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3(1)Establishing standards, objectives or requirements in relation to—E+W+S
(a)regulated activities, and
(b)in the case of fish regulations, structures or obstructions that affect, or could affect, the movement of fish through regulated waters.
(2)In the case of water regulations, authorising the making of plans for—
(a)the setting of overall limits,
(b)the allocation of rights, or
(c)the progressive improvement of standards or objectives,
relating to the use of water resources.
(3)In the case of water regulations, authorising the making of schemes for the trading or other transfer of rights so allocated.
4(1)Determining the authorities (whether public or local or the Minister) by whom functions conferred by the regulations—E+W+S
(a)in relation to permits under the regulations, or
(b)otherwise for or in connection with the regulated field,
are to be exercisable (in this Schedule referred to as “regulators”).
(2)Specifying any purposes for which any such functions are to be exercisable by regulators.
5E+W+SEnabling the Minister to give directions which regulators are to comply with, or guidance which regulators are to have regard to, in exercising functions under the regulations, including—
(a)directions providing for any functions exercisable by one regulator to be instead exercisable by another;
(b)directions given for the purpose of the implementation of any [F1[F2assimilated] obligations] or under any international agreement to which the United Kingdom is a party;
(c)directions relating to the exercise of any function in a particular case or class of case (except functions in relation to the investigation or prosecution, in a particular case, of an offence under the regulations).
Textual Amendments
F1Words in Sch. 8 para. 5(b) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 5; 2020 c. 1, Sch. 5 para. 1(1)
F2Word in Sch. 8 para. 5(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 83
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