Environmental Protection Act 1990

138 Winding up and dissolution of Nature Conservancy Council.

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139 Transitional provisions and savings.

Schedule 11 to this Act (which contains transitional provisions and savings relating to this Part) shall have effect.

140 Power to prohibit or restrict the importation, use, supply or storage of injurious substances or articles.

(1) The Secretary of State may by regulations prohibit or restrict— (a) the importation into and the landing and unloading in the United Kingdom, (b) the use for any purpose, (c) the supply for any purpose, and (d) the storage, of any specified substance or article if he considers it appropriate to do so for the purpose of preventing the substance or article from causing pollution of the environment or harm to human health or to the health of animals or plants. (2) Any such prohibition or restriction may apply— (a) in all, or only in specified, areas; (b) in all, or only in specified, circumstances or if conditions imposed by the regulations are not complied with; and (c) to all, or only to specified descriptions of, persons. (3) Regulations under this section may— (a) confer on the Secretary of State power to direct that any substance or article whose use, supply or storage is prohibited or restricted is to be treated as waste or controlled waste of any description and in relation to any such substance or article— (i) to apply, with or without modification, specified provisions of Part II; or (ii) to direct that it be disposed of or treated in accordance with the direction; (b) confer on the Secretary of State power, where a substance or article has been imported, landed or unloaded in contravention of a prohibition or restriction imposed under subsection (1)(a) above, to require that the substance or article be disposed of or treated in or removed from the United Kingdom; (c) confer powers corresponding to those conferred by section 108 of the Environment Act 1995 on persons authorised for any purpose of the regulations by the Secretary of State or any local or other authority; and (d) include such other incidental and supplemental, and such transitional provisions, as the Secretary of State considers appropriate. (4) The Secretary of State may, by regulations under this section, direct that, for the purposes of any power conferred on him under subsection (3)(b) above, any prohibition or restriction on the importation into or the landing and unloading in the United Kingdom imposed— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) by or under any enactment, shall be treated as imposed under subsection (1)(a) above and any power conferred on him under subsection (3)(b) above shall be exercisable accordingly. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Subject to subsection (7) below, it shall be the duty of the Secretary of State before he makes any regulations under this section other than regulations under subsection (4) above— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) ... to publish in the London Gazette and, if the regulations apply in Scotland or Northern Ireland, the Edinburgh Gazette or, as the case may be, Belfast Gazette and in any other publication which he considers appropriate, a notice indicating the effect of the proposed regulations and specifying— (i) the date on which it is proposed that the regulations will come into force; (ii) a place where a draft of the proposed regulations may be inspected free of charge by members of the public during office hours; and (iii) a period of not less than fourteen days, beginning with the date on which the notice is first published, during which representations in writing may be made to the Secretary of State about the proposed regulations; and (c) to consider any representations which are made to him in accordance with the notice. (7) The Secretary of State may make regulations under this section in relation to any substance or article without observing the requirements of subsection (6) above where it appears to him that there is an imminent risk, if those requirements are observed, that serious pollution of the environment will be caused. (8) The Secretary of State may, after performing the duty imposed on him by subsection (6) above with respect to any proposed regulations, make the regulations either— (a) in the form of the draft mentioned in subsection (6)(b) above, or (b) in that form with such modifications as he considers appropriate; but the Secretary of State shall not make any regulations incorporating modifications unless he is of opinion that it is appropriate for the requirements of subsection (6) above to be disregarded. (9) Regulations under this section may provide that a person who contravenes or fails to comply with a specified provision of the regulations or causes or permits another person to contravene or fail to comply with a specified provision of the regulations commits an offence and may prescribe the maximum penalty for the offence. (10) No offence under the regulations shall be made punishable with imprisonment for more than two years or punishable on summary conviction with a fine exceeding level 5 on the standard scale (if not calculated on a daily basis) or, in the case of a continuing offence, exceeding one-tenth of the level on the standard scale specified as the maximum penalty for the original offence. — (a) exceeding one-tenth of the level on the standard scale specified as the maximum penalty for the original offence, or (b) if there is no maximum penalty for the original offence, exceeding one-tenth of the greater of £5,000 or level 4 on the standard scale. (10A) Regulations under this section may provide for an enforcement officer to give to a person whom the enforcement officer has reason to believe has committed an offence under the regulations a notice offering the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty not exceeding level 3 on the standard scale. (10B) In subsection (10A), an “enforcement officer” means a person referred to in subsection (3)(c). (10C) Where provision under subsection (10A) is made in regulations under this section, the regulations may— (a) provide for the amount of the fixed penalty to be different in different cases or descriptions of case, (b) impose requirements on persons to whom a fixed notice is given to provide their name, address and date of birth, (c) create offences for failure to comply with requirements mentioned in paragraph (b), subject to a maximum penalty, on summary conviction, of a fine not exceeding level 3 on the standard scale, (d) enable enforcement officers to give certificates as to proof of payment or non-payment of a fixed penalty and for such certificates to be evidence of the facts stated in them. (10D) Where provision under subsection (10A) is made in regulations under this section, the regulations must require a fixed penalty notice— (a) to set out the particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence, (b) to set out the amount of the fixed penalty, (c) if the amount of the fixed penalty may be discounted in certain circumstances, to set out those circumstances and the amount of the discount, (d) to set out the period within which the fixed penalty is to be paid, the person to whom it is to be paid and the arrangements for doing so, (e) to set out the effect of paying the fixed penalty within the payment period and the consequences of not paying the fixed penalty within that period. (11) In this section— “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; “the environment” means the air, water and land, or any of those media, and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground; “specified” means specified in the regulations; and “substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour and it includes mixtures of substances.

