Law

Environmental Protection Act 1990

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

In force since 2026-10-31, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 5583473aefae4f87ce83d15adce4c71371c9706988463932c5341de2a6ef1e1a

Contents: 285 provisions
  1. Title and introductory text
  2. 1 Preliminary.
  3. 2 Prescribed processes and prescribed substances.
  4. 3 Emission etc. limits and quality objectives.
  5. 4 Discharge and scope of functions.
  6. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  7. 6 Authorisations: general provisions.
  8. 7 Conditions of authorisations.
  9. 8 Fees and charges for authorisations.
  10. 9 Transfer of authorisations.
  11. 10 Variation of authorisations by enforcing authority.
  12. 11 Variation of conditions etc: applications by holders of authorisations.
  13. 12 Revocation of authorisation.
  14. 13 Enforcement notices.
  15. 14 Prohibition notices.
  16. 15 Appeals as respects authorisations and against variation, enforcement and prohibition notices.
  17. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  18. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  19. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  20. 19 Obtaining of information from persons and authorities.
  21. 20 Public registers of information.
  22. 21 Exclusion from registers of information affecting national security.
  23. 22 Exclusion from registers of certain confidential information.
  24. 23 Offences.
  25. 24 Enforcement by High Court.
  26. 25 Onus of proof as regards techniques and evidence.
  27. 26 Power of court to order cause of offence to be remedied.
  28. 27 Power of chief inspector to remedy harm.
  29. 28 Authorisations and other statutory controls.
  30. 29 Preliminary.
  31. 30 Authorities for purposes of this Part.
  32. 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  33. 32 Transition to waste disposal companies etc.
  34. 33 Prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste.
  35. 33ZA Fixed penalty notices for contravention of section 33(1)(a): England
  36. 33ZB Fixed penalty notices for contravention of section 33(1)(a): Wales
  37. 33A Section 33 offences: investigation and enforcement costs
  38. 33B Section 33 offences: clean-up costs
  39. 33C Section 33 offences: forfeiture of vehicles
  40. 34 Duty of care etc. as respects waste.
  41. 34ZA Fixed penalty notices: offences under section 34(6) relating to section 34(2A): England
  42. 34ZB Fixed penalty notices: offences under section 34(6) relating to section 34(2A): Wales
  43. 34ZC Fixed penalty notices for offences under section 34(6): Scotland
  44. 34A Fixed penalty notices for certain offences under section 34
  45. 34B Power to search and seize vehicles etc
  46. 34C Seizure of vehicles etc: supplementary
  47. 34D Prohibition on disposal of food waste to sewer
  48. 34CA Electronic waste tracking
  49. 34CB Further provision about regulations under section 34CA
  50. 35 Waste management licences: general.
  51. 35A Compensation where rights granted pursuant to section 35(4) or 38(9A).
  52. 36 Grant of licences.
  53. 36A Consultation before the grant of certain licences.
  54. 37 Variation of licences.
  55. 37A Consultation before certain variations.
  56. 38 Revocation and suspension of licences.
  57. 39 Surrender of licences.
  58. 40 Transfer of licences.
  59. 40A Consolidated Licences
  60. 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  61. 42 Supervision of licensed activities.
  62. 43 Appeals to Secretary of State from decisions with respect to licences.
  63. 44 Offences of making false or misleading statements or false entries.
  64. 44ZA Duty to prepare integrated waste management plan
  65. 44ZB Approval of integrated waste management plan
  66. 44ZC Implementation of integrated waste management plan
  67. 44ZD Modification of integrated waste management plan
  68. 44A National waste strategy: England and Wales.
  69. 44B National waste strategy: Scotland.
  70. 45 Collection of controlled waste.
  71. 45A England: separate collection of household waste
  72. 45AZA England: separate collection of household waste from relevant non-domestic premises
  73. 45AZB England: separate collection of industrial or commercial waste
  74. 45AZC Sections 45A to 45AZB: powers to exempt and extend
  75. 45AZD Sections 45A to 45AZB: duties of waste collectors
  76. 45AZE Sections 45 to 45AZD: guidance
  77. 45AZF Sections 45AZA and 45AZB: compliance notices
  78. 45AZG Sections 45AZA and 45AZB: appeals against compliance notices
  79. 45AA Wales: separate collection etc. of waste
  80. 45AB Code of practice
  81. 45B Power to apply section 45A to Welsh waste collection authorities
  82. 45C Separate collection of dry recyclable waste and food waste: Scotland
  83. 46 Receptacles for household waste.
  84. 46ZA Enforcement of household waste requirements: Scotland
  85. 46ZB Civil penalty charges under section 46ZA: prior notices of intent and final notices
  86. 46ZC Civil penalty charges under section 46ZA: procedure and amount
  87. 46ZD Fixed penalty notices for offences under section 46
  88. 46ZE Guidance
  89. 46A Written warnings and penalties for failure to comply with requirements relating to household waste receptacles: England
  90. 46B Amount of penalty under section 46A and recovery of penalty
  91. 46C Penalties under section 46A: procedure regarding notices of intent and final notices
  92. 46D Appeals against penalties under section 46A
  93. 47 Receptacles for commercial or industrial waste.
  94. 47ZA Fixed penalty notices for offences under sections 46 and 47
  95. 47ZB Amount of fixed penalty under section 47ZA
  96. 47A Recycling and composting: duty to report to Parliament
  97. 48 Duties of waste collection authorities as respects disposal of waste collected.
  98. 49 Waste recycling plans by collection authorities.
  99. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  100. 51 Functions of waste disposal authorities.
  101. 52 Payments for recycling and disposal etc. of waste.
  102. 52A Payments for delivering waste pre-separated
  103. 53 Duties of authorities as respects disposal of waste collected: Scotland.
  104. 54 Special provisions for land occupied by disposal authorities: Scotland.
  105. 55 Powers for recycling waste.
  106. 56 Powers for recycling waste: Scotland.
  107. 57 Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered.
  108. 58 Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered: Scotland.
  109. 59 Powers to require removal of waste unlawfully deposited.
  110. 59ZA Section 59: supplementary power in relation to owner of land
  111. 59ZB Powers to require removal of waste unlawfully kept or disposed of: England and Wales
  112. 59ZC Section 59ZB: supplementary power in relation to owner of land
  113. 59A Directions in relation to exercise of powers under section 59 , 59ZA, 59ZB or 59ZC
  114. 60 Interference with waste sites and receptacles for waste.
  115. 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  116. 60A Waste reduction schemes
  117. 62 Special provision with respect to certain dangerous or intractable waste.
  118. 62ZA Special provision with respect to hazardous waste in England and Wales
  119. 62A Lists of waste displaying hazardous properties
  120. 63 Waste other than controlled waste.
  121. 63A Power to take steps to minimise generation of controlled waste.
  122. 64 Public registers.
  123. 65 Exclusion from registers of information affecting national security.
  124. 66 Exclusion from registers of certain confidential information.
  125. 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  126. 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  127. 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  128. 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  129. 71 Obtaining of information from persons and authorities.
  130. 71A Information from authorities on unauthorised or harmful deposit, treatment or disposal etc. of waste: Scotland
  131. 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  132. 73 Appeals and other provisions relating to legal proceedings and civil liability.
  133. 73ZA Use of fixed penalty receipts: England
  134. 73A Use of fixed penalty receipts : Wales
  135. 74 Meaning of “fit and proper person”.
  136. 75 Meaning of “waste” and household, commercial and industrial waste and hazardous waste.
  137. 75A Modification of the Waste Framework Directive
  138. 76 Application to the Isles of Scilly.
