Office of Public Sector Information
SCHEDULE 22 continued
(1) A person on whom a works notice is served may, within the period of twenty-one days beginning with the day on which the notice is served, appeal against the notice to the Secretary of State.
(2) On any appeal under this section the Secretary of State—
(a) shall quash the notice, if he is satisfied that there is a material defect in the notice; but
(b) subject to that, may confirm the notice, with or without modification, or quash it.
(3) The Secretary of State may by regulations make provision with respect to—
(a) the grounds on which appeals under this section may be made; or
(b) the procedure on any such appeal.
(4) Regulations under subsection (3) above may (among other things)—
(a) include provisions comparable to those in section 290 of the [1936 c. 49.] Public Health Act 1936 (appeals against notices requiring the execution of works);
(b) prescribe the cases in which a works notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;
(c) prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the works notice against which he is appealing;
(d) prescribe the cases in which the appellant may claim that a works notice should have been served on some other person and prescribe the procedure to be followed in those cases;
(e) make provision as respects—
(i) the particulars to be included in the notice of appeal;
(ii) the persons on whom notice of appeal is to be served and the particulars, if any, which are to accompany the notice; or
(iii) the abandonment of an appeal.
(5) In this section “works notice” means a works notice under section 46A of this Act.
(6) This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals).
(1) If a person on whom SEPA serves a works notice fails to comply with any of the requirements of the notice, he shall be guilty of an offence.
(2) A person who commits an offence under subsection (1) above shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(3) If a person on whom a works notice has been served fails to comply with any of the requirements of the notice, SEPA may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by SEPA in doing it.
(4) If SEPA is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of a works notice, SEPA may take proceedings in any court of competent jurisdiction for the purpose of securing compliance with the notice.
(5) In this section “works notice” means a works notice under section 46A of this Act.”.
(23) In section 47 (duty to deal with waste from vessels etc.)—
(a) in subsection (1) (duty), the words “in its area” shall cease to have effect; and
(b) in subsection (2) (provision of facilities), the words “in the authority’s area” shall cease to have effect.
(24) In section 48(1) (power to exclude unregistered vessels from rivers etc.) the words “in its area” shall cease to have effect.
(25) In section 49 (deposit and vegetation in rivers etc) at the end there shall be added—
“(5) This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals).”
(26) After that section there shall be inserted—
(1) If SEPA is of the opinion that the holder of a relevant consent is contravening any condition of the consent, or is likely to contravene any such condition, it may serve on him a notice (an “enforcement notice”).
(2) An enforcement notice shall—
(a) state that SEPA is of the said opinion;
(b) specify the matters constituting the contravention or the matters making it likely that the contravention will arise;
(c) specify the steps that must be taken to remedy the contravention or, as the case may be, to remedy the matters making it likely that the contravention will arise; and
(d) specify the period within which those steps must be taken.
(3) Any person who fails to comply with any requirement imposed by an enforcement notice shall be guilty of an offence and liable—
(a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(4) If SEPA is of the opinion that proceedings for an offence under subsection (3) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice, SEPA may take proceedings in any court of competent jurisdiction for the purpose of securing compliance with the notice.
(5) The Secretary of State may, if he thinks fit in relation to any person, give to SEPA directions as to whether it should exercise its powers under this section and as to the steps which must be taken.
(6) In this section—
“relevant consent” means a consent for the purposes of section 30J(7)(a), 34 or 49(1) of this Act; and
“the holder”, in relation to a relevant consent, is the person who has the consent in question.
(1) A person upon whom an enforcement notice has been served under section 49A of this Act may appeal to the Secretary of State.
(2) This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc.).
(3) An appeal under this section shall, if and to the extent a requirement to do so is prescribed, be advertised in the manner prescribed.
(4) If either party to the appeal so requests or the Secretary of State so decides, an appeal shall be or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private).
(5) On the determination of an appeal under this section, the Secretary of State may either quash or affirm the enforcement notice and, if he affirms it, may do so either in its original form or with such modifications as he may in the circumstances think fit.
(6) The bringing of an appeal under this section shall not have the effect of suspending the operation of the notice appealed against.
(7) The period within which and the manner in which appeals under this section are to be brought and the manner in which they are to be considered shall be as prescribed.”
