Environment Act 1995 (c. 25)

(The document as of February, 2008)

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The Health and Safety at Work etc. Act 1974

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

(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;

" (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--
(a)
in relation to England and Wales, the Agency; and
(b)
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.

The House of Commons Disqualification Act 1975 and the Northern Ireland Assembly Disqualification Act 1975

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).

The Local Government (Scotland) Act 1975

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 " .

The Local Government (Miscellaneous Provisions) Act 1976

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. " .

The Water (Scotland) Act 1980

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".

The Criminal Justice (Scotland) Act 1980

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".

The Road Traffic Regulation Act 1984

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); " .

The Control of Pollution (Amendment) Act 1989

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; " .

The Electricity Act 1989

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".

The Town and Country Planning Act 1990

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,".

The Environmental Protection Act 1990

45 (1) Section 1 of the [1990 c. 43.] Environmental Protection Act 1990 (interpretation of Part I) shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (7) (definition of "enforcing authority" in relation to England and Wales), for the words "the chief inspector or the local authority by whom" there shall be substituted the words "the Environment Agency or the local authority by which".

(3) For subsection (8) (definition of "enforcing authority" in relation to Scotland) there shall be substituted--

" (8) In relation to Scotland, references to the "enforcing authority" and a "local enforcing authority" are references to the Scottish Environment Protection Agency (in this Part referred to as "SEPA"). "

(4) After subsection (13) there shall be added--

" (14) In this Part "the appropriate Agency" means--

(a) in relation to England and Wales, the Environment Agency; and

(b) in relation to Scotland, SEPA. "

46 (1) Section 4 of that Act (determination of authority by whom functions are exercisable) shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (2) (functions of the chief inspector etc in relation to prescribed processes designated for central control) for the words "the chief inspector appointed for England and Wales by the Secretary of State under section 16 below and, in relation to Scotland, of the chief inspector so appointed for Scotland or of the river purification authority, as determined under regulations made under section 5(1) below" there shall be substituted the words "the appropriate Agency".

(3) In subsection (3) (discharge of functions designated for local control) for paragraphs (a) and (b) there shall be substituted--

" (a) in the case of a prescribed process carried on (or to be carried on) by means of a mobile plant, where the person carrying on the process has his principal place of business--

(i) in England and Wales, the local authority in whose area that place of business is;

(ii) in Scotland, SEPA;

(b) in any other cases, where the prescribed processes are (or are to be) carried on--

(i) in England and Wales, the local authority in whose area they are (or are to be) carried on;

(ii) in Scotland, SEPA; " .

(4) In subsection (4) (directions transferring functions to the chief inspector) for the words "the chief inspector" there shall be substituted the words "the Environment Agency".

(5) After that subsection there shall be inserted--

" (4A) In England and Wales, a local authority, in exercising the functions conferred or imposed on it under this Part by virtue of subsection (3) above, shall have regard to the strategy for the time being published pursuant to section 80 of the Environment Act 1995. "

(6) In subsection (5) (effect of such a transfer)--

(a) for the words "the chief inspector" there shall be substituted the words "the Environment Agency"; and

(b) for the word "him" there shall be substituted the words "that Agency".

(7) In subsection (8) (giving or withdrawal of directions)--

(a) for the words "the chief inspector" in each place where they occur there shall be substituted the words "the Environment Agency"; and

(b) the words "or, as the case may be, in the Edinburgh Gazette", in each place where they occur, shall be omitted.

(8) After subsection (8) there shall be inserted--

" (8A) The requirements of sub-paragraph (ii) of paragraph (a) or, as the case may be, of paragraph (b) of subsection (8) above shall not apply in any case where, in the opinion of the Secretary of State, the publication of notice in accordance with that sub-paragraph would be contrary to the interests of national security.