  139. 77 Transition from Control of Pollution Act 1974 to this Part.
  140. 78 This Part and radioactive substances.
  141. 78A Preliminary.
  142. 78B Identification of contaminated land.
  143. 78C Identification and designation of special sites.
  144. 78D Referral of special site decisions to the Secretary of State.
  145. 78E Duty of enforcing authority to require remediation of contaminated land etc.
  146. 78F Determination of the appropriate person to bear responsibility for remediation.
  147. 78G Grant of, and compensation for, rights of entry etc.
  148. 78H Restrictions and prohibitions on serving remediation notices.
  149. 78J Restrictions on liability relating to the pollution of controlled waters.
  150. 78K Liability in respect of contaminating substances which escape to other land.
  151. 78L Appeals against remediation notices.
  152. 78M Offences of not complying with a remediation notice.
  153. 78N Powers of the enforcing authority to carry out remediation.
  154. 78P Recovery of, and security for, the cost of remediation by the enforcing authority.
  155. 78Q Special sites.
  156. 78QA Land no longer considered to be contaminated
  157. 78R Registers.
  158. 78S Exclusion from registers of information affecting national security.
  159. 78T Exclusion from registers of certain confidential information.
  160. 78TA Registers: removal of information about land designated as special site
  161. 78TB Effect of removal of information from register
  162. 78U Reports by the appropriate Agency on the state of contaminated land.
  163. 78V Site-specific guidance by the appropriate Agency concerning contaminated land.
  164. 78W The appropriate Agency to have regard to guidance given by the Secretary of State.
  165. 78X Supplementary provisions.
  166. 78Y Application to the Isles of Scilly.
  167. 78YA Supplementary provisions with respect to guidance by the Secretary of State.
  168. 78YB Interaction of this Part with other enactments.
  169. 78YC This Part and radioactivity.
  170. 79 Statutory nuisances and inspections therefor.
  171. 80 Summary proceedings for statutory nuisances.
  172. 80ZA Fixed penalty notice: supplemental
  173. 80A Abatement notice in respect of noise in street.
  174. 81 Supplementary provisions.
  175. 81A Expenses recoverable from owner to be a charge on premises.
  176. 81B Payment of expenses by instalments.
  177. 82 Summary proceedings by persons aggrieved by statutory nuisances.
  178. 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  179. 84 Termination of Public Health Act controls over offensive trades etc.
  180. 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  181. 86 Preliminary.
  182. 87 Offence of leaving litter.
  183. 88 Fixed penalty notices for leaving litter.
  184. 88A Littering from vehicles: civil penalty regime
  185. 88B Guidance on littering enforcement in England and Wales
  186. 88C Littering from a vehicle: Scottish civil penalty regime
  187. 88D Littering from a vehicle: consequences of civil penalty charge notice under section 88C
  188. 89 Duty to keep land and highways clear of litter etc.
  189. 90 Litter control areas.
  190. 91 Summary proceedings by persons aggrieved by litter.
  191. 92 Summary proceedings by litter authorities
  192. 93 Street litter control notices.
  193. 94 Street litter: supplementary provisions
  194. 94B Free distribution of printed matter
  195. 95 Public registers.
  196. 96 Application of Part II.
  197. 97 Transitional provision relating to section 89.
  198. 97A Fixed penalty notices: supplementary
  199. 97B Exclusion of liability
  200. 98 Definitions.
  201. 99 Powers in relation to abandoned shopping and luggage trolleys.
  202. 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  203. 101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  204. 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  205. 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  206. 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  207. 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  208. 106 Purpose of Part VI and meaning of “genetically modified organisms” and related expressions.
  209. 106A Exclusion of precision bred organisms from English application of Part
  210. 107 Meaning of “damage to the environment”, “control” and related expressions in Part VI.
  211. 108 Risk assessment and notification requirements.
  212. 109 General duties relating to importation, acquisition, keeping, release or marketing of organisms.
  213. 110 Prohibition notices.
  214. 111 Consents required by certain persons.
  215. 112 Consents: limitations and conditions.
  216. 113 Fees and charges.
  217. 114 Appointment etc of inspectors.
  218. 115 Rights of entry and inspection.
  219. 116 Obtaining of information from persons.
  220. 117 Power to deal with cause of imminent danger of damage to the environment.
  221. 118 Offences.
  222. 119 Onus of proof as regards techniques and evidence.
  223. 120 Power of court to order cause of offence to be remedied.
  224. 121 Power of Secretary of State to remedy harm.
  225. 122 Public register of information.
  226. 123 Exclusion from register of certain information.
  227. 124 Advisory committee for purposes of Part VI.
  228. 125 Delegation of enforcement functions.
  229. 126 Mode of exercise of certain functions.
  230. 127 Definitions.
  231. 128 Creation and constitution of new Councils.
  232. 129 Grants to the Council
  233. 130 Countryside functions of Welsh Council.
  234. 131 Nature conservation functions: preliminary.
  235. 132 General functions of the Council.
  236. 133 Special functions of Councils.
  237. 134 Grants and loans by the Council.
  238. 135 Schemes for the transfer of property etc. of the Nature Conservancy Council.
  239. 136 Transfer to Welsh Council of certain property etc. of Countryside Commission.
  240. 137 Offers of employment to employees of Nature Conservancy Council and certain employees of Countryside Commission.
  241. 138 Winding up and dissolution of Nature Conservancy Council.
  242. 139 Transitional provisions and savings.
  243. 140 Power to prohibit or restrict the importation, use, supply or storage of injurious substances or articles.
  244. 141 Power to regulate the importation or exportation of waste or the transit of waste for export.
  245. 142 Powers to obtain information about potentially hazardous substances.
  246. 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  247. 144 Amendments of hazardous substances legislation.
  248. 145 Penalties for offences of polluting controlled waters etc.
  249. 146 Deposits of substances and articles in the sea, etc.
  250. 147 Public registers relating to deposits in the sea and incineration at sea.
  251. 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  252. 149 Seizure of stray dogs.
  253. 150 Delivery of stray dogs to . . . local authority officer.
  254. 151 Enforcement of orders about collars and tags for dogs.
  255. 152 Burning of straw and stubble etc.
  256. 153 Financial assistance for environmental purposes.
  257. 154 The Groundwork Foundation: superannuation.
  258. 155 Remuneration of chairman of Inland Waterways Amenity Advisory Council.
  259. 156 Power to give effect to assimilated obligations and international obligations etc.
  260. 157 Offences by bodies corporate.
  261. 158 Offences under Parts I, II, IV, VI, etc. due to fault of others.
  262. 159 Application to Crown.
  263. 160 Service of notices.
  264. 160A Regulations and orders
  265. 161 Directions
  266. 162 Consequential and minor amendments and repeals.
  267. 163 Financial provisions.
  268. 163A Application of Part VI: England and Wales
  269. 164 Short title, commencement and extent.
  270. SCHEDULE 1 AUTHORISATIONS FOR PROCESSES: SUPPLEMENTARY PROVISIONS
  271. SCHEDULE 2 Waste Disposal Authorities and Companies
  272. Schedule 2A
  273. SCHEDULE 2AA Waste reduction schemes
  274. SCHEDULE 2B Categories of waste
  275. SCHEDULE 3 Statutory Nuisances: Supplementary Provisions
  276. SCHEDULE 3A Free distribution of printed matter on designated land
  277. SCHEDULE 4 Abandoned Shopping and Luggage Trolleys
  278. SCHEDULE 5 . . .
  279. SCHEDULE 7
  280. SCHEDULE 10
  281. SCHEDULE 11 Transitional Provisions and Savings for Part VII
  282. SCHEDULE 13 Amendments of Hazardous Substances Legislation
  283. SCHEDULE 14 Amendments of the Prevention of Oil Pollution Act 1971
  284. SCHEDULE 15 Consequential and Minor Amendments of Enactments
  285. SCHEDULE 16 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