(27) In section 50 (investigation of water pollution problems arising from closures of mines) the words “in its area” shall cease to have effect.
(28) Sections 53 (charges in respect of consents to certain discharges in Scotland), 54 (directions to the river purification authority), 55 (discharges by islands councils) and 56(4) (meaning of the area of a river purification authority) shall cease to have effect.
(29) In section 56(1) (interpretation of Part II), the following definition shall be inserted in the appropriate place in alphabetical order—
““operations” includes works;”.
(30) In section 90(3) (establishment charges etc. in relation to Scotland), for the words from “a river” to the end there shall be substituted the words “SEPA”.
(31) Section 91(5)(a) (application of that section to Scotland) shall cease to have effect.
(32) In section 96(3) (local inquiries) the words from “but as if” to the end shall cease to have effect.
(33) In section 98 (interpretation of Part V), for paragraph (b) of the definition of “relevant authority” there shall be substituted —
“(b) in Scotland—
(i) as respects sections 91 and 92, a council constituted under section 2 of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994; and
(ii) as respects this Part other than those sections, the Secretary of State, SEPA or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”.
(34) In section 104(1) (orders and regulations) the words “59” shall cease to have effect.
(35) In section 105 (interpretation etc.— general) there shall be inserted in the appropriate place— ““SEPA” means the Scottish Environment Protection Agency;”.
30 (1) The [1974 c. 37.] Health and Safety at Work etc. Act 1974 (in this paragraph referred to as “the 1974 Act”) shall have effect in accordance with the following provisions of this paragraph.
(2) The appropriate new Agency shall, in consequence of the transfer effected by virtue of section 2(2)(c) or, as the case may be, 21(2)(a) of this Act, be regarded for the purposes of Part I of the 1974 Act as the authority which is, by any of the relevant statutory provisions, made responsible in relation to England and Wales or, as the case may be, Scotland for the enforcement of the relevant enactments (and, accordingly, as the enforcing authority in relation to those enactments).
(3) Neither the Agency nor SEPA shall have power to appoint inspectors under section 19 of the 1974 Act.
(4) Sections 21 to 23 (improvement notices and prohibition notices) shall have effect in any case where the relevant statutory provision in question is any of the relevant enactments as if references in those sections to an inspector were references to the appropriate new Agency.
(5) Section 27 (obtaining of information by the Commission etc) shall have effect in relation to the appropriate new Agency, in its relevant capacity, as it has effect in relation to the Health and Safety Commission (and not as it has effect in relation to an enforcing authority), except that the consent of the Secretary of State shall not be required to the service by the appropriate new Agency of a notice under subsection (1) of that section; and, accordingly, where that section has effect by virtue of this sub-paragraph—
(a) any reference in that section to the Commission shall be construed as a reference to the appropriate new Agency;
(b) any reference to an enforcing authority shall be disregarded; and
(c) in subsection (3) of that section, the words from “and also” onwards shall be disregarded.
(6) In section 28 (restrictions on disclosure of information)—
(a) in paragraph (a) of subsection (3) (exception for disclosure of information to certain bodies) after the words “the Executive,” there shall be inserted the words “the Environment Agency, the Scottish Environment Protection Agency,”;
(b) in paragraph (c)(ii) of that subsection (exception for disclosure to officers of certain bodies) as it applies to England and Wales—
(i) the words “of the National Rivers Authority or”, and
(ii) the word “Authority,” (where next occurring),
shall be omitted;
(c) for paragraph (c)(ii) of that subsection as it applies to Scotland there shall be substituted—
“(ii) an officer of a water undertaker, sewerage undertaker, sewerage authority or water authority who is authorised by that authority to receive it;”;
(d) paragraph (c)(iii) of that subsection (exception for disclosure to officers of river purification boards) shall cease to have effect;
(e) in subsection (4) (references to certain bodies to include references to officers or inspectors), after the words “the Executive” (in the first place where they occur) there shall be inserted the words “the Environment Agency, the Scottish Environment Protection Agency,”;
(f) in subsection (5) (information disclosed in pursuance of subsection (3) not to be used by recipient except for specified purposes)—
(i) in paragraph (a) (use for a purpose of the Executive etc) after the words “of the Executive or” there shall be inserted the words “of the Environment Agency or of the Scottish Environment Protection Agency or”;
(ii) in paragraph (b) as it applies to England and Wales (use for the purposes of certain bodies of information given to officers of those bodies), the words “the National Rivers Authority” shall be omitted;
(iii) in the said paragraph (b) as it applies to Scotland, for the words from the beginning to “in connection” there shall be substituted the words “in the case of information given to an officer of a body which is a local authority, a water undertaker, a sewerage undertaker, a sewerage authority or a water authority the purposes of the body in connection”.
