The Pollution Prevention and Control (England and Wales) Regulations 2000

PART VII SECRETARY OF STATE'S POWERS

Directions to regulators

36.—(1) The Secretary of State may give directions to regulators of a general or specific character with respect to the carrying out of any of their functions under these Regulations.

(2) Without prejudice to the generality of the power conferred by paragraph (1), a direction under that paragraph may direct regulators—

(a) to exercise any of their powers under these Regulations or to do so in such circumstances as may be specified in the directions or in such manner as may be so specified; or

(b) not to exercise those powers, or not to do so in such circumstances or such manner as may be specified in the directions.

(3) Where the Secretary of State receives information pursuant to Article 17(1) of the Directive in relation to the operation of an installation outside of the United Kingdom which is likely to have a significant negative effect on the environment of England or Wales, he shall, for the purpose of complying with Article 17(2) of the Directive, direct the Environment Agency to take such steps as he considers appropriate for the purpose of bringing the information to the attention of the persons in England or Wales likely to be affected by the operation of the installation and providing them with an opportunity to comment on that information.

(4) Any direction given under these Regulations shall be in writing and may be varied or revoked by a further direction.

(5) It shall be a duty of a regulator to comply with any direction which is given to it under these Regulations.

Guidance to regulators

37.—(1) The Secretary of State may issue guidance to regulators with respect to the carrying out of any of their functions under these Regulations.

(2) A regulator, in carrying out any of its functions under these Regulations, shall have regard to any guidance issued by the Secretary of State under this regulation.

Plans relating to emissions

38.—(1) The Secretary of State may make plans for—

(a) the setting of limits on the total amount, or the total amount in any period, of emissions from all or any description of source within England and Wales; or

(b) the allocation of quotas relating to such emissions.

(2) Where the Secretary of State allocates a quota in a plan made under paragraph (1) he may also make a scheme for the trading or other transfer of the quota so allocated.

(3) In this regulation, “emission” means the direct or indirect release of any substance from individual or diffuse sources into the air, water or land.