Environment Act 1995 (c. 25)

(The document as of February, 2008)

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" 14 Screens

(1) This section applies in any case where--

(a) by means of any conduit or artificial channel, water is diverted from waters frequented by salmon or migratory trout; and

(b) any of the water so diverted is used for the purposes of a water or canal undertaking or for the purposes of any mill or fish farm;

and in this section "the responsible person" means the owner of the water or canal undertaking or (as the case may be) the occupier of the mill or the owner or occupier of the fish farm.

(2) Where this section applies, the responsible person shall, unless an exemption from the obligation is granted by the Agency, ensure (at his own cost) that there is placed and maintained at the entrance of, or within, the conduit or channel a screen which--

(a) subject to subsection (4) below, prevents the descent of the salmon or migratory trout; and

(b) in a case where any of the water diverted is used for the purposes of a fish farm, prevents the egress of farmed fish from the fish farm by way of the conduit or channel.

(3) Where this section applies, the responsible person shall also, unless an exemption from the obligation is granted by the Agency, ensure (at his own cost) that there is placed and maintained across any outfall of the conduit or channel a screen which--

(a) prevents salmon or migratory trout from entering the outfall; and

(b) in a case where any of the water diverted is used for the purposes of a fish farm, prevents the egress of farmed fish from the fish farm by way of the outfall.

(4) Where a screen is placed within any conduit or channel pursuant to subsection (2) above, the responsible person shall ensure that a continuous by-wash is provided immediately upstream of the screen, by means of which salmon or migratory trout may return by as direct a route as practicable to the waters from which they entered the conduit or channel (and accordingly nothing in subsection (2) or (3) above applies in relation to a by-wash provided for the purposes of this subsection).

(5) Any screen placed, or by-wash provided, in pursuance of this section shall be so constructed and located as to ensure, so far as reasonably practicable, that salmon or migratory trout are not injured or damaged by it.

(6) No such screen shall be so placed as to interfere with the passage of boats on any navigable canal.

(7) Any exemption under subsection (2) or (3) above may be granted subject to conditions.

(8) If any person who is required to do so by this section fails to ensure that a screen is placed or maintained, or that a by-wash is provided, in accordance with the provisions of this section, he shall be guilty of an offence.

(9) In any proceedings for an offence under subsection (8) above, it shall, subject to subsection (10) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or a person under his control.

(10) If in any case the defence provided by subsection (9) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless--

(a) at least seven clear days before the hearing, and

(b) where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,

he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

(11) Any reference in subsection (10) above to appearing before a court includes a reference to being brought before a court.

(12) The obligations imposed by subsections (2) to (6) above, except so far as relating to farmed fish, shall not be in force during such period (if any) in each year as may be prescribed by byelaw.

(13) The obligations imposed by subsections (2) to (6) above on the occupier of a mill shall apply only where the conduit or channel was constructed on or after 18th July 1923.

(14) Any reference in this section to ensuring that a screen is placed and maintained includes, in a case where the screen takes the form of apparatus the operation of which prevents the passage of fish of the descriptions in question, a reference to ensuring that the apparatus is kept in continuous operation.

(15) In this section "by-wash" means a passage through which water flows. "

14 (1) In section 15 of that Act (power of National Rivers Authority, with the consent of the Minister, to use gratings etc. to limit movements of salmon and trout) for the word "grating" or "gratings", wherever occurring (including in the side-note), there shall be substituted respectively the word "screen" or "screens".

(2) In subsection (1) of that section (placing of gratings, deepening of channels etc.) the words "with the written consent of the Minister" shall be omitted.

(3) In subsection (3) of that section (use of such means as the Minister may approve for preventing ingress)--

(a) the words "with the written consent of the Minister" shall be omitted; and

(b) for the words "as the Minister may approve" there shall be substituted the words "as in its opinion are necessary".

(4) At the end of that section there shall be added--

" (5) In this section "open", in relation to a screen which consists of apparatus, includes the doing of anything which interrupts, or otherwise interferes with, the operation of the apparatus. "

15 In section 17 of that Act (restrictions on taking salmon or trout above or below an obstruction etc) in subsection (3) (section not to be enforced, in cases where the fish pass is approved by the Minister, until compensation has been paid) for the words "approved by the Minister" there shall be substituted--

" (a) approved by the Agency, or

(b) constructed and maintained by the Agency in accordance with section 10(1) above, " .

