Environment Act 1995 (c. 25)

(The document as of February, 2008)

-- Back --

Page 31

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 | P.29 | P.30 | P.31

(7) There shall be inserted at the appropriate place--

" "SEPA" means the Scottish Environment Protection Agency; " .

228 In section 48 of that Act (index of defined expressions) in the Table--

(a) the following entries shall be inserted at the appropriate place--

" the appropriate Agency

section 47(1) " ;

" SEPA

section 47(1) " ;

(b) the entry relating to the chief inspector shall be omitted.

229 Schedule 2 to that Act (exercise of rights of entry and inspection) shall cease to have effect.

230 (1) In Schedule 3 to that Act (enactments, other than local enactments, to which s.40 applies) in paragraph 9 (which specifies certain provisions in the [1991 c. 57.] Water Resources Act 1991) for the words "203 and 213" there shall be substituted the words "and 203".

(2) For paragraph 16 of that Schedule there shall be substituted--

" 16 Sections 30A, 30B, 30D, 30F, 30G, 30H(1), 31(4), (5), (8) and (9), 31A, 34 to 42B, 46 to 46D and 56(1) to (3) of the [1974 c. 40.] Control of Pollution Act 1974. "

The Local Government (Wales) Act 1994

231 In Schedule 9 to the Local Government (Wales) Act 1994 (which makes provision for the transfer to the new principal councils in Wales of functions in relation to public health and related matters), in paragraph 17(2) (which amends the definitions of waste regulation and disposal authorities for the [1990 c. 43.] purposes of Part II of the [1994 c. 19.] Environmental Protection Act 1990) for the words "each of subsections (1)(f) and (2)(f)" there shall be substituted the words "subsection (2)(f)".

The [1994 c. 39.] Local Government etc. (Scotland) Act 1994

232 (1) In section 2(2) of the Local Government etc. (Scotland) Act 1994 (constitution of councils) after the words "this Act" there shall be inserted the words "and of the Environment Act 1995".

(2) In Schedule 13 to that Act (minor and consequential amendments) in paragraph 75(27) (which amends certain provisions of the [1968 c. 47.] Sewerage (Scotland) Act 1968) for the words from the beginning to "premises)" there shall be substituted the words "In section 53 (notices to be in writing)".

Subordinate legislation and local statutory provisions

233 (1) In any subordinate legislation or local statutory provisions, for any reference (however framed) to the National Rivers Authority, and for any reference which falls to be construed as such a reference, there shall be substituted a reference to the Agency.

(2) In any subordinate legislation, for any reference (however framed) to a relevant inspector, and for any reference which falls to be construed as such a reference, there shall be substituted a reference to the appropriate Agency.

(3) The provisions of this paragraph are subject to the other provisions of this Act and to any provision made under or by virtue of this Act.

(4) In this paragraph--

"the appropriate Agency" means--
(a)
in relation to England and Wales, the Agency;
(b)
in relation to Scotland, SEPA;
"local statutory provision" means--
(a)
a provision of a local Act (including an Act confirming a provisional order);
(b)
a provision of so much of any public general Act as has effect with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition;
(c)
a provision of an instrument made under any provision falling within paragraph (a) or (b) above;
(d)
a provision of any other instrument which is in the nature of a local enactment;
"relevant inspector" means--
(i)
the chief inspector for England and Wales constituted under section 16(3) of the Environmental Protection Act 1990;
(ii)
the chief inspector for Scotland constituted under section 16(3) of that Act;
(iii)
the chief inspector for England and Wales appointed under section 4(2)(a) of the [1993 c. 12.] Radioactive Substances Act 1993;
(iv)
the chief inspector for Scotland appointed under section 4(2)(b) of that Act;
(v)
the chief, or any other, inspector, within the meaning of the [1906 c. 14.] Alkali, &c, Works Regulation Act 1906;
(vi)
an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 by the Secretary of State in his capacity as the enforcing authority responsible for the enforcement of the Alkali, [1906 c. 14.] &c, Works Regulation Act 1906 or section 5 of the [1974 c. 37.] said Act of 1974;
"subordinate legislation" has the same meaning as in the [1978 c. 30.] Interpretation Act 1978.

Section 120.

SCHEDULE 23 Transitional and transitory provisions and savings

Part I General transitional provisions and savings

Interpretation of Part I

1 In this Part of this Schedule, the "transfer date" has the same meaning as in Part I of this Act.

Directions

2 Any directions given to the National Rivers Authority for the purposes of section 19 of the [1991 c. 57.] Water Resources Act 1991 shall have effect on and after the transfer date as directions given to the Agency for the purposes of section 6(2) of this Act.

Regional and local fisheries advisory committees

3 If and so long as the Agency requires, on and after the transfer date any advisory committee established and maintained before the transfer date by the National Rivers Authority under section 8(1) of the Water Resources Act 1991 shall be treated as if--

(a) it had been established by the Agency,

(b) the area by reference to which that committee was established had been determined by the Agency, and

in accordance with section 13 of this Act.

Charging schemes

4 (1) Without prejudice to section 55 of this Act, any charging scheme--

(a) which relates to any transferred functions,

(b) which was made before the transfer date, and

(c) which is in force immediately before that date or would (apart from this Act) have come into force at any time after that date,

shall, subject to the provisions of section 41 of this Act, have effect on and after the transfer date, with any necessary modifications, and for the remainder of the period for which the charging scheme would have been in force apart from any repeal made by this Act, as a scheme made under that section by the transferee in accordance with section 42 of this Act.

(2) Any costs or expenses incurred before the transfer date by any person in carrying out functions transferred to a new Agency by or under this Act may be treated for the purposes of subsections (3) and (4) of section 42 of this Act as costs or expenses incurred by that new Agency in carrying out those functions.