141 Power to regulate the importation or exportation of waste or the transit of waste for export.

(1) The Secretary of State may, by regulations, make provision for, about or connected with the regulation of the importation or exportation of waste or the transit of waste for export. (1A) Provision that may be made in regulations under this section includes provision prohibiting or restricting— (a) the importation of waste; (b) the landing and unloading of waste in the United Kingdom; (c) the exportation of waste; (d) the loading of waste for exportation; (e) the transit of waste for export. (1B) The provision that may be made by virtue of subsection (1A) includes provision which relates to— (a) the intended final destination of waste, or (b) the countries or territories it is intended to pass through before reaching that destination. (2) Regulations under this section may make different provision for different descriptions of waste or waste of any description in different circumstances. (3) Regulations under this section may confer functions on the Secretary of State or a waste regulation authority, including functions— (a) involving the exercise of a discretion; (b) relating to enforcement. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Regulations under this section may— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (aa) provide for the Secretary of State to issue general directions as to the exercise by waste regulation authorities of their functions in connection with the regulation of the importation or exportation of waste or the transit of waste for export; (b) impose or provide for the imposition of prohibitions either absolutely or only if conditions or procedures ... are not complied with; (ba) provide for the charging by waste regulation authorities of fees or charges payable by persons involved in the importation or exportation of waste or the transit of waste for export; (bb) provide that such fees or charges may be used by waste regulation authorities to meet costs incurred in exercising their functions in connection with the regulation of those activities; (c) impose duties to be complied with before, on or after any importation or exportation of waste by persons who are, or are to be, consignors, consignees, carriers or holders of the waste or any waste derived from it; (d) confer powers corresponding, with or without modifications, to section 108(4) of the Environment Act 1995 (powers of entry and seizure) on persons authorised by the Secretary of State or a waste regulation authority; (e) provide for appeals to the Secretary of State from determinations made by waste regulation authorities; (f) provide for the keeping by the Secretary of State, waste regulation authorities and waste collection authorities of public registers of information relating to the importation and exportation of waste and for the transmission of such information between any of those persons; (fa) make provision authorising the disclosure of information by Officers of Revenue and Customs to waste regulation authorities; (fb) confer, on persons designated as general customs officials under section 3(1) of the Borders, Citizenship and Immigration Act 2009, functions relating to the seizure and detention of waste that has arrived at, or entered into, the United Kingdom or is to leave the United Kingdom; (g) create offences, subject to the limitation that no offence shall be punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than the prescribed term or a fine exceeding level 5 on the standard scale (if not calculated on a daily basis) or, in the case of a continuing offence, exceeding one-tenth of the level on the standard scale specified as the maximum penalty for the original offence. — (i) exceeding one-tenth of the level on the standard scale specified as the maximum penalty for the original offence, or (ii) if there is no maximum penalty for the original offence, exceeding one-tenth of the greater of £5,000 or level 4 on the standard scale. (h) make provision for, about or connected with the imposition of civil sanctions. (5A) In subsection (5)(g), “the prescribed term” means— (a) in relation to England and Wales, where the offence is a summary offence, 51 weeks; (b) in relation to England and Wales, where the offence is triable either way, the general limit in a magistrates’ court; (c) in relation to Scotland and Northern Ireland, six months. (5AA) Regulations under this section that— (a) make provision for a summary offence under the law of England and Wales to be punishable with imprisonment for more than 6 months (“the relevant provision”), and (b) are made— (i) on or after 2 May 2022, but (ii) before the day on which section 281(5) of the Criminal Justice Act 2003 comes into force, must also provide that, in relation to an offence committed before the day referred to in paragraph (b)(ii), any reference in the relevant provision to a term of imprisonment of more than 6 months is to be read as a reference to a term of imprisonment of 6 months. (5B) For the purposes of this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings). (5C) The regulations may make provision for, about or connected with the imposition of a sanction of that kind whether or not— (a) the conduct in respect of which the sanction is imposed constitutes an offence, or (b) the person imposing it is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008. (5D) Regulations under this section may make provision in relation to any area of sea or seabed or its subsoil within the seaward limits of— (a) the area designated by Order in Council under section 1(7) of the Continental Shelf Act 1964 (designation of continental shelf), or (b) the area designated by Order in Council under section 41(3) of the Marine and Coastal Access Act 2009 (designation of exclusive economic zone). (5E) Regulations under this section may make consequential, supplementary, incidental, transitional or saving provision, including provision amending, repealing or revoking primary legislation or assimilated direct legislation. (6) In this section— “the environment” means land, water and air or any of them; “exportation”, in relation to waste, means causing it to leave the United Kingdom; “harm” includes offence to any of man’s senses; “importation”, in relation to waste, means causing it to arrive at, or enter into, the United Kingdom; “primary legislation” means— an Act of Parliament, a Measure or Act of Senedd Cymru, an Act of the Scottish Parliament, or Northern Ireland legislation; “transit of waste for export” means the transportation or keeping of waste, that has arrived at, or has entered, the United Kingdom, for the purpose of facilitating its leaving the United Kingdom; “waste”, “waste collection authority”, and “waste regulation authority” have the same meaning as in Part II; and “the United Kingdom” includes its territorial sea. (7) In the application of this section to Northern Ireland and the territorial sea of the United Kingdom adjacent to Northern Ireland “waste regulation authority” means the Department of the Environment for Northern Ireland.