(8B) Subsections (4) to (8A) above shall not apply to Scotland. "

(9) For subsection (9) (which, among other things, imposed a duty on the chief inspector etc to follow developments in technology etc and which is partly superseded by this Act) there shall be substituted--

" (9) It shall be the duty of local authorities to follow such developments in technology and techniques for preventing or reducing pollution of the environment due to releases of substances from prescribed processes as concern releases into the air of substances from prescribed processes designated for local control. "

(10) In subsection (10) (duty of chief inspector etc to give effect to directions) for the words "the chief inspector, river purification authorities" there shall be substituted the words "the Environment Agency, SEPA".

(11) In subsection (11) (meaning of "local authority")--

(a) at the beginning of paragraph (b) there shall be inserted the words "in England and Wales," and

(b) paragraph (c) and the word "and" immediately preceding it shall cease to have effect.

47 Section 5 of that Act (further provision for Scotland as to discharge and scope of functions) shall cease to have effect.

48 In section 6 of that Act, in subsection (2) (fee payable on application for authorisation) after the words "shall be accompanied by" there shall be inserted--

" (a) in a case where, by virtue of section 41 of the Environment Act 1995, a charge prescribed by a charging scheme under that section is required to be paid to the appropriate Agency in respect of the application, the charge so prescribed; or

(b) in any other case, " .

49 (1) In section 7 of that Act (conditions of authorisations) in subsection (9) the words from "and, in relation to Scotland," to the end of the subsection shall be omitted.

(2) At the end of subsection (12) of that section (definition of "relevant enactments" for the purposes of subsection (2)) there shall be added " ; and

(g) section 87 of the Environment Act 1995. " .

50 (1) Section 8 of that Act (fees and charges for authorisations) shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (1) (payments to be charged by, or paid to, the enforcing authority in accordance with schemes), for the words "enforcing authority" there shall be substituted the words "local enforcing authority".

(3) Subsection (4) (separate schemes for different descriptions of enforcing authority) shall cease to have effect.

(4) In subsection (7) (meaning of "relevant expenditure attributable to authorisations")--

(a) for the words "enforcing authorities" there shall be substituted the words "local enforcing authorities"; and

(b) the words from "together with the expenditure incurred by the National Rivers Authority" onwards shall be omitted.

(5) In subsection (8) (power to revoke authorisation for non-payment of charge), for the words "enforcing authority" there shall be substituted the words "local enforcing authority".

(6) Subsection (9) (payments by the Secretary of State to the National Rivers Authority) shall cease to have effect.

(7) For subsections (10) and (11) (special provision as respects Scotland) there shall be substituted--

" (10) The foregoing provisions of this section shall not apply to Scotland. "

51 (1) Section 10 of that Act (variation of authorisations by enforcing authority) shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (3) (which provides for the variation specified in a variation notice to take effect on the date so specified unless the notice is withdrawn) after the words "unless the notice is withdrawn" there shall be inserted the words "or is varied under subsection (3A) below".

(3) After that subsection there shall be inserted--

" (3A) An enforcing authority which has served a variation notice may vary that notice by serving on the holder of the authorisation in question a further notice--

(a) specifying the variations which the enforcing authority has decided to make to the variation notice; and

(b) specifying the date or dates on which the variations specified in the variation notice, as varied by the further notice, are to take effect;

and any reference in this Part to a variation notice, or to a variation notice served under subsection (2) above, includes a reference to such a notice as varied by a further notice served under this subsection. "

(4) In subsection (4) of that section, for paragraph (b) (requirement to pay the fee prescribed under section 8 of that Act) there shall be substituted--

" (b) require the holder to pay, within such period as may be specified in the notice,--

(i) in a case where the enforcing authority is the Environment Agency or SEPA, the charge (if any) prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; or

(ii) in any other case, the fee (if any) prescribed by a scheme under section 8 above. "

(5) In subsection (8) of that section, in the definition of "vary", after the word ""vary"" there shall be inserted "(a)" and after the words "any of them;" there shall be added the words " and

(b) in relation to a variation notice, means adding to, or varying or rescinding the notice or any of its contents; " .