(3) In this paragraph--

"charging scheme" means a scheme specifying, or providing for the determination of, any fees or charges;
"new Agency" means the Agency or SEPA;
"transferred functions" means any functions which, by virtue of any provision made by or under this Act, become functions of a new Agency and "the transferee" means the new Agency whose functions they so become.

Preparation of reports

5 (1) The first report prepared by the Agency under section 52 of this Act may, to the extent that it relates to functions transferred to the Agency from any other body or person include a report on the exercise and performance of those functions by the transferor during the period between the end of the last year in respect of which the transferor prepared a report and the transfer date.

(2) SEPA shall, as soon as reasonably practicable after the transfer date, prepare a report on--

(a) the exercise and performance of the functions of each river purification board during the period between the end of the last year in respect of which the board sent a report to the Secretary of State under section 16 of the [1951 c. 66.] Rivers (Prevention of Pollution) (Scotland) Act 1951 and the transfer date; and

(b) the exercise and performance of the functions of each waste regulation authority during the period between the end of the last financial year in respect of which the authority prepared and published a report under section 67 of the [1990 c. 43.] Environmental Protection Act 1990 and the transfer date.

(3) Subsections (3) and (4) of section 52 of this Act shall apply to a report prepared under sub-paragraph (2) above as they apply to a report prepared under that section.

Preparation of accounts

6 Notwithstanding the repeal by this Act of subsection (9) of section 135 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (application to river purification board of certain provisions of that Act), the provisions applied to a river purification board by virtue of that section shall, as respects the period between the end of the last financial year in respect of which accounts have been made up by the board and the transfer date, continue to apply in relation to the board; but anything which shall or may be done or enjoyed, or any access, inspection or copying which shall or may be allowed, under or by virtue of any of those provisions or of section 118 of that Act (financial returns) by, or by an officer of, the board shall, or as the case may be may, after the transfer date, be done, enjoyed or allowed by, or by an officer of, SEPA in place of the board or of an officer of the board.

Membership of Welsh National Park authorities

7 (1) Where a body corporate constituted as a Welsh National Park planning board becomes, or has become, the National Park authority in relation to the National Park in question by virtue of an order under section 63 of this Act made by virtue of section 64(1) of this Act, paragraph 2 of Schedule 7 to this Act shall, in its application in relation to that National Park authority at any time before 31st March 1997, have effect with the following modifications.

(2) In sub-paragraph (5)--

(a) in paragraph (a), after the word "council" there shall be inserted the words "or, if earlier, until the council which appointed him as a local authority member of that authority is excluded from the councils by whom such members of that authority are to be appointed"; and

(b) in paragraph (b), after the word "cessation" there shall be inserted the words "or exclusion".

(3) In sub-paragraph (6), after the words "Sub-paragraph (5)(a) above" there shall be inserted the words ", so far as relating to cessation of membership of a council,".

(4) In this paragraph, "Welsh National Park planning board" means a National Park planning board, as defined in section 64 of this Act, for the area of a National Park in Wales.

The Alkali, &c., Works Regulation Act 1906

8 Any dispensation which was granted under the proviso to subsection (5) of section 9 of the [1906 c. 14.] Alkali, &c, Works Regulation Act 1906 before the transfer date and which would, apart from this Act, have been in force on that date shall have effect on and after that date notwithstanding the repeal of that proviso by this Act.

The Public Records Act 1958

9 (1) Such of the administrative and departmental records (in whatever form or medium) of a transferor as are transferred to and vested in the Agency by or under section 3 of this Act shall be treated for the purposes of the [1958 c. 51.] Public Records Act 1958 as administrative or departmental records of the Agency.

(2) In this paragraph, "transferor" means any body or person any or all of whose administrative and departmental records are transferred to and vested in the Agency by or under section 3 of this Act.

The Parliamentary Commissioner Act 1967

10 (1) Nothing in this Act shall prevent the completion on or after the transfer date of any investigation begun before that date under the [1967 c. 13.] Parliamentary Commissioner Act 1967 in pursuance of a complaint made in relation to the National Rivers Authority.

(2) Nothing in this Act shall prevent the making on or after the transfer date of a complaint under that Act in respect of any action which was taken by or on behalf of the National Rivers Authority before that date.

(3) Notwithstanding the amendment of that Act by paragraph 11 of Schedule 22 to this Act, the provisions of that Act shall have effect on and after the transfer date in relation to any complaint to which sub-paragraph (1) or (2) above applies and to its investigation as they would have had effect before that date; but, in relation to any such complaint, the Agency shall on and after that date stand in the place of the National Rivers Authority for the purposes of this paragraph.

The Local Government Act 1974

11 (1) Where for any year, a Rate Support Grant Report under section 60 of the [1980 c. 65.] Local Government, Planning and Land Act 1980, or a supplementary report under section 61 of that Act, has effect to determine the amount of supplementary grants to be paid under section 7 of the [1974 c. 40.] Local Government Act 1974 to the council of a county or county borough in Wales, and at any time--

(a) after that report or, as the case may be, that supplementary report is approved by a resolution of the House of Commons, but

(b) not later than the end of that year,

a body corporate constituted as a National Park planning board for a National Park the whole or any part of which is included in that county or county borough becomes the National Park authority for that National Park by virtue of section 64 of this Act, those supplementary grants shall, subject to the provisions of any, or any further, such supplementary report, continue to be paid for that year notwithstanding that that body corporate has ceased to be a National Park planning board.

(2) In this paragraph--

"National Park planning board" has the meaning given by section 64(9) of this Act; and
"year" means a period of 12 months beginning with 1st April.

12 (1) Nothing in this Act shall prevent the completion on or after the transfer date by a Local Commissioner of any investigation which he began to conduct before that date and which is an investigation under Part III of the [1974 c. 7.] Local Government Act 1974 in pursuance of a complaint made in relation to the National Rivers Authority.

(2) Nothing in this Act shall prevent the making on or after the transfer date of a complaint under Part III of that Act in respect of any action which was taken by or on behalf of the National Rivers Authority before that date.