142 Powers to obtain information about potentially hazardous substances.

(1) The Secretary of State may, for the purpose of assessing their potential for causing pollution of the environment or harm to human health, by regulations make provision for and in connection with the obtaining of relevant information relating to substances which may be specified by him by order for the purposes of this section. (2) The Secretary of State shall not make an order under subsection (1) above specifying any substance— (a) which was first supplied in any member State or in the United Kingdom on or after 18th September 1981; or (b) in so far as it is a regulated substance for the purposes of any relevant enactment. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Regulations under this section may— (a) prescribe the descriptions of relevant information which are to be furnished under this section in relation to specified substances; (b) impose requirements on manufacturers, importers or suppliers generally to furnish information prescribed under paragraph (a) above; (c) provide for the imposition of requirements on manufacturers, importers or suppliers generally to furnish relevant information relating to products or articles containing specified substances in relation to which information has been furnished in pursuance of paragraph (b) above; (d) provide for the imposition of requirements on particular manufacturers, importers or suppliers to furnish further information relating to specified substances in relation to which information has been furnished in pursuance of paragraph (b) above; (e) provide for the imposition of requirements on particular manufacturers or importers to carry out tests of specified substances and to furnish information of the results of the tests; (f) authorise persons to comply with requirements to furnish information imposed on them by or under the regulations by means of representative persons or bodies; (g) impose restrictions on the disclosure of information obtained under this section and provide for determining what information is, and what information is not, to be treated as furnished in confidence; (h) create offences, subject to the limitation that no offence shall be punishable with imprisonment or punishable on summary conviction with a fine exceeding level 5 on the standard scale; (i) make any public authority designated by the regulations responsible for the enforcement of the regulations to such extent as may be specified in the regulations; (j) include such other incidental and supplemental, and such transitional, provisions as the Secretary of State considers appropriate. (5) The Secretary of State shall have regard, in imposing or providing for the imposition of any requirement under subsection (4)(b), (c), (d) or (e) above, to the cost likely to be involved in complying with the requirement. (6) In this section— “the environment” means the air, water and land or any of them; “relevant information”, in relation to substances, products or articles, means information relating to their properties, production, distribution, importation or use or intended use and, in relation to products or articles, to their disposal as waste; “substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour and it includes mixtures of substances. (7) The enactments which are relevant for the purposes of subsection (2)(b) above are the following— the Explosives Regulations 2014; the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) in relation to radioactive material or radioactive waste; Parts 3 to 8 and 16 of the Human Medicines Regulations 2012; Part IV of the Agriculture Act 1970; the Misuse of Drugs Act 1971; Part III of the Food and Environment Protection Act 1985; . . . the Food Safety Act 1990; the Veterinary Medicines Regulations 2006; and a substance is a regulated substance for the purposes of any such enactment in so far as any prohibition, restriction or requirement is imposed in relation to it by or under the enactment for the purposes of that enactment.

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144 Amendments of hazardous substances legislation.