(7) In section 38 (restriction on institution of proceedings in England and Wales) after the words “except by an inspector or” there shall be inserted the words “the Environment Agency or”.
(8) In this paragraph—
“the appropriate new Agency” means—
in relation to England and Wales, the Agency; and
in relation to Scotland, SEPA;
“relevant capacity”, in relation to the appropriate new Agency, means its capacity as the enforcing authority, for the purposes of Part I of the 1974 Act, which is responsible in relation to England and Wales or, as the case may be, Scotland for the enforcement of the relevant enactments;
“the relevant enactments” means the [1906 c. 14.] Alkali, &c, Works Regulation Act 1906 and section 5 of the 1974 Act;
“the relevant statutory provisions” has the same meaning as in Part I of the 1974 Act.
31 In Part II of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (bodies of which all members are disqualified for membership of the House of Commons) the following entries shall be inserted at the appropriate places—
(a) “The Environment Agency.”;
(b) “The Scottish Environment Protection Agency.”;
and the like insertions shall be made in Part II of Schedule 1 to the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified for membership of the Northern Ireland Assembly).
32 (1) The [1975 c. 30.] Local Government (Scotland) Act 1975 shall be amended in accordance with the following provisions.
(2) In section 16 (borrowing and lending by local authorities and certain other bodies)—
(a) after the words “local authorities” there shall be inserted the word “and”;
(b) the words “and river purification boards” shall cease to have effect.
(3) In Schedule 3 (further provision relating to borrowing and lending by local authorities and certain other bodies) in paragraph 28—
(a) in sub-paragraph (1)—
(i) after the word “money” there shall be inserted the word “and”;
(ii) the words “or a river purification board,” shall cease to have effect;
(b) in sub-paragraph (2) for sub-paragraph (a) there shall be substituted—
“(a) a joint board; and”.
33 In section 44 of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part I of that Act) after subsection (1A) (certain provisions of that Act, including section 16 (obtaining information about land), to have effect as if the Broads Authority were a local authority) there shall be inserted—
“(1B) Section 16 of this Act shall have effect as if the Environment Agency were a local authority.”.
34 (1) The [1980 c. 45.] Water (Scotland) Act 1980 shall be amended in accordance with the following provisions of this paragraph.
(2) In section 31(1) (consultation where limits of water supply adjoin any part of England) for paragraph (b) there shall be substituted—
“(b) the Scottish Environment Protection Agency.”
(3) In section 33(3)(a) (notice of temporary discharge of water into watercourses)—
(a) sub-paragraph (ii) and the preceding “and” shall cease to have effect ; and
(b) at the end of the paragraph there shall be inserted— “and
(ii) to the Scottish Environment Protection Agency.”
(4) In section 109(1) (interpretation) the definitions of “river purification authority” and “river purification board” shall cease to have effect.
(5) In Schedule 1—
(a) in paragraph 2(ii) for the words following “section 17(2)” to the end there shall be substituted the words “ on the Scottish Environment Protection Agency”;
(b) in paragraph 11(ii) the words “and any river purification authority” shall cease to have effect and at the end there shall be added the words “and on the Scottish Environment Protection Agency”;
(c) in paragraph 19 for the words following “any fishery district” to the words “any public undertakers” there shall be substituted the words “any navigation authority exercising jurisdiction in relation to any watercourse from which water is proposed to be taken under the rights to be acquired, the Scottish Environment Protection Agency and any public undertakers”.