16 In section 18 of that Act (provisions supplementary to Part II) for subsection (2) (notice of application for Ministerial consent to the doing of certain acts to be given to the owner and occupier of the dam etc in question) there shall be substituted--

" (2) The Agency shall not--

(a) construct, abolish or alter any fish pass, or abolish or alter any free gap, in pursuance of section 10 above, or

(b) do any work under section 15 above,

unless reasonable notice of its intention to do so (specifying the section in question) has been served on the owner and occupier of the dam, fish pass or free gap, watercourse, mill race, cut, leat, conduit or other channel, with a plan and specification of the proposed work; and the Agency shall take into consideration any objections by the owner or occupier, before doing the proposed work. "

17 In section 30 of that Act, the paragraph defining "fish farm" (which is superseded by amendments made by this Schedule) shall be omitted.

18 (1) In section 35 of that Act (power to require production of fishing licences) in subsection (3), for the words "the National Rivers Authority" there shall be substituted the words "the Agency".

(2) For subsection (4) of that section (definition of "the appropriate office of the National Rivers Authority") there shall be substituted--

" (4) In subsection (3) above, "the appropriate office of the Agency" means--

(a) in a case where the person requiring the production of the licence or other authority specifies a particular office of the Agency for its production, that office; and

(b) in any other case, any office of the Agency;

and for the purposes of that subsection where a licence or other authority which any person has been required to produce is sent by post to an office of the Agency that licence or other authority shall be treated as produced by that person at that office. "

19 After subsection (1A) of section 39 of that Act (application of Act to River Esk in Scotland) there shall be inserted--

" (1B) Sections 31 to 34 and 36(2) of this Act shall, subject to the modifications set out in subsection (1C) below, apply throughout the catchment area of the River Esk in Scotland but a water bailiff shall exercise his powers under those sections as so applied only in relation to an offence--

(a) against this Act;

(b) against section 1 of the [1951 c. 26.] Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951; or

(c) which is deemed to be an offence under this Act by virtue of section 211(6) of the [1991 c. 57.] Water Resources Act 1991,

which he has reasonable cause to suspect has been committed in a place to which this Act applies by virtue of subsection (1)(b) above.

(1C) The modifications referred to in subsection (1B) above are--

(a) references in sections 31 to 34 of this Act to "this Act" shall be construed as including references to section 1 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (as applied to the River Esk by section 21 of that Act); and

(b) in section 33--

(i) references to a justice of the peace shall be construed as including references to a sheriff; and

(ii) in subsection (2), the reference to an information on oath shall be construed as including a reference to evidence on oath. " .

20 In section 41(1) of that Act (general definitions) the following definitions shall be inserted at the appropriate places, that is to say--

" (a) "fish farm" has the same meaning as in the [1937 c. 33.] Diseases of Fish Act 1937; " ; and

" (b) "screen" means a grating or other device which, or any apparatus the operation of which, prevents--

(a) the passage of salmon or migratory trout, and

(b) if the screen is required in connection with a fish farm, the passage of any fish farmed at that fish farm,

or any combination of devices or apparatus which, taken together, achieve that result; " ; and the definition of "grating" shall be omitted.

21 In subsection (3) of section 43 of that Act (extent of Act to Scotland), after the words "(1A)" there shall be inserted the words ", (1B), (1C)".

22 In paragraph 1 of Schedule 1 to that Act (close seasons and close times) for the words "the National Rivers Authority" there shall be substituted the words "the Agency".

The Diseases of Fish Act 1983

23 In section 9(1)(d) of the [1983 c. 30.] Diseases of Fish Act 1983 (disclosure of information for the purpose of enabling the National Rivers Authority to carry out any of its functions) for the words "the National Rivers Authority" there shall be substituted the words "the Environment Agency".

The Salmon Act 1986

24 In section 37(3) of the [1986 c. 62.] Salmon Act 1986 (byelaws requiring consent of the National Rivers Authority) for the words "the National Rivers Authority has" there shall be substituted the words "the Environment Agency has".

The Water Resources Act 1991

25 In section 115 of the [1991 c. 57.] Water Resources Act 1991, in subsection (1) (power by order to make provision in relation to an area defined by the order for the modification, in relation to the fisheries in that area, of the enactments specified in the paragraphs of that subsection) for paragraph (b) there shall be substituted--

" (b) of section 142 or 156 below or paragraph 6 or 7 of Schedule 25 to this Act; or "

26 (1) In paragraph 6 of Schedule 25 to that Act (powers to make byelaws in relation to any part or parts of the area in relation to which the National Rivers Authority carries out its functions in relation to fisheries under Part V of that Act) in sub-paragraphs (1) to (5) for the words "in relation to any part or parts", in each place where they occur, there shall be substituted the words "in relation to the whole or any part or parts".