(3) Notwithstanding the amendment of Part III of that Act by paragraph 18 of Schedule 22 to this Act, the provisions of that Part shall have effect on and after the transfer date in relation to any complaint to which sub-paragraph (1) or (2) above applies and to its investigation as they would have had effect before that date; but, in relation to any such complaint, the Agency shall on and after that date stand in the place of the National Rivers Authority for the purposes of this paragraph.

The Control of Pollution Act 1974

13 As respects England and Wales, any resolution passed in pursuance of section 11 of the Control of Pollution Act 1974 (special provision for land occupied by disposal authorities: resolutions etc) which is in force immediately before the day on which the repeals in that section made by this Act come into force shall have effect on and after that day as if it were a waste management licence granted by the [1990 c. 43.] Environment Agency under Part II of the [1974 c. 40.] Environmental Protection Act 1990 subject to the conditions specified in the resolution pursuant to subsection (3)(e) of that section.

The Salmon and Freshwater Fisheries Act 1975

14 (1) Any approval or certificate given under or by virtue of section 8(2), 9(1) or 11(4) of the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 by a Minister of the Crown before the transfer date shall, so far as is required for continuing its effect on and after that date, have effect as if given by the Agency.

(2) Any application for the grant of an approval or certificate by a Minister of the Crown under or by virtue of any of the provisions specified in sub-paragraph (1) above which, at the transfer date, is in the process of being determined shall on and after that date be treated as having been made to the Agency.

(3) Any notice given by a Minister of the Crown under section 11(2) of that Act before the transfer date shall, so far as is required for continuing its effect on and after that date, have effect as if given by the Agency.

(4) Any extension of a period granted by a Minister of the Crown under section 11(3) of that Act before the transfer date shall, so far as is required for continuing its effect on and after that date, have effect as if granted by the Agency.

(5) Without prejudice to section 16 or 17 of the [1978 c. 30.] 14Interpretation Act 1978, any exemption granted under subsection (1) or (2) of section of the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 which is in force immediately before the substitution date shall have effect on and after that date as an exemption granted by the Agency under subsection (2) or, as the case may be, subsection (3) of section 14 of that Act as substituted by paragraph 13 of Schedule 15 to this Act.

(6) Any grating constructed and placed in a manner and position approved under section 14(3) of that Act as it had effect before the substitution date (including a grating so constructed and placed at any time as a replacement for a grating so constructed and placed) shall, if--

(a) the approval was in force immediately before the substitution date, and

(b) the grating is maintained in accordance with the approval,

be taken for the purposes of section 14 of that Act, as substituted by paragraph 13 of Schedule 15 to this Act, to be a screen which complies with the requirements of subsection (2)(a) or (3)(a) of that section, according to the location of the grating, and with the requirements of subsections (4) to (6) of that section.

(7) Any notice given, or objection made, under subsection (2) of section 18 of that Act before the transfer date shall, so far as is required for continuing its effect on and after that date, have effect as a notice given under that subsection as it has effect on and after that date.

(8) In this paragraph--

"approval" includes a provisional approval;
"grating" means a device in respect of which there is in force, immediately before the substitution date, an approval given for the purposes of the definition of "grating" in section 41(1) of the Salmon and Freshwater Fisheries Act 1975 as it had effect before that date;
"the substitution date" means the date on which paragraph 13 of Schedule 15 to this Act comes into force;
"the transfer date" means the date which, by virtue of section 56(1) of this Act, is the transfer date for the purposes of Part I of this Act as it applies in relation to the Agency.

The Local Government Finance Act 1988

15 (1) Without prejudice to the generality of subsection (4) of section 64 of this Act, where an order has been made under section 63 of this Act by virtue of section 64(1) of this Act designating a date in relation to a Welsh National Park planning board, the body corporate constituted as that board may at any time before the designated date issue a levy by virtue of section 71 of this Act for a year at or before the beginning of which that body becomes the National Park authority for the National Park in question by virtue of section 64 of this Act as if it were the National Park authority for that National Park, notwithstanding that it has not in fact become a National Park authority at the date when it issues the levy.

(2) Without prejudice to the generality of section 74 of the [1988 c. 41.] Local Government Finance Act 1988, where--

(a) an order is made under section 63 of this Act by virtue of section 64(1) of this Act designating a date in relation to a Welsh National Park planning board; and

(b) the designated date is a date falling after the beginning, but before the end, of a year in respect of which, at the time the order is made, that board has not issued any levy under that section 74,

that board may nonetheless issue such a levy in respect of that year as if the body corporate constituted as that board was not in fact going to become the National Park authority for the National Park in question by virtue of that order before the end of that year.

(3) Sub-paragraph (5) below applies in a case where a levy is issued in respect of any year by a Welsh National Park planning board under section 74 of the [1988 c. 41.] Local Government Finance Act 1988 and--

(a) that levy is issued by that board at a time when no order has been made under section 63 of this Act by virtue of section 64(1) of this Act designating a date in relation to that board; and

(b) after the levy is issued, but no later than the end of the year in respect of which it is issued, such an order is so made designating in relation to that board a date falling not later than the end of that year.

(4) Sub-paragraph (5) below also applies in a case where a levy is issued in respect of any year by a Welsh National Park planning board under section 74 of the Local Government Finance Act 1988 and--

(a) that levy is issued by that board at a time after an order has been made under section 63 of this Act by virtue of section 64(1) of this Act designating a date in relation to that board; and

(b) the designated date is a date falling after the beginning, but before the end, of that year.

(5) In a case where this sub-paragraph applies, the levy in question or any levy substituted for that levy--

(a) shall have effect or, as the case may be, continue to have effect; and

(b) in particular, but without prejudice to the generality of paragraph (a) above, shall be paid or, as the case may be, continue to be paid,

as if the body corporate constituted as that board was not to, or had not, so become the National Park authority for the National Park in question (but was to continue, or had continued, to be the National Park planning board for that Park for the whole of that year).