285 provisions

SCHEDULE 11 Transitional Provisions and Savings for Part VII

Section 139. Part I Countryside Functions Preliminary 1 In this Part of this Schedule— “the appointed day” means the day appointed under section 130(4) of this Act; “the Commission” means the Countryside Commission; “the Council” means the Countryside Council for Wales; “relevant”, in relation to anything done by or in relation to the Commission before the appointed day, means anything which, if it were to be done on or after the appointed day, would be done by or in relation to the Council or, as the case may be, by or in relation to both the Commission (so far as concerning England) and the Council (so far as concerning Wales). Continuity of exercise of functions 2 (1) Any relevant thing done by or in relation to the Commission before the appointed day shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the Council or, as the case may be, by or in relation to both the Council and the Commission. (2) Any relevant thing which, immediately before the appointed day, is in the process of being done by or in relation to the Commission may be continued by or in relation to the Council or, as the case may be, by or in relation to both the Council and the Commission. Construction of references to the Countryside Commission 3 (1) This paragraph applies to any provision of any agreement, or of any instrument or other document, subsisting immediately before the appointed day which refers (in whatever terms) to the Commission and does so (or is to be construed as doing so) in relation to, or to things being done in or in connection with, Wales. (2) Any provision to which this paragraph applies shall, subject to sub-paragraphs (3) and (4) below, have effect on and after the appointed day with the substitution for, or the inclusion in, any reference to the Commission of a reference to the Council, according as the reference concerns Wales only or concerns both England and Wales. (3) Any provision to which this paragraph applies which refers in general terms to members of or to persons employed by or agents of the Commission shall have effect on and after the appointed day with the substitution for, or the inclusion in, any such reference of a reference to members of or persons employed by or agents of the Council, according as the reference concerns Wales only or concerns both England and Wales. (4) Any provision to which this paragraph applies which refers to a member or employee of the Commission shall have effect on and after the appointed day with the substitution for, or the inclusion in, any such reference of— (a) a reference to such person as the Council may appoint, or (b) in default of appointment, to the member or employee of the Council who corresponds as nearly as may be to the member or employee in question, according as the reference concerns Wales only or concerns both England and Wales. 4 (1) This paragraph applies to any provision of a local Act passed, or subordinate legislation made, before the appointed day which refers (in whatever terms) to the Commission and relates to, or to things being done in or in connection with, Wales. (2) The Secretary of State may by order make such consequential modifications of any provision to which this paragraph applies as appear to him to be necessary or expedient. (3) Subject to any exercise of the power conferred by sub-paragraph (2) above, any provision to which this paragraph applies shall have effect on and after the appointed day with the substitution for, or inclusion in, any reference to the Commission of a reference to the Council, according as the reference concerns Wales only or concerns both England and Wales. Existing areas of outstanding natural beauty and long distance routes 5 (1) This paragraph applies to— (a) any area of land which immediately before the appointed day is an area of outstanding natural beauty designated under section 87 of the 1949 Act of which part is in England and part is in Wales (referred to as “the two parts” of such an area); and (b) any long distance route under Part IV of that Act of which some parts are in England and other parts in Wales. (2) On and after the appointed day the two parts of an area to which this paragraph applies shall be treated as if each were a distinct area of outstanding natural beauty; and accordingly, so far as may be necessary for the purpose of applying paragraphs 2 and 3 above, anything done by or in relation to the Commission in relation to both parts of that area shall be treated as having been done in relation to the part in Wales by or in relation to the Council. (3) On and after the appointed day any route to which this paragraph applies shall not cease, by virtue of this Part of this Act to be a single route for the purposes of Part IV of the 1949 Act; but any function which before that day is exercisable by or in relation to the Commission shall, on and after that day be exercisable by or in relation to the Commission (so far as concerns parts of the route in England) and by or in relation to the Council (so far as concerns parts of the route in Wales). (4) On or after the appointed day the Commission and the Council shall each exercise any function of theirs in relation to an area or route to which this paragraph applies only after consultation with the other; and the Commission and the Council may make arrangements for discharging any of their functions in relation to such an area or route jointly. Part II Nature Conservation Functions Preliminary 6 In this Part of this Schedule— “appointed day” means the date appointed under section 131(3) of this Act; “appropriate new council” shall be construed in accordance with paragraph 7 below; and “new council” means a council established by section 128(1) of this Act. 7 (1) In this Part of this Schedule a reference to “the appropriate new council” is, in relation to or to things done in connection with property, rights or liabilities of the Nature Conservancy Council which are transferred by section 135(2) of this Act to a new council, a reference to that new council. (2) Subject to sub-paragraph (1) above, a reference in this Part of this Schedule to “the appropriate new council” is, in relation to anything else done before the appointed day by or in relation to the Nature Conservancy Council in the exercise of or in connection with any function of theirs (other than a function corresponding to a special function of the new councils)— (a) a reference to the new council by whom the nature conservation function corresponding to that function is exercisable on and after that date; or (b) where the thing done relates to a matter affecting the area of more than one new council, a reference to each new council by whom the nature conservation function corresponding to that function is exercisable on and after that date; and in relation to anything done in the exercise of or in connection with any function of the Nature Conservancy Council corresponding to a special function of the new councils a reference to “the appropriate new council” is a reference to the joint committee or, where directions under section 133(5) of this Act have been given, the new council by whom the corresponding special function is dischargeable (on behalf of the new councils) on and after that day. (3) Any question arising under this paragraph as to which new council is the appropriate new council in relation to any particular function of the Nature Conservancy Council may be determined by a direction given by the Secretary of State. Continuity of exercise of functions 8 (1) Anything done (or deemed by any enactment to have been done) by or in relation to the Nature Conservancy Council before the appointed day shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the appropriate new council. (2) Anything which immediately before the appointed day is in the process of being done by or in relation to the Nature Conservancy Council may be continued by or in relation to the appropriate new council as if it had been done by or in relation to that council. Construction of references to the Nature Conservancy Council 9 (1) This paragraph applies to any agreement, any instrument and any other document subsisting immediately before the appointed day which refers (in whatever terms) to the Nature Conservancy Council, other than a scheme provided by that Council under paragraph 12 of Schedule 3 to the Nature Conservancy Council Act 1973. (2) Any agreement, instrument or other document to which this paragraph applies shall have effect on and after the appointed day with the substitution— (a) for any reference to the Nature Conservancy Council of a reference to the appropriate new council; (b) for any reference in general terms to members of or to persons employed by or agents of the Nature Conservancy Council of a reference to members of or persons employed by or agents of the appropriate new council; and (c) for any reference to a member or officer of the Nature Conservancy Council of a reference to such person as the appropriate new council may appoint or, in default of appointment, to the member or employee of that council who corresponds as nearly as may be to the member or officer in question. 