52 In section 11 of that Act (application by holders of authorisations for variation of conditions etc) for subsection (9) (fees) there shall be substituted--

" (9) Any application to the enforcing authority under this section shall be accompanied--

(a) in a case where the enforcing authority is the Environment Agency or SEPA, by the charge (if any) prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; or

(b) in any other case, by the fee (if any) prescribed by a scheme under section 8 above. "

53 At the end of section 13 of that Act (enforcement notices) there shall be added--

" (4) The enforcing authority may, as respects any enforcement notice it has issued to any person, by notice in writing served on that person, withdraw the notice. "

54 (1) Section 15 of that Act (appeals against certain authorisations and notices) shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (2) (appeals against variation notices, enforcement notices or prohibition notices to the Secretary of State) after the words "to the Secretary of State" there shall be added the words "(except where the notice implements a direction of his)."

(3) For subsection (3) (reference of matters involved in appeals under that section to, and determination of such appeals by, persons appointed by the Secretary of State) there shall be substituted--

" (3) This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc). "

(4) For subsection (5) (hearings) there shall be substituted--

" (5) Before determining an appeal under this section, the Secretary of State may, if he thinks fit--

(a) cause the appeal to take 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); or

(b) cause a local inquiry to be held;

and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by either party to the appeal to be heard with respect to the appeal. "

(5) In subsection (10) (regulations about appeals) after paragraph (b) there shall be added-- " and any such regulations may make different provision for different cases or different circumstances. "

55 Sections 16 to 18 of that Act (appointment of inspectors, powers of inspectors and others and power to deal with cause of imminent danger of serious harm) shall cease to have effect.

56 In section 19 of that Act (obtaining of information from persons and authorities) in subsection (2) (power of specified authorities by notice in writing to require provision of information)--

(a) for paragraphs (c) and (d) (the chief inspector and river purification authorities) there shall be substituted--

" (c) the Environment Agency, and

(d) SEPA, " ; and

(b) after the words "service of the notice" there shall be inserted the words ", or at such time,".

57 (1) Section 20 of that Act (public registers of information) shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (2) (local registers also to contain prescribed particulars of relevance to the area which are contained in central registers) after the word "authority", where it first occurs, there shall be inserted the words "in England and Wales" and for the words "the chief inspector or river purification authority", in each place where they occur, there shall be substituted the words "the Environment Agency".

(3) Subsection (3) (registers in Scotland) shall cease to have effect.

(4) In subsection (4) (port health authorities) after the word "authority" where it first occurs there shall be inserted the words "in England and Wales" and for the words "the chief inspector" there shall be substituted the words "the Environment Agency".

(5) In subsection (7) (registers to be available for inspection by, and facilities for obtaining copies of entries to be afforded to, the public) after paragraph (b) there shall be added the words-- " and, for the purposes of this subsection, places may be prescribed by the Secretary of State at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question. "

(6) Subsection (9) (duty to furnish the National Rivers Authority with information for purposes of its register) shall cease to have effect.

58 (1) Section 22 of that Act (exclusion from registers of certain confidential information) shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (5) (information not to be entered on the register until expiration of certain time limits)--

(a) in paragraph (a), for the words "on the register" there shall be substituted the words "in the register"; and

(b) in the words following paragraph (b), for the words from "on the register" onwards there shall be substituted the words "in the register until the end of the period of seven days following the day on which the appeal is finally determined or withdrawn".

(3) For subsection (6) (which applies subsections (3), (5) and (10) of section 15 in relation to appeals to the Secretary of State against decisions that information is not commercially confidential) there shall be substituted--

" (6) Subsections (5) and (10) of section 15 above shall apply in relation to an appeal under subsection (5) above as they apply in relation to an appeal under that section, but--

(a) subsection (5) of that section shall have effect for the purposes of this subsection with the substitution for the words from "(which may" onwards of the words "(which must be held in private)"; and

(b) subsection (5) above is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc). "

59 (1) Section 23 of that Act (offences) shall be amended in accordance with the following provisions of this paragraph.

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