(6) Where a body corporate constituted as a Welsh National Park planning board has or is to become the National Park authority for the National Park in question by virtue of an order made under section 63 of this Act by virtue of section 64(1) of this Act, nothing in this paragraph authorises that body corporate to issue for any year both a levy under section 74 of the Local Government Finance Act 1988 and a levy by virtue of section 71 of this Act.

(7) In this paragraph--

"the designated date" has the same meaning as in section 64 of this Act;
"National Park planning board" has the meaning given by section 64(9) of this Act;
"Welsh National Park planning board" means a National Park planning board for the area of a National Park in Wales;
"year" means a period of 12 months beginning with 1st April;

and any reference to the issue of a levy under section 74 of the Local Government Finance Act 1988 by a Welsh National Park planning board is a reference to the issue of a levy under that section by such a board by virtue of subsection (7) of that section.

The Environmental Protection Act 1990

16 (1) Subject to sub-paragraph (2) below, if, at the transfer date, the content of the strategy required by section 44A of the [1990 c. 43.] Evironmental Protection Act 1990 has not been finally determined, any plan or modification under section 50 of that Act, in its application to England and Wales, whose content has been finally determined before that date shall continue in force until the contents of the strategy are finally determined, notwithstanding the repeal by this Act of that section.

(2) If the strategy required by section 44A of that Act consists, or is to consist, of more than one statement, sub-paragraph (1) above shall apply as if--

(a) references to the strategy were references to any such statement; and

(b) references to a plan or modification under section 50 of that Act were references to such plans or modifications as relate to the area covered, or to be covered, by that statement.

17 If, at the transfer date, the content of the strategy required by section 44B of that Act has not been finally determined, any plan or modification under section 50 of that Act, in its application to Scotland, whose content has been finally determined before that date shall continue in force until the contents of the strategy are finally determined, notwithstanding the repeal by this Act of that section.

18 (1) This paragraph applies to--

(a) any resolution of a waste regulation authority under section 54 of that Act (special provision for land occupied by disposal authorities in Scotland);

(b) any resolution of a waste disposal authority having effect by virtue of subsection (16) of that section as if it were a resolution of a waste regulation authority under that section,

which is in force on the transfer date.

(2) A resolution to which this paragraph applies shall continue in force--

(a) where no application is made under section 36(1) of that Act for a waste management licence in respect of the site or mobile plant covered by the resolution, until the end of the period of 6 months commencing with the transfer date;

(b) where an application as mentioned in sub-paragraph (a) above is made, until--

(i) the application is withdrawn;

(ii) the application is rejected and no appeal against the rejection is timeously lodged under section 43 of that Act;

(iii) any appeal against a rejection of the application is withdrawn or rejected; or

(iv) the application is granted.

(3) In relation to a resolution continued in force by sub-paragraph (2) above, the said section 54 shall have effect subject to the amendments set out in the following provisions of this paragraph.

(4) In subsection (2), for paragraph (b) there shall be substituted--

" (b) specified in a resolution passed by a waste regulation authority, or by a waste disposal authority under Part I of the [1974 c. 40.] Control of Pollution Act 1974, before the transfer date within the meaning of section 56(1) of the Environment Act 1995 " .

(5) In subsection (3) for paragraph (b) there shall be substituted--

" (b) by another person, that it is on land which is the subject of a resolution, that it is with the consent of the waste disposal authority and that any conditions to which such consent is subject are within the terms of the resolution. "

(6) Subsections (4) to (7) shall cease to have effect.

(7) For subsections (8) and (9) there shall be substituted--

" (8) Subject to subsection (9) below, a resolution continued in force by paragraph 18 of Schedule 23 to the Environment Act 1995 may be varied or rescinded by SEPA by a resolution passed by it.

(9) Before passing a resolution under subsection (8) above varying a resolution, SEPA shall--

(a) prepare a statement of the variation which it proposes to make;

(b) refer that statement to the Health and Safety Executive and to the waste disposal authority in whose area the site is situated or, as the case may be, which is operating the plant; and

(c) consider any representations about the variation which the Health and Safety Executive or the waste disposal authority makes to it during the allowed period.

(9A) The period allowed to the Health and Safety Executive and the waste disposal authority for the making of representations under subsection (9)(c) above is the period of 28 days beginning with that on which the statement is received by that body, or such longer period as SEPA and that body agree in writing.

(9B) SEPA may--

(a) postpone the reference under subsection (9)(b) above so far as it considers that by reason of an emergency it is appropriate to do so;

(b) disregard the Health and Safety Executive in relation to a resolution which in SEPA's opinion will not affect the Health and Safety Executive. "

(8) In subsection (10)--

(a) for the words "the authority which passed the resolution" and "the waste regulation authority" there shall be substituted the words "SEPA";

(b) the words "the waste disposal authority to discontinue the activities and of" shall cease to have effect.

(9) Subsections (11) to (15) shall cease to have effect.

The Water Industry Act 1991

19 (1) Where, before the coming into force of the repeal by this Act of section 151 of the [1991 c. 56.] Water Industry Act 1991 (financial contributions to rural services), the Secretary of State has received an application from a relevant undertaker for a contribution under that section, he may, notwithstanding the coming into force of that repeal--

(a) give any such undertaking for any contribution sought by that application as he could have given under that section prior to the coming into force of that repeal;

(b) make any payments provided for in an undertaking given by virtue of this sub-paragraph.

(2) Notwithstanding the coming into force of the repeal by this Act of that section--

(a) the Secretary of State may make any payments provided for in an undertaking given by him under that section prior to the coming into force of that repeal;

(b) subsection (4) of that section (withholding and reduction of contributions) shall--

(i) continue to have effect in relation to contributions which the Secretary of State, before that repeal of that section, gave an undertaking under that section to make; and

(ii) have effect in relation to contributions which the Secretary of State has, by virtue of sub-paragraph (1) above, undertaken to make.