Schedule 13 to this Act (which contains miscellaneous amendments to the legislation relating to hazardous substances) shall have effect.

145 Penalties for offences of polluting controlled waters etc.

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146 Deposits of substances and articles in the sea, etc.

(1) Part II of the Food and Environment Protection Act 1985 (under which licences are required for deposits by British vessels etc at sea anywhere or by foreign vessels etc in United Kingdom waters or, in certain circumstances, within British fishery limits) shall be amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In section 21 (penalties for offences)— (a) in subsection (2), for the words “2(4) and 9(1)” there shall be substituted the words “and 2(4)”; and (b) after that subsection, there shall be inserted the following subsection— (2A) A person guilty of an offence under section 9(1) shall be liable— (a) on summary conviction, to a fine of an amount not exceeding £50,000; and (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) In Schedule 2 (powers in relation to vessels, aircraft, etc. for the purposes of Part I or Part II or both Parts of the Act), in paragraph 3(3) (removal to United Kingdom), after the words “Part I” there shall be inserted the words “or II”.

147 Public registers relating to deposits in the sea and incineration at sea.

In Part II of the Food and Environment Protection Act 1985, for section 14 (registers of licences) there shall be substituted the following section— Duty of licensing authority to keep public registers of information. 14 (1) It shall be the duty of each licensing authority, as respects licences for which it is the licensing authority, to maintain, in accordance with regulations, a register containing prescribed particulars of or relating to— (a) applications for licences made to that authority; (b) the licences issued by that authority; (c) variations of licences effected by that authority; (d) revocations of licences effected by that authority; (e) convictions for any offences under section 9 above; (f) information obtained or furnished in pursuance of section 8(3), (4) or (5) above; (g) the occasions on which either of the Ministers has carried out any operation under section 10 above; and (h) such other matters relating to operations for which licences are needed under this Part of this Act as may be prescribed. (2) No information shall be included in any register which, in the opinion of either of the Ministers, is such that its disclosure on the register— (a) would be contrary to the interests of national security, or (b) would prejudice to an unreasonable degree some person’s commercial interests. (3) Information excluded from a register by virtue of subsection (2)(b) above shall be treated as ceasing to prejudice a person’s commercial interests at the expiry of the period of four years beginning with the date on which the Minister made his decision under that subsection; but, on the application of any person to whom it relates, the Minister shall decide whether the information should be included or continue to be excluded from the register. (4) Where information of any description is excluded from a register by virtue of subsection (2)(b) above, a statement shall be entered in the register indicating the existence of information of that description. (5) It shall be the duty of each licensing authority— (a) to secure that the register maintained by the authority under this section is available, at all reasonable times, for inspection by the public free of charge; and (b) to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges. (6) Registers under this section may be kept in any form. (7) In this section “prescribed” means prescribed in regulations. (8) Either of the Ministers may exercise any power to make regulations under this section and any such power shall be exercisable by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament.

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149 Seizure of stray dogs.

(1) Every local authority shall appoint an officer (under whatever title the authority may determine) for the purpose of discharging the functions imposed or conferred by this section for dealing with stray dogs found in the area of the authority. (2) The officer may delegate the discharge of his functions to another person but he shall remain responsible for securing that the functions are properly discharged. (3) Where the officer has reason to believe that any dog found in a public place or on any other land or premises is a stray dog, he shall (if practicable) seize the dog and detain it, but, where he finds it on land or premises which is not a public place, only with the consent of the owner or occupier of the land or premises. (4) Where any dog seized under this section wears a collar having inscribed thereon or attached thereto the address of any person, or the owner of the dog is known, the officer shall serve on the person whose address is given on the collar, or on the owner, a notice in writing stating that the dog has been seized and where it is being kept and stating that the dog will be liable to be disposed of if it is not claimed within seven clear days after the service of the notice and the amounts for which he would be liable under subsection (5) below are not paid. (5) A person claiming to be the owner of a dog seized under this section shall not be entitled to have the dog returned to him unless he pays all the expenses incurred by reason of its detention and such further amount as is for the time being prescribed. (6) Where any dog seized under this section has been detained for seven clear days after the seizure or, where a notice has been served under subsection (4) above, the service of the notice and the owner has not claimed the dog and paid the amounts due under subsection (5) above the officer may dispose of the dog— (a) by selling it or giving it to a person who will, in his opinion, care properly for the dog; (b) by selling it or giving it to an establishment for the reception of stray dogs; or (c) by destroying it in a manner to cause as little pain as possible; but no dog seized under this section shall be sold or given for the purposes of vivisection. (7) Where a dog is disposed of under subsection (6)(a) or (b) above to a person acting in good faith, the ownership of the dog shall be vested in the recipient. (8) The officer shall keep a register containing the prescribed particulars of or relating to dogs seized under this section and the register shall be available, at all reasonable times, for inspection by the public free of charge. (9) The officer shall cause any dog detained under this section to be properly fed and maintained. (10) Notwithstanding anything in this section, the officer may cause a dog detained under this section to be destroyed before the expiration of the period mentioned in subsection (6) above where he is of the opinion that this should be done to avoid suffering. (11) In this section— “local authority”, in relation to England . . ., means a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly in relation to Wales, means a county council or a county borough council and, in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; “officer” means an officer appointed under subsection (1) above; “prescribed” means prescribed in regulations made by the Secretary of State; and “public place” means— as respects England and Wales, any highway and any other place to which the public are entitled or permitted to have access; as respects Scotland, any road (within the meaning of the Roads (Scotland) Act 1984) and any other place to which the public are entitled or permitted to have access; and, for the purposes of section 160 below in its application to this section, the proper address of the owner of a dog which wears a collar includes the address given on the collar.