(2) In sub-paragraph (3)(c) of that paragraph (byelaws for the purpose of determining for the purposes of the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 the period of the year during which gratings need not be maintained) for the word "gratings" there shall be substituted the word "screens".

Section 106.

SCHEDULE 16 Pollution of rivers and coastal waters in Scotland: amendment of the Control of Pollution Act 1974

1 The [1974 c. 40.] Control of Pollution Act 1974, as it has effect in Scotland, shall be amended in accordance with the following paragraphs.

2 After section 30E there shall be inserted the following sections--

" Control of entry of polluting matter and effluents into water

30F Pollution offences.

(1) A person contravenes this section if he causes or knowingly permits any poisonous, noxious or polluting matter or any solid waste matter to enter any controlled waters.

(2) A person contravenes this section if he causes or knowingly permits any matter, other than trade effluent or sewage effluent, to enter controlled waters by being discharged from a sewer or from a drain in contravention of a prohibition imposed under section 30G below.

(3) A person contravenes this section if he causes or knowingly permits any trade effluent or sewage effluent to be discharged--

(a) into any controlled waters; or

(b) from land in Scotland, through a pipe, into the sea outside the seaward limits of controlled waters.

(4) A person contravenes this section if he causes or knowingly permits any trade effluent or sewage effluent to be discharged, in contravention of any prohibition imposed under section 30G below, from a building or from any plant--

(a) on to or into any land; or

(b) into any waters of a loch or pond which are not inland waters.

(5) A person contravenes this section if he causes or knowingly permits any matter whatever to enter any inland waters so as to tend (either directly or in combination with other matter which he or another person causes or permits to enter those waters) to impede the proper flow of the waters in a manner leading, or likely to lead, to a substantial aggravation of--

(a) pollution due to other causes; or

(b) the consequences of such pollution.

(6) Subject to the following provisions of this Part, a person who contravenes this section 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.

30G Prohibition of certain discharges by notice or regulations.

(1) For the purposes of section 30F above a discharge of any effluent or other matter is, in relation to any person, in contravention of a prohibition imposed under this section if, subject to the following provisions of this section--

(a) SEPA has given that person notice prohibiting him from making or, as the case may be, continuing the discharge; or

(b) SEPA has given that person notice prohibiting him from making or, as the case may be, continuing the discharge unless specified conditions are observed, and those conditions are not observed.

(2) For the purposes of section 30F above a discharge of any effluent or other matter is also in contravention of a prohibition imposed under this section if the effluent or matter discharged--

(a) contains a prescribed substance or a prescribed concentration of such a substance; or

(b) derives from a prescribed process or from a process involving the use of prescribed substances or the use of such substances in quantities which exceed the prescribed amounts.

(3) Nothing in subsection (1) above shall authorise the giving of a notice for the purposes of that subsection in respect of discharges from a vessel; and nothing in any regulations made by virtue of subsection (2) above shall require any discharge from a vessel to be treated as a discharge in contravention of a prohibition imposed under this section.

(4) A notice given for the purposes of subsection (1) above shall expire at such time as may be specified in the notice.

(5) The time specified for the purposes of subsection (4) above shall not be before the end of the period of three months beginning with the day on which the notice is given, except in a case where SEPA is satisfied that there is an emergency which requires the prohibition in question to come into force at such time before the end of that period as may be so specified.

(6) Where, in the case of such a notice for the purposes of subsection (1) above as (but for this subsection) would expire at a time at or after the end of the said period of three months, an application is made before that time for a consent in pursuance of section 34 of this Act in respect of the discharge to which the notice relates, that notice shall be deemed not to expire until the result of the application becomes final--

(a) on the grant or withdrawal of the application;

(b) on the expiration, without the bringing of an appeal with respect to the decision on the application, of any period prescribed by virtue of section 39(2) below as the period within which any such appeal must be brought; or

30H Discharges into and from sewers etc.

(1) For the purposes of section 30F above where--

(a) any sewage effluent is discharged as mentioned in subsection (3) or (4) of that section from any sewer or works--

(i) vested in a sewerage authority; or

(ii) vested in a person other than a sewerage authority and forming (or forming part of) a system provided by him such as is mentioned in section 98(1)(b) of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994; and

(b) the authority or, as the case may be, the person did not cause or knowingly permit the discharge but was bound (either unconditionally or subject to conditions which were observed) to receive into the sewer or works matter included in the discharge,

the authority or person shall be deemed to have caused the discharge.