The Water Resources Act 1991

20 Notwithstanding any provision restricting the power of the Agency to grant a licence under Chapter II of Part II of the [1991 c. 57.] Water Resources Act 1991 (abstracting or impounding of water), or the power of the Secretary of State to direct the Agency to grant such a licence, the Agency may grant, and the Secretary of State may direct it to grant, such licences as are necessary to ensure that water may continue to be abstracted or impounded by or on behalf of the Crown in the manner in which, and to the extent to which,--

(a) it may be so abstracted or impounded immediately before the coming into force of sub-paragraph (4) of paragraph 2 of Schedule 21 to this Act in relation to that Chapter, or

(b) it has been so abstracted or impounded at any time in the period of five years immediately preceding the coming into force of that sub-paragraph in relation to that Chapter.

21 (1) This paragraph applies to any consent--

(a) which was given under paragraph 2 of Schedule 10 to the [1991 c. 57.] Water Resources Act 1991 (discharge consents), as in force before the transfer date; and

(b) which is in force immediately before that date.

(2) On and after the transfer date, a consent to which this paragraph applies--

(a) shall, for so long as it would have continued in force apart from this Act, have effect as a consent given under paragraph 3 of Schedule 10 to that Act, as substituted by this Act, subject to the same conditions as were attached to the consent immediately before the transfer date; and

(b) shall--

(i) during the period of six months beginning with the transfer date, not be limited to discharges by any particular person but extend to discharges made by any person; and

(ii) after that period, extend, but be limited, to discharges made by any person who before the end of that period gives notice to the Agency that he proposes to rely on the consent after that period.

Part II Transitory provisions in respect of flood defence

Disqualification for membership of regional flood defence committee

22 Where a person is disqualified for membership of a regional flood defence committee by virtue of having been adjudged bankrupt before the coming into force of the [1986 c. 45.] Insolvency Act 1986, the rules applicable apart from the repeals made by the Consequential Provisions Act or this Act, rather than paragraph 3(2) of Schedule 5 to this Act, shall apply for determining when that disqualification shall cease.

Savings in relation to local flood defence schemes

23 (1) In any case where--

(a) immediately before the coming into force of section 17 of this Act, any scheme or committee continues, by virtue of paragraph 14 of Schedule 2 to the Consequential Provisions Act, to be treated as a local flood defence scheme or a local flood defence committee, or

(b) immediately before the coming into force of section 18 of this Act, any person continues, by virtue of that paragraph, to hold office,

the scheme or committee shall continue to be so treated or, as the case may be, the person shall continue so to hold office, notwithstanding the provisions of section 18 of, or Schedule 5 to, this Act or the repeal of any enactment by this Act.

(2) Where a person is disqualified for membership of a local flood defence committee by virtue of having been adjudged bankrupt before the coming into force of the [1986 c. 45.] Insolvency Act 1986, the rules applicable apart from the repeals made by the Consequential Provisions Act or this Act, rather than paragraph 3(2) of Schedule 5 to this Act, shall apply for determining when that disqualification shall cease.

Interpretation

24 In this Part of this Schedule, "the Consequential Provisions Act" means the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991.

Section 120.

SCHEDULE 24 Repeals and revocations

17, 18(a), 25, 27(2) and 56(3) and (4).