150 Delivery of stray dogs to . . . local authority officer.

(1) Any person (in this section referred to as “the finder”) who takes possession of a stray dog shall forthwith either— (a) return the dog to its owner; or (b) take the dog— (i) to the officer of the local authority for the area in which the dog was found; . . . (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and shall inform the officer of the local authority . . . where the dog was found. (2) Where a dog has been taken under subsection (1) above to the officer of a local authority, then— (a) if the finder desires to keep the dog, he shall inform the officer of this fact and shall furnish his name and address and the officer shall, having complied with the procedure (if any) prescribed under subsection (6) below, allow the finder to remove the dog; (b) if the finder does not desire to keep the dog, the officer shall, unless he has reason to believe it is not a stray, treat it as if it had been seized by him under section 149 above. (3) Where the finder of a dog keeps the dog by virtue of this section he must keep it for not less than one month. (4) In Scotland a person who keeps a dog by virtue of this section for a period of two months without its being claimed by the person who has right to it shall at the end of that period become the owner of the dog. (5) If the finder of a dog fails to comply with the requirements of subsection (1) or (3) above he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. (6) The Secretary of State may, by regulations, prescribe the procedure to be followed under subsection (2)(a) above. (7) In this section “local authority” and “officer” have the same meaning as in section 149 above.

151 Enforcement of orders about collars and tags for dogs.

(1) Section 13 of the Animal Health Act 1981 (orders for control, etc. of dogs) shall be amended by the insertion, after subsection (2), of the following subsections— (3) An order under subsection (2)(a) above may include provision for the execution and enforcement of the order by the officers of local authorities (and not by the police force for any area). (4) In subsection (3) above “local authority” and “officer” have the same meaning as in section 149 of the Environmental Protection Act 1990. (2) In section 50(1) of that Act (meaning of “local authority”) at the end there shall be inserted the words “and to section 13(3) above”. (3) In section 60(1) of that Act (enforcement), at the end, there shall be inserted the words “but subject, in the case of orders under section 13, to any provision made under subsection (3) of that section.”

152 Burning of straw and stubble etc.

(1) The appropriate Minister may by regulations prohibit or restrict the burning of crop residues on agricultural land by persons engaged in agriculture and he may (by the same or other regulations) provide exemptions from any prohibition or restriction so imposed. (2) Regulations providing an exemption from any prohibition or restriction may make the exemption applicable— (a) in all, or only in specified, areas; (b) to all, or only to specified, crop residues; or (c) in all, or only in specified, circumstances. (3) Any power to make regulations under this section includes power— (a) to make different provision for different areas or circumstances; (b) where burning of a crop residue is restricted, to impose requirements to be complied with before or after the burning; (c) to create offences subject to the limitation that no offence shall be made punishable otherwise than on summary conviction and the fine prescribed for the offence shall not exceed level 5 on the standard scale; and (d) to make such incidental, supplemental and transitional provision as the appropriate Minister considers appropriate. (4) Where it appears to the appropriate Minister appropriate to do so in consequence of any regulations made under the foregoing provisions of this section, the appropriate Minister may, by order, repeal any byelaws of local authorities dealing with the burning of crop residues on agricultural land. (5) In this section— “agriculture” and “agricultural land” have, as respects England or as respects Wales, the same meaning as in the Agriculture Act 1947 and, as respects Scotland, the same meaning as in the Agriculture (Scotland) Act 1948; “crop residue” means straw or stubble or any other crop residue; “the appropriate Minister” means the Minister of Agriculture, Fisheries and Food or the Secretary of State or both of them.

