7. Subparagraphs (1) and (2) of paragraph 5 of Schedule 21 to the 1991 Act(1) apply for the purposes of section 38 of the 2010 Act as if the reference to powers under section 165(1) to (3) of the 1991 Act were a reference to powers under section 38 of the 2010 Act.
Subparagraphs (1) and (2) of paragraph 5 of Schedule 21 were amended by the Environment Act 1995, section 120 and Schedule 22, paragraph 128, and S.I. 2009/1307.