Reference	Short title or title	Extent of repeal or revocation
60 & 61 Vict. c. 38.	The Public Health (Scotland) Act 1897.	Sections 16 to 26.
		Sections 36 and 37.
6 Edw. 7. c. 14.	The Alkali, &c, Works Regulation Act 1906.	In section 9, the proviso to subsection (5).
		Section 25.
		In section 27(1), the definitions of the expressions "chief inspector" and "inspector".
		In section 28(b), the words "other than offences under subsection four of section twelve of this Act"; in sub-paragraph (ii), the words from "without the consent" to "direct, nor"; and sub-paragraph (iii).
12, 13 & 14 Geo. 6. c. 97.	The National Parks and Access to the Countryside Act 1949.	In section 6(6), the words from "or a local planning authority" to "part of a National Park".
		Section 11.
		In section 11A(6)(b), the words "district council".
		Section 12(2).
		In section 13(1), the words "and within the area of the authority".
		In section 111A(3)(b), the words "for the purposes of sections 64, 65 and 77".
14 & 15 Geo. 6. c. 66.	The Rivers (Prevention of Pollution) (Scotland) Act 1951.	Part II.
		Section 17.
		In section 18, in subsection (1), the words "of their area", "in their area" (where first occurring) and "in their area or any part thereof"; and in subsection (3), the words "in their area" and the words from "whose" to "authority" where next occurring;
		In section 19, in subsection (1), the words "in the area of the authority", subsections (2) to (2B) and, in subsection (4), the words from "any", where first occurring, to "and", where last occurring.
		In section 35, the definitions of "river purification authority", "river purification board" and "river purification board area".
2 & 3 Eliz. 2. c. 70.	The Mines and Quarries Act 1954.	Section 151(5).
8 & 9 Eliz. 2. c. 62.	The Caravan Sites and Control of Development Act 1960.	In section 24(8), the words from "and a joint planning board" to "such a National Park".
1965 c. 13.	The Rivers (Prevention of Pollution) (Scotland) Act 1965.	Section 10(6)(a).
1965 c. 57.	The Nuclear Installations Act 1965.	In section 3(3)(b), the words "the National Rivers Authority,".
1967 c. 13.	The Parliamentary Commissioner Act 1967.	In Schedule 2, the entry relating to the National Rivers Authority and the note 9 inserted by paragraph 11 of Schedule 1 to the Water Act 1989.
1967 c. 22.	The Agriculture Act 1967.	In section 50(3), paragraph (e) and the words from "and "National Parks planning authority" means" onwards.
1968 c. 41.	The Countryside Act 1968.	In section 6(2), paragraph (c) and the word area" and "both within (and in the case of a river purification board) outwith, that area".
		Section 92(2)(c).
1972 c. 52.	The Town and Country Planning (Scotland) Act 1972.	Section 251A.
1972 c. 70.	The Local Government Act 1972.	Section 101(9)(h).
		In section 140A(2), in the definition of "local authority", the words "or reconstituted in pursuance of Schedule 17 to this Act".
		In section 184--
		(a) in subsection (2), the words "and Schedule 17 to this Act";
		(b) in subsection (4), the words "subject to Schedule 17 of this Act"; and
		(c) subsection (6).
		In section 223(2), the words "and the National Rivers Authority".
		In Schedule 16, paragraph 55(2).
1972 c. v.	The Clyde River Purification Act 1972.	The whole Act.
1973 c. 65.	The Local Government (Scotland) Act 1973.	Sections 135 and 135A.
		Section 200.
		In Schedule 16, paragraphs 1 to 5 and 7 to 10.
		In Schedule 27, in Part II, paragraphs 30 to 32, 37 and 38.
1974 c. 7.	The Local Government Act 1974.	Section 7.
1974 c. 37.	The Health and Safety at Work etc. Act 1974.	In section 28, in subsection (3)(c)(ii), so far as extending to England and Wales, the words "of the National Rivers Authority or" and the word "Authority" (where next occurring), subsection (3)(c)(iii) and, in subsection (5)(b), so far as extending to England and Wales, the words "the National Rivers Authority".
1974 c. 40.	The Control of Pollution Act 1974.	In section 5, in subsection (4), the words following paragraph (b), and subsection (5).
		In section 7, in subsections (1) and (4), the words "issued by a disposal authority" and, in subsection (2), the words "or, in relation to Scotland, subsection (5)".
		In section 9(4), the words "issued by the authority".
		In section 11, subsections (1) to (11).
		In section 30(1), the words from "and for the purposes" to the end.
		In section 30A(2)(a), the words "in the area of that authority".
		In section 30C, in subsection (1), the words "within the area of that authority"; and in each of subsections (4) and (6), the words "in the area of a river purification authority".
		In section 31, subsections (1) to (3), in subsection (6), the words "in its area" and subsections (7), and (10).
		Section 31D.
		Section 32.
		In section 33(1), the words "in the area of the authority".
		In section 34(3), the words "in its area".
		Section 40(4).
		In section 41(1), in paragraph (c), the words "(except section 40(4))" and paragraphs (d)(ii) and (e).
		In section 46(1), the words "in its area" where they first occur and "in its area or elsewhere".
		In section 47, in subsection (1), the words "in its area" and in subsection (2), the words "in the authority's area".
		In section 48(1), the words "in its area&q paragraphs (b) and (c), and the definition of "road noise", and in subsection (3) the words from ";but a requirement" to the end of the subsection.
		In section 74, the words "Subject to sections 58A(8) and 59A(9) of this Act".
		In section 87(3), the words from the beginning to "offence; and" and the words "in its application to Scotland".
		Section 91(5)(a).
		In section 96(3), the words from "but as if" to the end.
		In section 104(1), the word "59".
		Section 106(2).
		In Schedule 2, paragraphs 1 to 3.
		In Schedule 3, paragraphs 12 and 13.
S.I. 1974/ 2170.	The Clean Air Enactments (Repeals and Modifications) Regulations 1974.	In Schedule 2, paragraph 1.
1975 c. 24.	The House of Commons Disqualification Act 1975.	In Schedule 1, in Part II, the entry relating to the National Rivers Authority.
1975 c. 25.	The Northern Ireland Assembly Disqualification Act 1975.	In Schedule 1, in Part II, the entry relating to the National Rivers Authority.
1975 c. 30.	The Local Government (Scotland) Act 1975.	In section 16, the words "and river purification boards".
		Section 23(1)(e).
		In Schedule 3, in paragraph 28(1), the words "or a river purification board".
1975 c. 51.	The Salmon and Freshwater Fisheries Act 1975.	In section 5(2), the words following paragraph (b).
		In section 10, in subsections (1) and (2), the words "with the written consent of the Minister" in each place where they occur.
		In section 15, in subsections (1) and (3), the words "with the written consent of the Minister" in each place where they occur.
		In section 30, the paragraph defining "fish farm".
		Section 41(1), the definition of "grating".
1975 c. 70.	The Welsh Development Agency Act 1975.	In section 16(9), in the definition of "local authority", paragraph (b) and the word "or" immediately preceding it.
1976 c. 74.	The Race Relations Act 1976.	In section 19A(2)(a), the words "a special planning board or a National Park Committee".
1980 c. 45.	The Water (Scotland) Act 1980.	In section 33(3)(a), sub-paragraph (ii) and the preceding "and".
		In section 109(1), the definitions of "river purification authority" and "river purification board".
		In Schedule 1, in paragraph 11(ii) the words "and any river purification authority".
1980 c. 65.	The Local Government, Planning and Land Act 1980.	In section 52(1), paragraph (b) and the word "and" immediately preceding it.
		In section 103(2)(c), the word "and" immediately preceding sub-paragraph (ii).
		In Schedule 2, paragraph 9(2) and (3).
1980 c. 66.	The Highways Act 1980.	In section 25(2)(a) the words from "or a joint planning board" to "National Park".
		In section 27(6), the words from "or any such joint planning board" onwards.
		In section 29, the words "and joint planning boards".
		In section 72(2), the words "or joint planning board".<	In section 52(2), paragraph (a) and, in paragraph (b), the words "in any other provision".