(2) A sewerage authority shall not be guilty of an offence under section 30F of this Act by reason only of the fact that a discharge from a sewer or works vested in the authority contravenes conditions of a consent relating to the discharge if--

(a) the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works; and

(b) the authority either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions but the conditions were not observed; and

and a person shall not be guilty of such an offence in consequence of a discharge which he caused or permitted to be made into a sewer or works vested in a sewerage authority if the authority was bound to receive the discharge there either unconditionally or subject to conditions which were observed.

(3) A person in whom any such sewer or works as is described in subsection (1)(a)(ii) above is vested (such person being in this subsection referred to as a "relevant person") shall not be guilty of an offence under section 30F of this Act by reason only of the fact that a discharge from the sewer or works contravenes conditions of a consent relating to the discharge if--

(a) the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works; and

(b) the relevant person either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions but the conditions were not observed; and

and another person shall not be guilty of such an offence in consequence of a discharge which he caused or permitted to be made into a sewer or works vested in a relevant person if the relevant person was bound to receive the discharge there either unconditionally or subject to conditions which were observed.

30I Defence to principal offences in respect of authorised discharges.

(1) Subject to the following provisions of this section, a person shall not be guilty of an offence under section 30F above in respect of the entry of any matter into any waters or any discharge if the entry occurs or the discharge is made under and in accordance with, or as a result of, any act or omission under and in accordance with--

(a) a consent in pursuance of section 34 of this Act or under Chapter II of Part III of the [1991 c. 57.] Water Resources Act 1991 (which makes corresponding provision for England and Wales);

(b) an authorisation for a prescribed process designated for central control granted under Part I of the [1990 c. 43.] Environmental Protection Act 1990;

(d) a licence granted under Part II of the [1985 c. 48.] Food and Environment Protection Act 1985;

(e) section 33 of the [1980 c. 45.] Water (Scotland) Act 1980 (temporary discharge by authorities in connection with the construction of works);

(f) any provision of a local Act or statutory order which expressly confers power to discharge effluent into water; or

(g) any prescribed enactment.

(2) Nothing in any disposal licence shall be treated for the purposes of subsection (1) above as authorising--

(a) any such entry or discharge as is mentioned in subsections (2) to (4) of section 30F above; or

(b) any act or omission so far as it results in any such entry or discharge.

(3) In this section--

"disposal licence" means a licence issued in pursuance of section 5 of this Act;
"local Act" includes enactments in a public general Act which amend a local Act;
"statutory order" means an order, byelaw, scheme or award made under an Act of Parliament, including an order or scheme confirmed by Parliament or brought into operation in accordance with special parliamentary procedure; and
"waste management licence" means such a licence granted under Part II of the [1990 c. 43.] Environmental Protection Act 1990.

30J Other defences to principal offences.

(1) A person shall not be guilty of an offence under section 30F above in respect of the entry of any matter into any waters or any discharge if--

(a) the entry is caused or permitted, or the discharge is made, in an emergency in order to avoid danger to life or health;

(b) that person takes all such steps as are reasonably practicable in the circumstances for minimising the extent of the entry or discharge and of its polluting effects; and

(c) particulars of the entry or discharge are furnished to SEPA as soon as reasonably practicable after the entry occurs.

(2) A person shall not be guilty of an offence under section 30F above by reason of his causing or permitting any discharge of trade or sewage effluent from a vessel.

(3) A person shall not be guilty of an offence under section 30F above by reason only of his permitting water from an abandoned mine or an abandoned part of a mine to enter controlled waters.

(4) Subsection (3) above shall not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.

(5) In determining for the purposes of subsection (4) above whether a mine or part of a mine became abandoned before, on or after 31st December 1999 in a case where the mine or part has become abandoned on two or more occasions, of which--

(a) at least one falls on or before that date, and

(b) at least one falls after that date,

the mine or part shall be regarded as becoming abandoned after that date (but without prejudice to the operation of subsection (3) above in relation to that mine or part at, or in relation to, any time before the first of those occasions which falls after that date).

(6) Where, immediately before a part of a mine becomes abandoned, that part is the only part of the mine not falling to be regarded as abandoned for the time being, the abandonment of that part shall not be regarded for the purposes of subsection (4) or (5) above as constituting the abandonment of the mine, but only of that part of it.