153 Financial assistance for environmental purposes.

(1) The Secretary of State may, with the consent of the Treasury, give financial assistance to, or for the purposes of, any of the following— (za) Cenex (Centre of Excellence for Low Carbon and Fuel Cell Technologies) in relation to its activities as respects England and Wales and Northern Ireland; (a) the United Nations Environment Programme; (b) the European Environmental Bureau; (c) the chemicals programme of the Organisation for Economic Co-operation and Development; (d) the joint inter-Governmental panel on Climate Change of the United Nations Environment Programme and the World Meteorological Organisation; (e) the International Union for the Conservation of Nature and Natural Resources; (f) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; (g) the Convention on Wetlands of International Importance Especially as Waterfowl Habitat; (h) the Convention on Long-range Transboundary Air Pollution and any protocol to that Convention; (i) the Convention and Protocol for the Protection of the Ozone Layer; (j) the Convention on the Conservation of Migratory Species of Wild Animals; (k) the Groundwork Foundation and Trusts; (l) the environmental protection technology scheme for research and development in the United Kingdom in relation to such technology; (m) the programme known as the special grants programme so far as it relates to the protection, improvement or better understanding of the environment of, or of any part of, Great Britain. (n) the programmes of regional and islands councils in Scotland, as local authorities exercising functions under the Sewerage (Scotland) Act 1968, for the carrying out of works to improve the quality of inland, coastal and relevant territorial waters, as defined in section 30A of the Control of Pollution Act 1974, or otherwise to benefit the environment. (n) the Royal Society for the Encouragement of Arts, Manufactures and Commerce so far as its activities relate to the protection, improvement or better understanding of the environment. (o) UK 2000 Scotland. (p) the programme known as the Environment Wales programme so far as it relates to the protection, improvement or better understanding of the environment of, or of any part of, Wales. (q) the grant programme known as the Environmental Action Fund; (r) the programmes or schemes of the United Nations Habitat and Human Settlements Foundation; (s) the programmes or schemes of the International Federation for Housing and Planning so far as they relate to the protection, improvement or better understanding of the environment; (t) the programmes or schemes of the INTA.AIVN-International Urban Development Association so far as they relate to the protection, improvement or better understanding of the environment; (u) the scheme known as the Darwin Initiative for the Survival of Species that provides support for the conservation and sustainable use of biological resources and habitats and for the furtherance of the aims of the Convention on Biological Diversity. (v) the programme known as the Promotion of Positive Environmental Management in Industry Programme. (w) any national or international architectural award scheme or competition scheme relating to the protection, improvement or better understanding of the environment; (x) the National Forest Company. (y) the Energy Saving Trust Limited. (z) the Convention on Biological Diversity; (aa) the United Nations Framework Convention on Climate Change. (bb) the programme known as Radon Measurement and Support for Remedial Works Campaigns in England; (cc) the programme known as the Mersey Basin Campaign, in so far as it relates to the protection, improvement or better understanding of the environment, administered by the Mersey Basin Business Foundation; (dd) Going For Green Limited, in so far as the activities of that company relate to the protection, improvement or better understanding of the environment. (ee) the programme known as the Sustainable Action Fund. (ff) The Tidy Britain Group. (gg) The Wales Wildlife and Countryside Link. (hh) Environmental Campaigns Limited. (ii) the Convention for the Protection of the Marine Environment of the North East Atlantic. (jj) the programme known as Pollution Emergency Response Services; (kk) the programme known as the Waste and Resources Action Programme; (ll) the Protocol on Energy Efficiency and Related Environmental Aspects to the Energy Charter Treaty; (mm) Zero Waste Scotland; (nn) any scheme or programme for the storage, treatment or disposal of any material or product for the purpose of preventing or reducing environmental damage; (oo) the programme known as the Waste Minimisation and Recycling Programme; (pp) the Carbon Trust; (qq) the fund known as the Aggregates Levy Sustainability Fund; (rr) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (rr) any scheme or programme for the purpose of preventing or reducing waste, or of promoting resource efficiency, including (without prejudice to those generalities) the Zero Waste programme; (ss) the Carbon Trust; (tt) any scheme for the regulation of emissions from motor vehicles. (uu) the scheme known as the Bio-energy Infrastructure Scheme for Scotland. (uu) the International Sustainable Development Fund; (vv) the scheme known as the Bio-energy Infrastructure Scheme. (ww) the scheme known as the World Summit on Sustainable Development Implementation Fund; (xx) the programme known as the Envirowise Programme, in relation to its activities in England. (yy) the Zero Carbon Hub Limited. (zz) the scheme known as the Community and Renewable Energy Scheme. (z1) the programme known as the Low Carbon Infrastructure Transition Programme. (z2) any programme of measures to achieve, in relation to a body of water, environmental objectives of the kind that may be set in relation to that body of water under Part 1 of the Water Environment and Water Services (Scotland) Act 2003 or (as the case may be) schedule 1 of the Water Environment(WaterFrameworkDirective) (Solway Tweed River Basin District) Regulations 2004. (z3) the programme known as the Scottish Industrial Energy Transformation