		Section 72(10).
1982 c. 30.	The Local Government (Miscellaneous Provisions) Act 1982.	In section 33(9), in paragraph (a), the words from "or reconstituted" to "1972" and, in paragraph (b), the words "or reconstituted".
		In section 41(13), in paragraph (b) of the definition of "local authority" the words from "or reconstituted" to "1972".
		In section 45(2)(b), the words from "or reconstituted" to "1972".
1982 c. 42.	The Derelict Land Act 1982.	In section 1(11), in the definition of "local authority", paragraph (b) and the word "or" immediately preceding it.
1982 c. 48.	The Criminal Justice Act 1982.	In Schedule 15, paragraphs 6 and 7.
1983 c. 35.	The Litter Act 1983.	In section 4(1)--
		(a) paragraph (b) and the word "and" immediately preceding it; and
		(b) the words "the National Park Committee (if any)" in each place where they occur.
		In section 6(8), the words "or a Park board".
		In section 10, paragraph (h) of the definition of "litter authority" and the definitions of "National Park Committee" and "Park board".
1984 c. 54.	The Roads (Scotland) Act 1984.	In Schedule 9, paragraph 17(3).
1985 c. 51.	The Local Government Act 1985.	In Schedule 3--
		(a) paragraph 4;
		(b) in paragraph 5, sub-paragraphs (2) to (8);
		(c) paragraph 6; and
		(d) in paragraph 7, sub-paragraph (3) and in sub-paragraph (4), the words "42" and "44".
1985 c. 68.	The Housing Act 1985.	In section 573, in subsection (1), the entries relating to the Peak Park Joint Planning Board and the Lake District Special Planning Board and, in subsection (1A), paragraph (b) and the word "or" immediately preceding it.
S.I. 1987/180.	The Control of Industrial Air Pollution (Transfer of Powers of Enforcement) Regulations 1987.	Regulations 2 and 4.
1988 c. 4.	The Norfolk and Suffolk Broads Act 1988.	In Schedule 6, paragraphs 2 and 13.
1988 c. 9.	The Local Government Act 1988.	In Schedule 2, the entries relating to the Lake District Special Planning Board, the Peak Park Joint Planning Board and a special planning board constituted under paragraph 3A of Schedule 17 to the Local Government Act 1972.
1988 c. 41.	The Local Government Finance Act 1988.	In section 74(7), paragraph (b) and the word "and" immediately preceding it.
1989 c. 14.	The Control of Pollution (Amendment) Act 1989.	Section 2(3)(e).
		Section 7(2) and (8).
		Section 11(3).
1989 c. 15.	The Water Act 1989.	In Schedule 1, paragraphs 11, 12 and 13.
		In Schedule 17, paragraphs 3(2) and (3), 5(2), 7(9)(d) and 9(1).
		In Schedule 25, paragraphs 43(1) and paragraph 48(3) and (4).
1989 c. 29.	The Electricity Act 1989.	In Schedule 8, paragraph 2(6)(a)(i).
1989 c. 42.	The Local Government and Housing Act 1989.	Section 5(4)(c).
		Section 13(4)(d).
		In section 2	In section 4A(1), the words "instead of section 4(1) to (4)".
		Section 105.
		In section 244(1), the words from "or a board" to "1972".
		In Schedule 1--
		(a) in paragraph 4(2), the words "or county planning authority" and the words "or, as the case may be, which is";
		(b) in paragraph 6, the words from "(including" to "National Park";
		(c) in paragraph 13(1), paragraph (d) and the word "or" immediately preceding it;
		(d) in paragraph 19, sub-paragraph (2); and
		(e) in paragraph 20(4), paragraph (a) and, in paragraph (b), the word "other".
1990 c. 9.	The Planning (Listed Buildings and Conservation Areas) Act 1990.	In section 66(3), the words from "and a board" onwards.
		In Schedule 4--
		(a) in paragraph 2, the word "4";
		(b) in paragraph 3, the words "or county planning authority" and the words "or, as the case may be, which is"; and
		(c) in paragraph 4(1), the words "4(3) and (4)".
1990 c. 10.	The Planning (Hazardous Substances) Act 1990.	In section 3--
		(a) in subsection (1), paragraph (a) and the words after paragraph (c);
		(b) subsection (2); and
		(c) in subsections (3) to (5A), the words "or (2)", wherever occurring.
1990 c. 11.	The Planning (Consequential Provisions) Act 1990.	In Schedule 2--
		(a) paragraph 20;
		(b) paragraph 28(6); and
		(c) in paragraph 45, sub-paragraph (2) and in sub-paragraph (7), the words "118(7)".
1990 c. 43.	The Environmental Protection Act 1990.	In section 4, in subsection (8), the words "or, as the case may be, in the Edinburgh Gazette", in each place where they occur, and, in subsection (11), the words "and Wales" in paragraph (b) and paragraph (c) and the word "and" immediately preceding it.
		Section 5.
		In section 7(9), the words from "and, in relation to Scotland," to the end.
		In section 8, subsection (4) and, in subsection (7) the words from "together with" onwards and subsection (9).
		Sections 16 to 18.
		Section 20(3) and (9).
		In section 23, in subsection (1), paragraphs (d) to (f) and (k), and subsections (4) and (5).
		In section 28, in subsection (1), the words from "but" onwards and subsections (3) and (4).
		In section 30, in subsection (4), the words "or regulation authorities" and the words from "establishing authorities" onwards and subsections (6) to (8).
		Section 31.
		In section 33(1), the words "and, in relation to Scotland, section 54 below,".
		In section 36, subsections (5) and (6), in subsection (11), in the definition of "National Park authority", the words "subject to subsection (12) below" and subsection (12).
		In section 37(5), the words "(5), (6)," and "(8)".
		In section 39, in subsection (7), the wor	Section 75(3).
		In the heading immediately preceding section 79, the words ": England and Wales".
		In section 79, in subsection (7), in the definition of "local authority", the word "and" following paragraph (b).
		Section 83. In section 88, in subsection (9), paragraphs (c) and (d), and, in subsection (10), in the definition of "authorised officer", the words from "or in the case" to "on behalf of" and the definitions of "National Park Committee" and "Park board".
		In section 141, in subsection (5)(a), sub-paragraph (ii) and the word "and" immediately preceding it.
		Section 143.
		In Schedule 2, in paragraph 17(2), the words "a waste regulation authority or".
		In Schedule 8--
		(a) paragraph 1(13);
		(b) paragraph 3; and
		(c) in paragraph 4, the words from the beginning to "in Wales)" and".
		In Schedule 15, paragraphs 5(4) and 16 and, in paragraph 31, in sub-paragraph (2), the word "(6)," where secondly occurring, the word "(2)", where thirdly occurring, and sub-paragraphs (4)(c) and (5)(c).
1991 c. 28.	The Natural Heritage (Scotland) Act 1991.	In section 15(3) the words "and a river purification authority of whom such a requirement is made shall make such an application".
		In Schedule 2, paragraph 10(3).
		In Schedule 5, in paragraph 2 the words "in their area and".
		In Schedule 6, paragraph 1(5).
		In Schedule 8, in sub-paragraph (3) of paragraph 1, in the second column of the Table, in the fourth entry, the words ", river purification authority".
		In Schedule 10, paragraphs 1, 6, 7(2) and 9(3)(b) and (6)
1991 c. 34.	The Planning and Compensation Act 1991.	In Schedule 4, paragraph 39.
1991 c. 56.	The Water Industry Act 1991.	In section 4(6), the definition of "National Park authority" and the word "and" immediately preceding it.
		Section 132(7).
		Section 151.
		Section 171(4) and (5).
		In section 206(2), the words "196 or".
		In section 219(1), the definition of "the NRA".
1991 c. 57.	The Water Resources Act 1991.	Sections 1 to 14.
		Sections 16 to 19.
		In section 34, the word "planning", wherever it occurs, and subsection (5).
		In section 45,--
		(a) in subsection (2), the word "planning", wherever it occurs; and
		(b) in subsection (3), the words "and (5)".
		Section 58.
		Section 68.
		Section 69(5).
		In section 91, in subsection (1), the word "or" immediately preceding paragraph (f).
		Section 105(1).
		In section 113(1), in the definition of "drainage", the word "and" immediately preceding paragraph (c).
		Section 114.
		Section 117.
		Sections 121 to 124.
		Section 126(6).
		Section 129(4).
		Sections 131 and 132.
		Section 144.
		Section 146.
		Sections 150 to 153.
		Section 187.
		In section 190(1), paragraph (d), paragraph (f) and the word "and" immediately preceding it.
		Section 196.
		Section 202(5).
		Section 206(2).