10 (1) This paragraph applies to any provision of a local Act passed, or subordinate legislation made, before the appointed day which refers (in whatever terms) to the Nature Conservancy Council. (2) The Secretary of State may by order make such consequential modifications of any provision to which this paragraph applies as appear to him to be necessary or expedient. (3) Subject to any exercise of the power conferred by sub-paragraph (2) above, any provision to which this paragraph applies shall have effect on and after the appointed day with the substitution for each reference to the Nature Conservancy Council of a reference to such one or more of the new councils as may be appropriate, according as the provision relates to, or to things being done in or in connection with, England, Scotland or Wales. Pensions for Nature Conservancy Council staff 11 (1) The repeal by this Act of paragraph 12 of Schedule 3 to the Nature Conservancy Council Act 1973 shall not affect the operation on and after the appointed day of any scheme provided by the Nature Conservancy Council for the payment to or in respect of its officers of pensions, allowances or gratuities. (2) Any such scheme shall have effect on and after the appointed day with the substitution for any reference to the Nature Conservancy Council of a reference to the Secretary of State. Existing nature reserves and areas of special scientific interest 12 (1) This paragraph applies to any land which, immediately before the appointed day is— (a) a nature reserve (within the meaning of Part III of the 1949 Act) which is managed by, or under an agreement entered into with, the Nature Conservancy Council or which is the subject of a declaration under section 35 of the 1981 Act; or (b) an area of special scientific interest which has been notified by the Nature Conservancy Council under section 28(1) of the 1981 Act or is treated by section 28(13) of that Act as having been notified under section 28(1)(a) of that Act or is an area to which an order under section 29(1) of that Act relates; and of which part is in England and part is in Wales or, as the case may be, part is in England and part is in Scotland (referred to as “the two parts” of such a reserve or area). (2) On and after the appointed day, the two parts of any reserve or area to which this paragraph applies shall be treated as if each were a distinct nature reserve or area of special scientific interest; and accordingly, so far as may be necessary for the purpose of applying paragraphs 8 and 9 above, anything done by or in relation to the Nature Conservancy Council affecting both parts of that reserve or area shall be treated as having been done by or in relation to each of the two parts separately. (3) On and after the appointed day the new council exercising functions as respects either part of a reserve or area to which this paragraph applies shall exercise those functions only after consultation with the new council exercising functions as respects the other part; and those councils may make arrangements for discharging any of those functions jointly. Part III Supplementary 13 Paragraphs 3, 4, 5, 8, 9, 10 and 12 above are without prejudice to any provision made by or under this Part of this Act in relation to any particular functions, property, rights or liabilities; and, in particular, nothing in this Schedule applies in relation to contracts of employment made by the Countryside Commission or the Nature Conservancy Council. 14 The Secretary of State may, in relation to any particular functions of the Countryside Commission or the Nature Conservancy Council, by order exclude, or modify or supplement any provision of this Schedule or make such other transitional provision as he may think necessary or expedient. 15 In this Schedule “the 1949 Act” means the National Parks and Access to the Countryside Act 1949 and “the 1981 Act” means the Wildlife and Countryside Act 1981.

Propose a change

SCHEDULE 13 Amendments of Hazardous Substances Legislation

Section 144. Part I England and Wales 1 The Planning (Hazardous Substances) Act 1990 shall be amended as provided in this Part of this Schedule. 2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In section 7(3), for the words from “means” to “with” in the third place it occurs there shall be substituted the words “ means consultations with the Health and Safety Executive and with ”. (3) In section 10(2), for the words from the beginning to “3” there shall be substituted the words “ A hazardous substances authority ”. (4) In section 28(1)— (a) in paragraph (a), for the words following the word “consent” there shall be substituted the words made to that authority; (aa) to applications under section 17(1) made to that authority; ; and (b) after paragraph (d), there shall be inserted the following words— “ ; and every such register shall also contain such information as may be prescribed as to the manner in which applications for hazardous substances consent have been dealt with. ” (5) In section 29, in subsection (3) and (4), for the words “appropriate body” there shall be substituted the words “ Health and Safety Executive ”. (6) In section 38(5) for the words “1 to 3” there shall be substituted “ 1, 3 ”. (7) In section 39(1), in the definition of “hazardous substances authority”, for the word “to”, in the second place it occurs, there shall be inserted the word “ and ”. 3 In section 7(1)(a) (applications for consent), after the word “applications” there shall be inserted the words “ under this Act ”. 4 In section 11 (deemed hazardous substances consent in transitional cases)— (a) in subsection (2) for the words “immediately before the relevant date” there shall be substituted the words “ while it was so present ”; and (b) in subsection (7), in paragraph (a), at the beginning there shall be inserted the words “to the condition that” and, for paragraphs (b) and (c), there shall be substituted the words , and (b) to such other conditions (if any) as are prescribed for the purposes of this section and are applicable in the case of that consent. 5 In section 12 (deemed consent: government authorisation), at the end there shall be added the following subsection— (6) A government department or the Secretary of State shall, as respects any hazardous substances consent deemed to be granted by virtue of directions under this section, send to the hazardous substances authority concerned any such information as appears to be required by them for the purposes of a register under section 28. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 In section 22 (validity of decisions as to applications), in subsection (4), for the words “1971 Act” there shall be substituted the words “ principal Act ”. 8 In section 25(1)(c) (provisions of principal Act capable of application to hazardous substances contravention notices), after “184,” there shall be inserted “ 186, ”. 9 Before section 27 there shall be inserted the following section— Fees for consent applications. 26A (1) Provision may be made by regulations for the payment of a fee of the prescribed amount to a hazardous substances authority in respect of an application for, or for the continuation of, hazardous substances consent. (2) Regulations under this section may provide for the payment to the Secretary of State of a fee of the prescribed amount in respect of any application which is, by virtue of regulations under section 25, deemed to have been made for hazardous substances consent. (3) Regulations under this section may provide— (a) for the transfer of prescribed fees received by a hazardous substances authority in respect of any application which is referred to the Secretary of State under section 20; (b) for the remission or refunding of a prescribed fee (in whole or in part) in prescribed circumstances or in pursuance of a direction given by the Secretary of State; and the regulations may make different provision for different areas or for different cases or descriptions of cases. 10 In section 303(6) of the Town and Country Planning Act 1990 (meaning of “Planning Acts” for purposes of fees chargeable under that section), at the end there shall be inserted the words “ or the Planning (Hazardous Substances) Act 1990. ”) Part II Scotland 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