(7) A person shall not, otherwise than in respect of the entry of any poisonous, noxious or polluting matter into any controlled waters, be guilty of an offence under section 30F above by reason of his depositing the solid refuse of a mine or quarry on any land so that it falls or is carried into inland waters if--

(a) he deposits the refuse on the land with the consent of SEPA;

(b) no other site for the deposit is reasonably practicable; and

(8) A roads authority obliged or entitled to keep open a drain by virtue of section 31 of the [1984 c. 54.] Roads (Scotland) Act 1984 shall not be guilty of an offence under section 30F above by reason of its causing or permitting any discharge to be made from a drain kept open by virtue of that section unless the discharge is made in contravention of a prohibition imposed under section 30G above. "

3 Sections 31(1), (2), (3), (7) and (10) (offences relating to pollution of rivers and coastal waters) and 32 (control of discharges of trade and effluent etc. into rivers and coastal waters etc.) shall cease to have effect.

4 In section 31(8) (maximum penalties) for the words "paragraphs (a) and (b) of the preceding subsection" there shall be substituted the words "section 30F(6) above".

5 In section 31B(4)(d) (nitrate sensitive areas: maximum penalties) for the words "subsection (7) of section 31 above" there shall be substituted the words "subsection (6) of section 30F above".

6 In section 34(3) (consents for discharges of trade and effluent) for the words "section 32(1)" there shall be substituted the words "section 30F(2) to (4)".

7 In section 39(1)(a) (appeals to the Secretary of State) for the words "section 31(3)" there shall be substituted the words "section 30J(4)".

8 In section 56(1) (interpretation etc of Part II) the following definitions shall be inserted in the appropriate places--

" "drain" has the same meaning as in the [1968 c. 47.] Sewerage (Scotland) Act 1968; " ; and

" "sewer" has the same meaning as in the Sewerage (Scotland) Act 1968; " .

9 In section 87(3) (time-bar in relation to legal proceedings)--

(a) the words from the beginning to "offence; and" shall cease to have effect;

(b) for the words "section 23 of the Summary Jurisdiction (Scotland) Act 1954" there shall be substituted the [1954 c. 48.] words "section 331 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975";

(c) for the words "such offence" there shall be substituted the words "offence under section 30F of this Act or regulations or byelaws made in pursuance of section 31 of this Act"; and

(d) for the words "subsection (2) of section 23 of the said Act of 1954" there shall be substituted the words "subsection (3) of section 331 of the said Act of 1975";

(e) the words "in its application to Scotland" shall cease to have effect.

Section 107.

SCHEDULE 17 Statutory nuisances: Scotland

Amendments of the Environmental Protection Act 1990

1 The [1990 c. 43.] Environmental Protection Act 1990 shall be amended in accordance with the provisions of paragraphs 2 to 7 of this Schedule.

2 In section 79 (statutory nuisances etc)--

(a) in subsection (1)(ga) after the word "street" there shall be inserted the words "or in Scotland, road";

(b) in subsection (7)--

(i) in the definition of "local authority", before the word "outside" in paragraph (b) there shall be inserted "in England and Wales", the word "and" after paragraph (b) shall cease to have effect, and after paragraph (c) there shall be inserted " and

(d) in Scotland, a district or islands council or a council constituted under section 2 of the [1994 c. 39.] Local Government etc (Scotland) Act 1994; " ;

(ii) in the definition of "premises" after the word "and" where it second occurs there shall be inserted the words ", in relation to England and Wales,";

(iii) at the appropriate place there shall be inserted--

" "road" has the same meaning as in Part IV of the New Roads and Street Works Act 1991; " ;

(i) after the words "port health district" where they first occur there shall be inserted the words "or in Scotland where by an order under section 172 of the [1897 c. 38.] Public Health (Scotland) Act 1897 a port local authority or a joint port local authority has been constituted for the whole or part of a port,";

(ii) after the words "port health authority" where they second occur there shall be inserted the words ", port local authority or joint port local authority, as the case may be";

(d) in subsection (10) after the words "or (e)" there shall be inserted "and, in relation to Scotland, paragraph (g) or (ga),";

(e) in subsection (11) after the words "subsection (12) and" there shall be inserted the words ", in relation to England and Wales,".