35 In Schedule 1 to the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (sufficiency of evidence by certificate in certain routine matters) in the entry relating to the [1974 c. 40.] Control of Pollution Act 1974—
(a) for the words from “Section 31(1)” to “such waters etc)” there shall be substituted the words “Section 30F (pollution offences)”; and
(b) for the words “a river purification authority (within the meaning of that Act)” there shall be substituted the words “the Scottish Environment Protection Agency”.
36 (1) In section 1 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (traffic regulation orders outside Greater London) in subsection (1), after paragraph (f) (which allows a traffic regulation order to be made for preserving or improving the amenities of the area through which the road runs) there shall be added “or
(g) for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality).”
(2) In section 6 of that Act (orders similar to traffic regulation orders in Greater London) in subsection (1)(b) (which allows orders in Greater London to be made for equivalent purposes to those in section 1(1)(a) to (f) of that Act) for the words “(a) to (f)” there shall be substituted the words “(a) to (g)”.
(3) In section 122(2) of that Act (matters to which, so far as practicable, regard is to be had by local authorities in exercising their functions under the Act) after paragraph (b) there shall be inserted—
“(bb) the strategy prepared under section 80 of the Environment Act 1995 (national air quality strategy);”.
37 (1) The [1989 c. 29.] Control of Pollution (Amendment) Act 1989 shall be amended in accordance with the following provisions of this paragraph.
(2) In section 2 (registration of carriers)—
(a) in subsection (3), without prejudice to the power of regulation authorities to impose a charge in respect of their consideration of any such application, paragraph (e) (power to require them to impose such charges) shall cease to have effect; and
(b) after that subsection there shall be added—
“(3A) Without prejudice to the generality of paragraphs (b) and (d) of subsection (3) above—
(a) the power to prescribe a form under paragraph (b) of that subsection includes power to require an application to be made on any form of any description supplied for the purpose by the regulation authority to which the application is to be made; and
(b) the power to impose requirements with respect to information under paragraph (d) of that subsection includes power to make provision requiring an application to be accompanied by such information as may reasonably be required by the regulation authority to which it is to be made.”
(3) In section 4 (appeals to the Secretary of State against refusal of registration etc) after subsection (8) there shall be added—
“(9) This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).”
(4) In section 6 (seizure and disposal of vehicles used for illegal waste disposal) for subsection (6) there shall be substituted—
“(6) Regulations under this section shall not authorise a regulation authority to sell or destroy any property or to deposit any property at any place unless—
(a) the following conditions are satisfied, that is to say—
(i) the authority have published such notice, and taken such other steps (if any), as may be prescribed for informing persons who may be entitled to the property that it has been seized and is available to be claimed; and
(ii) the prescribed period has expired without any obligation arising under the regulations for the regulation authority to return the property to any person; or
(b) the condition of the property requires it to be disposed of without delay.”
(5) In section 7 (further enforcement provisions) in subsection (1) (which applies certain provisions of the [1990 c. 43.] Environmental Protection Act 1990) for the words “sections 68(3), (4) and (5), 69, 70 and 71” there shall be substituted the words “section 71”.
(6) Subsection (2) of that section (disclosure of information between certain authorities) shall cease to have effect.
(7) Subsection (8) of that section (which applies section 72 of the 1990 Act) shall cease to have effect.
(8) In section 9, for the definition of “regulation authority” there shall be substituted—
““regulation authority” means—
(a) in relation to England and Wales, the Environment Agency; and
(b) in relation to Scotland, the Scottish Environment Protection Agency;
and any reference to the area of a regulation authority shall accordingly be construed as a reference to any area in England and Wales or, as the case may be, in Scotland;”.
38 (1) Section 3 of the [1989 c. 15.] Electricity Act 1989 (general duties of the Secretary of State and the Director General of Electricity Supply when exercising certain functions) shall be amended in accordance with the following provisions of this paragraph.
(2) In subsection (1)(c) (duty, subject to subsection (2), to promote competition), for the words “subsection (2)” there shall be substituted the words “subsections (2) and (2A)”.
(3) After subsection (2) (duties as regards the supply of electricity in Scotland in certain cases) there shall be inserted—
“(2A) If an order under section 32(1) below requires a public electricity supplier to make, or produce evidence showing that he has made, arrangements or additional arrangements which will secure the result mentioned in subsection (2B) below, the order, so far as relating to any such requirement, may be made for the purpose of, or for purposes which include, promoting the supply to any premises of—
(a) heat produced in association with electricity, or
(b) steam produced from, or air or water heated by, such heat.