SCHEDULE 14 Amendments of the Prevention of Oil Pollution Act 1971

Section 148. 1 The Prevention of Oil Pollution Act 1971 shall be amended as follows. 2 In section 19 (prosecutions), after subsection (4), there shall be inserted the following subsection— (4A) Any document required or authorised, by virtue of any statutory provision, to be served on a foreign company for the purposes of the institution of, or otherwise in connection with, proceedings for an offence under section 2(2A) of this Act alleged to have been committed by the company as the owner of a vessel shall be treated as duly served on that company if the document is served on the master of the vessel; and any person authorised to serve any document for the purposes of the institution of, or otherwise in connection with, proceedings for an offence under this Act (whether or not in pursuance of the foregoing provisions of this subsection) shall, for that purpose, have the right to go on board the vessel in question. (4B) In subsection (4A) of this section a “foreign company” means a company or body which is not one to whom any of the following provisions applies— (a) sections 695 and 725 of the Companies Act 1985; (b) Articles 645 and 673 of the Companies (Northern Ireland) Order 1986, so as to authorise the service of the document in question under any of those provisions. 3 After that section there shall be inserted the following section— Power to detain vessels. 19A (1) Where a harbour master has reason to believe that the master or owner of a vessel has committed an offence under section 2(2A) of this Act by the discharge from the vessel of oil, or a mixture containing oil, into the waters of the harbour, the harbour master may detain the vessel. (2) Subsections (1) and (2) of section 692 of the Merchant Shipping Act 1894 (enforcing detention of ship) shall apply in relation to a vessel detained under subsection (1) of this section as they apply in relation to a ship detained under that Act but as if— (a) in subsection (1) (penalties where ship proceeds to sea while subject to detention)— (i) for the words from “any commissioned officer” to “and if” there were substituted the word “ and ”; and (ii) for the reference to competent authority there were substituted a reference to the harbour authority; and (b) in subsection (2) (penalties where a ship so proceeds to sea when any officer authorised to detain the ship is on board), for any reference to any officer authorised to detain the ship, or any surveyor or officer of the Secretary of State or any officer of Customs and Excise there were substituted a reference to the harbour master or any person acting on his behalf. (3) Where a harbour master detains a ship other than a United Kingdom ship (within the meaning of section 21(2) of the Merchant Shipping Act 1979) under this section he shall immediately notify the Secretary of State who shall then inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State. (4) A harbour master who exercises the power conferred by subsection (1) of this section shall immediately release the vessel— (a) if no proceedings for the offence in question are instituted within the period of 7 days beginning with the day on which the vessel is detained; (b) if such proceedings, having been instituted within that period, are concluded without the master or owner being convicted; (c) if either— (i) the sum of £55,000 is paid to the harbour authority by way of security, or (ii) security which, in the opinion of the harbour authority, is satisfactory and is for an amount not less than £55,000 is given to the harbour authority, by or on behalf of the master or owner; or (d) where the master or owner is convicted of the offence, if any costs or expenses ordered to be paid by him, and any fine imposed on him, have been paid. (5) The harbour authority shall repay any sum paid in pursuance of subsection (4)(c) of this section or release any security so given— (a) if no proceedings for the offence in question are instituted within the period of 7 days beginning with the day on which the sum is paid; or (b) if such proceedings, having been instituted within that period, are concluded without the master or owner being convicted. (6) Where a sum has been paid, or security has been given, by any person in pursuance of subsection (4)(c) of this section and the master or owner is convicted of the offence in question, the sum so paid or the amount made available under the security shall be applied as follows— (a) first in payment of any costs or expenses ordered by the court to be paid by the master or owner; and (b) next in payment of any fine imposed by the court; and any balance shall be repaid to the first mentioned person. (7) Any reference in this section to a harbour master or a harbour authority shall, where the harbour in question consists of or includes the whole or any part of a dockyard port within the meaning of the Dockyard Ports Regulation Act 1865, be construed as including a reference to the Queen’s harbour master for the port. (8) For the purposes of this section in its application to England and Wales and, subject to section 30(4A) of this Act, in its application to Northern Ireland— (a) proceedings for an offence are instituted— (i) when a justice of the peace issues a summons or warrant under section 1 of the Magistrates’ Courts Act 1980 in respect of the offence, (ii) when a person is charged with the offence after being taken into custody without a warrant, (iii) when a bill of indictment is preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933; and where the application of this paragraph would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times; and (b) proceedings for an offence are concluded without the master or owner being convicted on the occurrence of one of the following events— (i) the discontinuance of the proceedings; (ii) the acquittal of the master or owner; (iii) the quashing of the master or owner’s conviction for the offence; (iv) the grant of Her Majesty’s pardon in respect of the master or owner’s conviction for the offence. (9) For the purposes of this section in its application to Scotland— (a) proceedings for an offence are instituted— (i) on the granting by the sheriff of a warrant in respect of the offence on presentation of a petition under section 12 of the Criminal Procedure (Scotland) Act 1975; (ii) when, in the absence of a warrant or citation, the master or owner is first brought before a court competent to deal with the case; (iii) when, in a case where he is liberated upon a written undertaking in terms of section 18(2)(a), 294(2)(a) or 295(1)(a) of the Criminal Procedure (Scotland) Act 1975, the master or owner appears at the specified court at the specified time; (iv) when, in a case mentioned in paragraph (iii) above where the master or owner fails to appear at the specified court at the specified time, the court grants warrant for his apprehension; (v) when summary proceedings are commenced in terms of section 331(3) of the Criminal Procedure (Scotland) Act 1975; and (b) proceedings for an offence are concluded without the master or owner being convicted on the occurrence of one of the following events— (i) the court makes a finding of not guilty or not proven against the master or owner in respect of the offence; (ii) the proceedings are expressly abandoned (other thanpro loco et tempore) by the prosecutor or are deserted simpliciter; (iii) the conviction is quashed; (iv) the accused receives Her Majesty’s pardon in respect of the conviction. (10) This section shall not apply in relation to any vessel of Her Majesty’s navy or to any Government ship (within the meaning of section 80 of the Merchant Shipping Act 1906). 4 In section 20(1) (power of court to direct amount of unpaid fine to be levied by distress or poinding and sale of vessel) after the words “is not paid” there shall be inserted the words “ , or any costs or expenses ordered to be paid by him are not paid, ”. 5 In section 24(2) (application of Act to Government ships), for the words “and subsection (4) of section 16” there shall be substituted the words “ , subsection (4) of section 16 and subsection (10) of section 19A ”. 6 In section 25(1) (power to extend provisions of Act to Isle of Man, Channel Islands etc), after the words “other than section 3” there shall be inserted the words “ or 19A ”. 7 In section 30 (provisions as to Northern Ireland), after subsection (4), there shall be inserted the following subsection— (4A) In its application to proceedings in Northern Ireland, subsection (8)(a) of section 19A of this Act shall have effect as if— (a) in sub-paragraph (i), for the references to section 1 of the Magistrates’ Courts Act 1980 there were substituted a reference to Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981; and (b) for sub-paragraph (iii) there were substituted— (iii) when an indictment is presented under section 2(2)(c), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969; .