1992 c. 14.	The Local Government Finance Act 1992.	Section 35(5)(a) and (b).
		In Schedule 13, paragraph 95.
1993 c. 11.	The Clean Air Act 1993.	Section 3(2)(b) and the word "or" which immediately precedes it.
		Section 17.
		Section 42(5).
		Section 51(1)(b) and the word "or" which immediately precedes it.
		In Schedule 3, paragraph 4(b).
1993 c. 12.	The Radioactive Substances Act 1993.	Section 4.
		Section 5.
		In section 16, in subsection (2), the words "Subject to subsection (3)," subsection (3) and, in subsection (10), the words from "or, as" to "appropriate Minister".
		Section 17(4).
		In section 18, in subsection (1), the words "(or, in a case" to "or that Minister)" and "or the appropriate Minister, as the case may be," and, in subsection (2)(b), the words from "(or, where" to "that Minister)".
		Section 20(3).
		In section 21, subsection (3) and, in subsection (4), the words from "or, where" to "that Minister".
		In section 22, subsection (5), in subsection (6), the words from "or, where" to "that Minister" and in subsection (7), the words from "or, where" to "that Minister".
		In section 25, in subsection (2), the words from "or, in a case" to "Food," and "or their".
		In section 26, subsection (3)(a) and, in subsection (4), the words "England, Wales or".
		Section 28.
		Section 31.
		Section 35.
		In section 39, in subsection (2), the words from "or, as" to "and the chief inspector,".
		Section 42(5).
		Section 43.
		In section 47, in subsection (1), in the definition of "the appropriate Minister", paragraphs (a) and (b), in the definition of "the chief inspector", paragraphs (a) and (b), in the definition of "prescribed", the words from "or, in relation to fees" onwards and in the definition of "relevant water body", in paragraph (a), the words "the National Rivers Authority" and, in paragraph (b), the words "a river purification authority within the meaning of the Rivers (Prevention of Pollution) (Scotland) Act 1951".
		In section 48, in the Table, the entry relating to the chief inspector.
		Schedule 2.
		In Schedule 3, in Part II, in paragraph 11 the words "16, 17".
1993 c. 25.	The Local Government (Overseas Assistance) Act 1993.	Section 1(10)(g).
1993 c. 40.	The Noise and Statutory Nuisance Act 1993.	Section 6.
		Section 13(2).
		Schedule 1.
1994 c. 19.	The Local Government (Wales) Act 1994.	Section 19(2) and (3).
		Section 59(15).
		In Schedule 5, in Part III, paragraph 10.
		In Schedule 6, paragraphs 3 to 12, 18, 23, 24(1), 28 and 29.
		In Schedule 9, paragraph 17(4) and (12).
	< subsection (6) below" and subsection (6).
		In Schedule 10, paragraph 22(1) and (7) and, in paragraph 34(1), so much of paragraph (b) as precedes the word "and".
		In Schedule 11, in paragraph 1, in the definition of "National Park authority" in sub-paragraph (3), the words "subject to sub-paragraph (4) below" and sub-paragraph (4).
		In Schedule 22, paragraphs 19 to 27, 46(11)(a), 182 and 231.

-- Back --

Stat