(2B) The result referred to in subsection (2A) above is that, for a period specified in the order, there will be available to the public electricity supplier—
(a) from combined heat and power stations; or
(b) from combined heat and power stations of any particular description,
an aggregate amount of generating capacity which is not less than that specified in relation to him in the order.
(2C) In subsection (2B) above, “combined heat and power station” has the meaning given by section 32(8) below.”.
(4) In subsection (3) (further duties), for the words “and (2)” there shall be substituted the words “, (2) and (2A)”.
39 (1) Section 32 of that Act (electricity from non-fossil fuel sources) shall be amended in accordance with the following provisions of this paragraph.
(2) After subsection (2) (result to be secured by arrangements made pursuant to an order under subsection (1)) there shall be inserted—
“(2A) For the purposes of this section—
(a) combined heat and power stations generally; and
(b) combined heat and power stations of any particular description,
are to be taken as being particular descriptions of non-fossil fuel generating stations.
(2B) A particular description of combined heat and power stations may be described by reference to, or by reference to matters which include—
(a) the heat or, as the case may be, the steam or heated air or water to be supplied from the station to any premises;
(b) any premises to which any such heat, steam or heated air or water is to be supplied (including, without prejudice to the generality of the foregoing, the use to which any such premises are put);
(c) the means or method by which any such heat, steam or heated air or water is to be supplied to any premises (including, without prejudice to the generality of the foregoing, any system or network of supply or distribution); or
(d) the arrangements (including financial or contractual arrangements) under which any such heat, steam or heated air or water is to be supplied to any premises.
(2C) Subsections (2A) and (2B) above are without prejudice to—
(a) the generality of subsection (2)(b) above, or
(b) section 111(2) below;
and subsection (2B) above is without prejudice to the generality of subsection (2A)(b) above.”.
(3) In subsection (8) (interpretation), after the definition of “coal products” there shall be inserted—
““combined heat and power station” means a non-fossil fuel generating station which is (or may be) operated for purposes including the supply to any premises of—
(a) heat produced in association with electricity, or
(b) steam produced from, or air or water heated by, such heat;”.
40 In Schedule 4 to that Act (other powers etc. of licence holders) in paragraph 4(1)(b) (power for certain bodies to execute works involving alterations of electric lines or plant) for the words “National Rivers Authority” there shall be substituted the words “Environment Agency”.
41 In Schedule 5 to that Act (water rights) in paragraph 8(b) for the words “river purification authority within whose area the watercourse or loch affected is situated” there shall be substituted the words “Scottish Environment Protection Agency”.
42 In section 2 of the [1990 c. 43.] Town and Country Planning Act 1990 (joint planning boards for National Parks and other areas) after subsection (6) there shall be inserted—
“(6A) Section 241 of the [1972 c. 70.] Local Government Act 1972 shall be taken to authorise the application to a joint planning board, subject to any necessary modifications, of any provisions of Part III (accounts and audit) of the [1982 c. 32.] Local Government Finance Act 1982 (as well as of any provisions of the [1972 c. 70.] Local Government Act 1972) by such an order as is mentioned in subsection (6) above.”
43 In Schedule 5 to that Act (conditions relating to mineral working) in paragraph 4 (consultations) after sub-paragraph (4) there shall be inserted—
“(4A) Without prejudice to the application of this paragraph in relation to consultation with the Forestry Commission, where the Minister is consulted pursuant to any provision of this paragraph—
(a) he is not required to inspect any land or to express a view on any matter or question; and
(b) he is not precluded from responding in general terms or otherwise in terms which are not specific to the land in question.”.
44 In Schedule 6 to that Act (determination of certain appeals by person appointed by the Secretary of State) in paragraph 1(1) (power, in respect of appeals under certain provisions, to prescribe classes of appeals to be determined by an appointed person instead of by the Secretary of State), after “208,” there shall be inserted “and paragraphs 6(11) and (12) and 11(1) of Schedule 13 and paragraph 9(1) of Schedule 14 to the Environment Act 1995,”.
Environment Act 1995