Propose a change

SCHEDULE 15 Consequential and Minor Amendments of Enactments

Section 162. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exclusion of Alkali Works Act for prescribed processes 2 In the Alkali, &c. Works Regulation Act 1906 there shall be inserted, after section 2, the following section— Relation to Environmental Protection Act 1990, Part I. 2A (1) The preceding provisions of this Part of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process. (2) The “determination date” for a prescribed process is— (a) in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it; (b) in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal. (3) In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act. . and, immediately before section 25, as section 24A, a section in the same terms as the section 2A inserted after section 2. Stray dogs 3 (1) The following provisions of the Dogs Act 1906 shall be amended as follows. (2) The amendments made to section 3 by section 39(2) of the Local Government Act 1988 and section 128(1)(a) of the Civic Government (Scotland) Act 1982 shall cease to have effect. (3) In section 4— (a) subsection (1) shall be omitted; (b) in subsection (2), for the words “so taken to a police station” there shall be substituted the words “ taken to a police station in pursuance of section 150(1) of the Environmental Protection Act 1990 ”; (c) in subsection (2)(a), for the words from “his name and address” to “other” there shall be substituted the words “ this fact and shall furnish his name and address and the police officer shall, having complied with the procedure (if any) prescribed under subsection (5) below, allow the finder to remove the dog ”; (d) in subsection (3), for the words from “fails” to “section” there shall be substituted the words “ removes the dog but fails to keep it for at least one month, ”; and (e) after subsection (3) or, as respects Scotland, subsection (4) there shall be inserted as subsection (4) or subsection (5) the following subsection— (0) The Secretary of State may, by regulations made by statutory instrument, prescribe the procedure to be followed under subsection (2)(a) above and any instrument containing regulations under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament. Statutory nuisances 4 (1) The following provisions of the Public Health Act 1936 (matters deemed statutory nuisances) shall be amended as follows. (2) In section 141, for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”. (3) in section 259(1), for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”. (4) In section 268— (a) in subsection (1), for the words “Parts III” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 and Parts ”; (b) in subsection (2), for the words “the said Part III” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”; and (c) in subsection (3), for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”. 5 (1) Section 151 of the Mines and Quarries Act 1954 (matters deemed statutory nuisances) shall be amended as follows. (2) In subsection (2), for the words “Part III of the Public Health Act 1936” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”. (3) In subsection (3), for the words “Part III of the Public Health Act 1936” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exclusion of Clean Air Act 1956 for prescribed processes 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statutory nuisances 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 In section 1(1)(g) of the Hovercraft Act 1986 (power to exclude noise nuisance proceedings), after the word “1974” there shall be inserted the words “ or Part III of the Environmental Protection Act 1990. ” Goods vehicle operators’ licences: pollution offences 10 (1) The following provisions of of the Transport Act 1968 shall be amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In section 108(1) (statutory nuisance proceedings in relation to waterways), for the words “said Act of 1936” there shall be substituted the words “ Environmental Protection Act 1990 ”. National Park Wardens 11 In section 42 of the Countryside Act 1968 (National Park Wardens), in subsection (4)(a), for the words “section 1 of the Litter Act 1983” there shall be substituted the words “ section 87 of the Environmental Protection Act 1990 ”. Exclusion of Clean Air Act 1968 for prescribed processes 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sale of electricity: Scotland 13 In section 170A(3) of the Local Government (Scotland) Act 1973 (restriction on sale of electricity by local authority) after the word “prescribed,” there shall be inserted the words “ or in cases where it is produced from waste, ”. Workplace emissions into the air 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Water, noise and atmospheric pollution 15 (1) The following provisions of the Control of Pollution Act 1974 shall be amended as follows. (2) In section 30D, after the words “and 1965” there shall be inserted the words “ and of the Environmental Protection Act 1990 ”. (3) In section 61(9), at the end, there shall be inserted the words “ (in relation to Scotland) or section 82 of the Environmental Protection Act 1990 (in relation to England and Wales) ”. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In section 74(2), after paragraph (b), there shall be inserted the following ; or (c) under section 80(4) of the Environmental Protection Act 1990, . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statutory nuisances 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refuse Disposal: Scotland 19 (1) Section 1 of the Refuse Disposal (Amenity) Act 1978 (provision by waste disposal authorities of places etc. for disposal of refuse) shall be amended in relation to Scotland as follows. (2) In subsection (1) at the end there shall be inserted the words “ and to dispose of refuse so deposited ”. (3) In subsection (6) for the words from “mandamus” to the end of the subsection there shall be substituted the words “ by proceedings under section 45 of the Court of Session Act 1988 ”. (4) In subsection (7) the definition of “local authority” and the word “and” which follows it shall be omitted. Street cleansing: Scotland 20 In section 25 of the Local Government and Planning (Scotland) Act 1982, for subsection (3) there shall be substituted— (3) In subsection (2) above “cleansing” means such cleansing as appears to the islands or as the case may be district council to be necessary in the interests of public health or safety or of the amenities of their area but does not include operations for the removal of snow or ice and “relevant land” means any land, in the open air, to which members of the public have access and which is not comprehended in a public road within the meaning of the Roads (Scotland) Act 1984. . Byelaws relating to straw or stubble burning 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions assignable to London port health authority 22 In section 7(4) of the Public Health (Control of Disease) Act 1984 (enactments functions under which are assignable to London port health authority), after the paragraph (k) inserted by paragraph 23 of Schedule 6 to the Building Act 1984, there shall be inserted the following paragraphs— (l) Part I of the Environmental Protection Act 1990; (m) Part III of the Environmental Protection Act 1990; . Street cleaning, etc: restriction of traffic 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statutory nuisance 24 In section 76(1)(b) and (4)(a) of the Building Act 1984, for the words “sections 93 to 96 of the Public Health Act 1936” there shall be substituted the words “ section 80 of the Environmental Protection Act 1990 ”. Constitution of authorities for waste disposal 26 In section 10 of the Local Government Act 1985 (joint arrangements for waste disposal functions), in subsection (4), for the words “Part I of the Control of Pollution Act 1974” there shall be substituted the words “ Part II of the Environmental Protection Act 1990 ”. Meaning of household waste: competition 27 In Schedule 1 to the Local Government Act 1988 (competition: collection of household waste), paragraph 1 shall be amended as follows— (a) in sub-paragraph (1), the words “In the application of this Part to England and Wales,” shall be omitted; (b) in sub-paragraph (2)(a), for the words “section 12 of the Control of Pollution Act 1974” there shall be substituted the words “ section 45 of the Environmental Protection Act 1990 ”; (c) in sub-paragraph (3), for the words “section 30(4) of the Control of Pollution Act 1974” there shall be substituted the words “ section 75(8) of the Environmental Protection Act 1990 ”; and (d) sub-paragraph (4) shall be omitted. Exclusion of Water Act 1989 controls of exercise of trade effluent functions in case of prescribed processes 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exclusion of Part III of Water Act 1989 for discharges from prescribed processes 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contents of registers of National Rivers Authority 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carriers of controlled waste 31 (1) The Control of Pollution (Amendment) Act 1989 shall be amended as follows. (2) In the following provisions, for the words “disposal authority” and “disposal authorities” there shall be substituted the words “ regulation authority ” and “ regulation authorities ” respectively, that is to say, in sections 1(4)(a), 2(1), 2(b) and (e), (3)(a) and (e) and (4)(a), (b) and (c), 3(1), (2) and (6), 4(1), (3), (4), (5) and (8)(b) and (c), 5(1) and (4)(a), 6(1), (2), (3), (5), . . ., (7)(a) and (c), (8) and (9) and 7(1), . . ., (3)(a) and (8). (3) In section 6(1) (offences justifying seizure of vehicles), in paragraph (a)(i)— (a) after “1974” there shall be inserted the words “ or section 33 of the Environmental Protection Act 1990 ”; and (b) after the word “unlicensed” there shall be inserted the words “ deposit, treatment or ”. (4) In section 7 (enforcement)— (a) in subsection (1), for the words from “91” to “information)” there shall be substituted the words “ 68(3), (4) and (5), 69, 70 and 71 of the Environmental Protection Act 1990 (powers of entry, of dealing with imminent pollution and to obtain information) ”; (b) in subsection (2), paragraph (b) shall be omitted; and (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In section 9(1)— (a) in the definition of “controlled waste”— (i) for the words “, subject to subsection (2) below,” there shall be substituted the words “ , at any time, ”; and (ii) for the words “in Part I of the Control of Pollution Act 1974” there shall be substituted the words “ for the purposes of Part II of the Environmental Protection Act 1990 ”, (b) the definition of “disposal authority” shall be omitted; and (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Section 9(2) shall be omitted.