Fund. (z4) a regional land use partnership as defined in section 35(7) of the Climate Change (Scotland) Act 2009, so far as its activities relate to the protection, improvement or better understanding of the environment; (z5) any scheme, programme or organisation for the purposes of assessing— (i) greenhouse gas emissions from land (including from the use of land), (ii) the potential for reducing those emissions; (z6) any scheme, programme or organisation for the purposes of assessing— (i) biodiversity supported by land, (ii) the potential for improving that diversity; (z7) any scheme, programme or organisation for the purposes of assessing— (i) soil quality, (ii) the potential for improving the capacity of soil to support life (whether directly or indirectly); (z8) any scheme, programme or organisation for the purposes of eliminating or reducing greenhouse gas emissions from the heating of buildings; (z9) any scheme, programme or organisation for the purposes of improving the energy efficiency of buildings; (z10) any scheme, programme or organisation for the purposes of the protection, improvement or better understanding of air quality. (aaa) the Low Carbon Vehicle Partnership Limited, in relation to its activities as respects England and Wales; (a) the United Nations Environment Programme; (b) the European Environmental Bureau; (c) the chemicals programme of the Organisation for Economic Co-operation and Development; (d) the joint inter-Governmental panel on Climate Change of the United Nations Environment Programme and the World Meteorological Organisation; (e) the International Union for the Conservation of Nature and Natural Resources; (f) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; (g) the Convention on Wetlands of International Importance Especially as Waterfowl Habitat; (h) the Convention on Long-range Transboundary Air Pollution and any protocol to that Convention; (i) the Convention and Protocol for the Protection of the Ozone Layer; (j) the Convention on the Conservation of Migratory Species of Wild Animals; (k) the Groundwork Foundation and Trusts; (l) the environmental protection technology scheme for research and development in the United Kingdom in relation to such technology; (m) the programme known as the special grants programme so far as it relates to the protection, improvement or better understanding of the environment of, or of any part of, England and Wales; (n) the Royal Society for the Encouragement of Arts, Manufactures and Commerce so far as its activities relate to the protection, improvement or better understanding of the environment; (o) the programme known as the Environment Wales programme so far as it relates to the protection, improvement or better understanding of the environment of, or of any part of, Wales; (p) the programmes or schemes of the United Nations Habitat and Human Settlements Foundation; (q) the programmes or schemes of the International Federation for Housing and Planning so far as they relate to the protection, improvement or better understanding of the environment; (r) the programmes or schemes of the INTA.AIVN-International Urban Development Association so far as they relate to the protection, improvement or better understanding of the environment; (s) the scheme known as the Darwin Initiative for the Survival of Species that provides support for the conservation and sustainable use of biological resources and habitats and for the furtherance of the aims of the Convention on Biological Diversity; (t) the programme known as the Promotion of Positive Environmental Management in Industry Programme; (u) any national or international architectural award scheme or competition scheme relating to the protection, improvement or better understanding of the environment; (v) the National Forest Company; (w) the Energy Saving Trust Limited; (x) the Convention on Biological Diversity; (y) the United Nations Framework Convention on Climate Change; (z) the programme known as Radon Measurement and Support for Remedial Works Campaigns in England; (aa) the Wales Wildlife and Countryside Link; (bb) the Convention for the Protection of the Marine Environment of the North East Atlantic; (cc) the programme known as Pollution Emergency Response Services; (dd) the programme known as the Waste and Resources Action Programme; (ee) the Protocol on Energy Efficiency and Related Environmental Aspects to the Energy Charter Treaty; (ff) the programme known as the Waste Minimisation and Recycling Programme; (gg) the Carbon Trust; (hh) the International Sustainable Development Fund; (ii) the scheme known as the Bio-energy Infrastructure Scheme; (jj) the Zero Carbon Hub Limited; (kk) the Low Carbon Vehicle Partnership Limited, in relation to its activities as respects England and Wales; (ll) Keep Britain Tidy; (mm) the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972; (nn) the International Convention for the Regulation of Whaling, 1946. (oo) any scheme, programme or organisation for the purpose of preventing or reducing waste or litter in England, or of promoting resource efficiency in England; (pp) any scheme, programme or organisation for the storage, transport, treatment or disposal of any material or product in England for the purpose of preventing or reducing environmental damage. (2) Financial assistance may be given in respect of particular activities or generally in respect of all or some part of the activities carried on or supported by the recipient. (3) Financial assistance shall be given in such form and on such terms as the Secretary of State may think fit and, in particular, assistance may be given by making grants (whether or not repayable), loans or guarantees to, or by incurring expenditure, or providing services, staff or equipment for the benefit of, the recipient. (4) The Secretary of State may, by order, vary subsection (1) above by adding to or deleting from it any description of organisation, scheme, programme or international agreement whose purposes relate to the protection, improvement or better understanding of the environment. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