3 In section 80 (summary proceedings) in subsection (3) after the words "magistrate's court" there shall be inserted the words "or in Scotland, the sheriff";

4 In section 81 (supplementary provisions)--

(a) in subsection (2) after the words "magistrate's court" there shall be inserted the words "or in Scotland, the sheriff";

(b) in subsection (3) after the word "offence" there shall be inserted the words "or, in Scotland, whether or not proceedings have been taken for an offence,";

(c) in subsection (4) after the word "court" where it first occurs there shall be inserted the word "or sheriff" and after the words "court consider" there shall be inserted the words "or sheriff considers";

(d) in subsection (5) after the words "High Court" there shall be inserted the words "or, in Scotland, in any court of competent jurisdiction,".

5 In section 81A at the end, as subsection (10), and in section 81B at the end, as subsection (6), there shall be added--

" ( ) This section does not apply to Scotland. " .

6 In section 82 (proceedings by persons aggrieved)--

(a) in subsection (1) after the word "complaint" there shall be inserted the words "or, in Scotland, the sheriff may act under this section on a summary application,";

(b) in subsection (2)--

(i) after the words "magistrate's court" there shall be inserted the words "or, in Scotland, the sheriff";

(ii) after the word "street" there shall be inserted the words "or, in Scotland, road";

(iii) after the words "the court" there shall be inserted the words "or the sheriff";

(iv) in paragraph (a) after the word "defendant" there shall be inserted the words "or, in Scotland, defender";

(v) in paragraph (b) after the word "defendant" there shall be inserted the words "or defender";

(vi) after the word "and" where it third occurs there shall be inserted the words ", in England and Wales,";

(c) in subsection (3), after the words "magistrate's court" there shall be inserted the words "or the sheriff" and after the words "of the court" in both places where they occur there shall be inserted the words "or of the sheriff";

(d) in subsection (11), after the words "magistrate's court" there shall be inserted the words "or the sheriff";

(e) in subsection (12) after the word "complaint" there shall be inserted the words "or summary application", after the words "the court" in both places where they occur there shall be inserted the words "or the sheriff" and for the words "defendant (or defendants" there shall be substituted the words "defendant or defender (or defendants or defenders";

(f) in subsection (13), after the words "magistrate's court" there shall be inserted the words "or to the sheriff" and after the words "the court" in both place where they occur there shall be inserted the words "or the sheriff".

7 In Schedule 3 (statutory nuisance; supplementary provisions)--

(a) after paragraph 1 there shall be inserted--

" Appeals to Sheriff

1A (1) This paragraph applies in relation to appeals to the sheriff under section 80(3) against an abatement notice.

(2) An appeal to which this paragraph applies shall be by way of a summary application.

(3) The Secretary of State may make regulations as to appeals to which this paragraph applies and the regulations may in particular include or prescribe any of the matters referred to in sub-paragraphs (4)(a) to (d) of paragraph 1 above. " ;

(b) in paragraph 2 at the end there shall be added--

" (8) In the application of this paragraph to Scotland, a reference to a justice of the peace or to a justice includes a reference to the sheriff. " ;

(d) in paragraph 4 at the end there shall be added--

" (9) This paragraph does not apply to Scotland. " ;

(e) in paragraph 6 after the words "magistrate's court" there shall be inserted the words "or, in Scotland, the sheriff".

Amendments of the Radioactive Substances Act 1993

8 In the [1993 c. 12.] Radioactive Substances Act 1993, in Part II of Schedule 3--

(a) in paragraph 12, for the words "Sections 16 and 17" there shall be substituted the words "Section 16";

(b) at the end there shall be added--

" 17A Part III of the [1990 c. 43.] Environmental Protection Act 1990. " .

Section 108.

SCHEDULE 18 Supplemental provisions with respect to powers of entry

Interpretation

1 (1) In this Schedule--

"designated person" means an authorised person, within the meaning of section 108 of this Act and includes a person designated by virtue of paragraph 2 below;
"relevant power" means a power conferred by section 108 of this Act, including a power exercisable by virtue of a warrant under this Schedule.

(2) Expressions used in this Schedule and in section 108 of this Act have the same meaning in this Schedule as they have in that section.

Issue of warrants

2 (1) If it is shown to the satisfaction of a justice of the peace or, in Scotland, the sheriff or a justice of the peace, on sworn information in writing--

(a) that there are reasonable grounds for the exercise in relation to any premises of a relevant power; and

(b) that one or more of the conditions specified in sub-paragraph (2) below is fulfilled in relation to those premises,

the justice or sheriff may by warrant authorise an enforcing authority to designate a person who shall be authorised to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.

(2) The conditions mentioned in sub-paragraph (1)(b) above are--

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