Propose a change

SCHEDULE 16 Repeals

Part I Enactments Relating to Processes Chapter | Short title | Extent of repeal 1906 c. 14. | Alkali, &c. Works Regulation Act 1906. | The whole Act so far as unrepealed. 1956 c. 52. | Clean Air Act 1956. | Section 17(4). In section 29(1), in the proviso, paragraph (a). In section 31(1), the words from “(other” to “1906)”. Schedule 2. 1968 c. 62. | Clean Air Act 1968. | Section 11. 1972 c. 70. | Local Government Act 1972. | In section 180(3), paragraph (b). 1973 c. 65. | Local Government (Scotland) Act 1973. | In section 142(2), paragraph (b). 1974 c. 37. | Health and Safety at Work etc. Act 1974. | Section 1(1)(d) and the word “and” preceding it. Section 5. 1974 c. 40. | Control of Pollution Act 1974. | In section 76(4), the words “or work subject to the Alkali Act”. In section 78(1), the words “or work subject to the Alkali Act”. In section 79(4), the words “or work subject to the Alkali Act”. In section 80(3), the words “or work subject to the Alkali Act”. In section 84(1), the definition of “a work subject to the Alkali Act”. In section 103(1)(a), the words “Alkali Act or the”. In section 105(1), the definition of “the Alkali Act”. 1990 c. 43 | Environmental Protection Act 1999 | In section 79(10), the words following “Part I”. Note: The repeal of the Alkali, &c. Works Regulation Act 1906 does not extend to Northern Ireland. Part II Enactments Relating to Waste on Land Chapter | Short title | Extent of repeal 1974 c. 40. | Control of Pollution Act 1974. | Sections 1 to 21. Sections 27 to 30. 1978 c. 3. | Refuse Disposal (Amenity) Act 1978. | Sections 1. 1982 c. 45. | Civic Government (Scotland) Act 1982. | Sections 124 and 125 and in section 126, subsections (1) and (3). 1988 c. 9. | Local Government Act 1988. | In Schedule 1, in paragraph 1, in sub-paragraph (1) the words “in the application of this Part to England and Wales,” and sub-paragraph (4). 1989 c. 14. | Control of Pollution (Amendment) Act 1989. | In section 7(2), paragraph (b) and the word “and” preceding it. In section 9, in subsection (1), the definition of “disposal authority” and subsection (2). 1989 c. 15. | Water Act 1989. | In Schedule 25, in paragraph 48, sub-paragraphs (1) to (6). 1989 c. 29. | Electricity Act 1989. | In Schedule 16, paragraph 18. 1990 c. 43. | Environmental Protection Act 1990. | In section 34(3)(b), the words following “below”. Section 36(8). Note: The repeal in the Refuse Disposal (Amenity) Act 1978 does not extend to Scotland. Part III Enactments Relating to Statutory Nuisances Chapter | Short title | Extent of repeal 1936 c. 49. | Public Health Act 1936. | Sections 91 to 100. Sections 107 and 108. Sections 109 and 110. In section 267(4), “III” 1956 c. 52. | Clean Air Act 1956. | Section 16. In section 30(1), the words from “or a nuisance” to “existed”. 1960 c. 34. | Radioactive Substances Act 1960. | In Schedule 1— (a) In paragraph 3, the words “and ninety-two”; (b) in paragraph 3, the words “subsection (2) of section one hundred and eight”; and (c) in paragraph 8, the words “and sixteen”. 1961 c. 64. | Public Health Act 1961. | Section 72. 1963 c. 33. | London Government Act 1963. | In Schedule 11, in Part I, paragraph 20. 1963 c. 41. | Offices, Shops and Railway Premises Act 1963. | Section 76(3). 1969 c. 25. | Public Health (Recurring Nuisances) Act 1969. | The whole Act. 1972 c. 70. | Local Government Act 1972. | In section 180(3), paragraph (j). In Schedule 14— (a) in paragraph 4, the words “107(1) and (2), 108”; (b) paragraph 11; and (c) paragraph 12. 1974 c. 40. | Control of Pollution Act 1974. | In section 57, paragraph (a). Sections 58 and 59. In section 69, in subsection (1), paragraph (a) and, in paragraph (c), the words “section 59(2) or”, and in subsection (3) the words “section 59(6) or” and paragraph (i). In Schedule 2, paragraphs 11 and 12. 1982 c. 30. | Local Government (Miscellaneous Provisions) Act 1982. | Section 26(1) and (2). 1989 c. 17. | Control of Smoke Pollution Act 1989. | Section 1. 1990 c. 8. | Town and Country Planning Act 1990. | In Schedule 17, paragraph 1. Note: The repeals in the Clean Air Act 1956, the Control of Pollution Act 1974 and the Control of Smoke Pollution Act 1989 do not extend to Scotland. Part IV Enactments Relating to Litter Chapter | Short title | Extent of repeal 1974 c. 40. | Control of Pollution Act 1974. | Section 22(1) and (2). 1982 c. 43 | Local Government and Planning (Scotland) Act 1982. | Section 25(1). 1983 c. 35. | Litter Act 1983. | Section 1 and 2. Section 12(1). 1986 c. ii. | Berkshire Act 1986. | Section 13. 1987 c. xi. | Exeter City Council Act 1987. | Section 24. 1988 c. viii. | City of Westminster Act 1988. | The whole Act. 1990 c. vii. | London Local Authorities Act 1990. | Section 43. Part V Enactments Relating to Radioactive Substances Chapter | Short title | Extent of repeal 1960 c. 34. | Radioactive Substances Act 1960. | Section 2(1). In section 4, subsection (1) and in subsection (2) the word “further”. Section 7(3)(a). Section 8(1)(a). In section 12, subsection (1), in subsection (2)(b) the words “of waste” and, at the end “and”, and in subsection (3)(b) the words “subsection (1) or”. In section 19(1) the definition of “the Minister”. Section 21(4). In Schedule 1, paragraphs 9 and 11. Part VI Enactments Relating to Nature Conservation and Countryside Matters Chapter | Short title | Extent of repeal 1968 c. 41. | Countryside Act 1968. | In section 15(2), the words “in the national interest”. Section 19. In section 46(2), the words “and (2)” 1973 c. 54. | Nature Conservancy Council Act 1973. | In section 1, subsections (1), (2) and (4) to (8). Sections 2 and 4. In Schedule 1, paragraphs 6, 10 and 12. In Schedule 3, Parts I and II. 1981 c. 69. | Wildlife and Countryside Act 1981. | In section 34(6) the words “and Wales”. Section 38. In section 43(1A) the words “by the Countryside Commission”. In Schedule 13, paragraph 5. Part VII Enactments Relating to Hazardous Substances Chapter | Short title | Extent of repeal 1972 c. 52. | Town and Country Planning (Scotland) Act 1972. | In section 56A(1), the words “and to section 56B below”. Section 56B. In section 56E(2)(e) and 56K(5)(b), the words “or Health and Safety Commission”. In section 56F(1), the words “and (3)”. Section 56F(3). Section 56H(5). In section 56J(5), the words from “other” to “applies”. In section 56M(3), the words “Subject to subsection (4) below,”. Section 56M(4). In section 56N, in subsection (1)(b), the words from “or” to “would be” and subsection (2). In section 56O, the definition of “the appropriate body” and the word “and” immediately following. 1986 c. 63. | Housing and Planning Act 1986. | In Part II of Schedule 7, in paragraph 8 the word “56B,”. 1989 c. 29. | Electricity Act 1989. | In Schedule 17, paragraph 37(1)(b). 1990 c. 10. | Planning (Hazardous Substances) Act 1990. | In section 1, the words “2 or”. Section 2. Section 3(6). In section 9(2)(e) and 18(2)(b), the words “or Health and Safety Commission”. In section 11(7), the words “to the conditions that”.Section 13(7). In section 15(1), the words from “other” to “applies)”. Section 20(6). Section 21(7). Section 27(4). In section 28(1), the words “authority who are a” and the words “by virtue of section 1 or 3”. In section 28(1)(b), the words “or but for section 2 would be”. Section 28(2). In section 29(6), the definition of “the appropriate body” and the word “and” immediately following that definition. In section 30(1), the words “by virtue of section 1 or 3”. Section 33. In section 38(2), the words “(being a local planning authority)”. In section 39(2), the entries for “the 1971 Act”, “the appropriate Minister” and “operational land”. In section 39(4), the words “2,” and “and his undertaking a statutory undertaking”. In section 39(5), the word “2,”, in the first place it occurs and the words following “undertaker” in the second place it occurs. In section 39(6), the words “and their undertakings statutory undertakings”.Section 39(7) and (8). 1990 c. 11. | Planning (Consequential Provisions) Act 1990. | In Schedule 2, paragraph 82(2). Part VIII Enactments Relating to Deposits at Sea Chapter | Short title | Extent of repeal 1985 c. 48. | Food and Environment Protection Act 1985. | Section 5(c), (d) and (e)(iii). Section 6(1)(a)(iii). Schedule 4. Part IX Miscellaneous Enactments Chapter | Short title | Extent of repeal 1906 c. 32. | Dogs Act 1906. | Section 4(1). 1974 c. 40. | Control of Pollution Act 1974. | Section 100. 1982 c. 45. | Civic Government (Scotland) Act 1982. | Section 128(1). 1982 c. 48. | Criminal Justice Act 1982. | Section 43. 1988 c. 9. | Local Government Act 1988. | Section 39(2) and (4). 1988 c. 33. | Criminal Justice Act 1988. | Section 58.

Propose a change

← Find another law