154 The Groundwork Foundation: superannuation.

Employment with the Groundwork Foundation shall be and shall be deemed always to have been included among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) the words “Groundwork Foundation” shall be inserted after the words “Gaming Board for Great Britain”.

155 Remuneration of chairman of Inland Waterways Amenity Advisory Council.

In section 110 of the Transport Act 1968 (Inland Waterways Amenity Advisory Council) at the end there shall be inserted— (7) The Secretary of State may, with the consent of the Treasury, pay the chairman of the Council out of money provided by Parliament such remuneration as the Secretary of State may determine; and where the chairman is in receipt of such remuneration he shall not be paid any allowance under subsection (6) of this section in respect of loss of remunerative time.

156 Power to give effect to assimilated obligations and international obligations etc.

(1) The Secretary of State may by regulations provide that the provisions to which this section applies shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty’s Government in the United Kingdom— (a) to give effect to any assimilated obligation or exercise any related right; or (b) to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party. (2) This section applies to the following provisions of this Act— (a) Part I; (b) Part II; (c) Part VI; and (d) in Part VIII, sections 140, 141 or 142 ; and the provisions of the the Radioactive Substances Act 1993 Environmental Authorisations (Scotland) Regulations 2018. (3) In this section— “modifications” includes additions, alterations and omissions; “prescribed” means prescribed in regulations under this section; and “related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation. (4) This section, in its application to Northern Ireland, has effect subject to the following modifications, that is to say— (a) in its application in relation to Part VI and sections 140, 141, and 142, the reference to Her Majesty’s Government in the United Kingdom includes a reference to Her Majesty’s Government in Northern Ireland; and (b) in its application in relation to the Radioactive Substances Act 1960, the reference to the Secretary of State shall be construed as a reference to the Department of the Environment for Northern Ireland and the reference to Her Majesty’s Government in the United Kingdom shall be construed as a reference to Her Majesty’s Government in Northern Ireland; and regulations under it made by that Department shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

157 Offences by bodies corporate.

(1) Where an offence under any provision of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

158 Offences under Parts I, II, IV, VI, etc. due to fault of others.

Where the commission by any person of an offence under Part I, II, IV, or VI, or section 140, 141 or 142 above is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this section whether or not proceedings for the offence are taken against the first-mentioned person.

159 Application to Crown.

(1) Subject to the provisions of this section, the provisions of this Act and of regulations and orders made under it shall bind the Crown. (2) No contravention by the Crown of any provision of this Act or of any regulations or order made under it shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of any public or local authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention. (3) Notwithstanding anything in subsection (2) above, the provisions of this Act and of regulations and orders made under it shall apply to persons in the public service of the Crown as they apply to other persons. (4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to the premises, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown. (5) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act. (6) References in this section to regulations or orders are references to regulations or orders made by statutory instrument. (7) For the purposes of this section in its application to Part II and Part IV the authority charged with enforcing the provisions of those Parts in its area is— (a) in the case of Part II, any waste regulation authority, and (b) in the case of Part IV, any principal litter authority.

160 Service of notices.

(1) Any notice required or authorised by or under this Act to be served on or given to an inspector may be served or given by delivering it to him or by leaving it at, or sending it by post to, his office. (2) Any such notice required or authorised to be served on or given to a person other than an inspector may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address. (3) Any such notice may— (a) in the case of a body corporate, be served on or given to the secretary or clerk of that body; (b) in the case of a partnership, be served on or given to a partner or a person having the control or management of the partnership business. (4) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on or to whom any such notice is to be served or given shall be his last known address, except that— (a) in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body; (b) in the case of a partnership or person having the control or the management of the partnership business, it shall be the principal office of the partnership; and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom. (5) If the person to be served with or given any such notice has specified an address in the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept notices of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address. (6) The preceding provisions of this section shall apply to the sending or giving of a document as they apply to the giving of a notice.

160A Regulations and orders

(1) Regulations and orders under this Act are subject to the negative procedure, other than— (a) regulations or orders subject to the affirmative procedure by virtue of subsection (2); (b) regulations made by a Northern Ireland department under section 156 (power to give effect to assimilated obligations and international obligations); (c) an order under section 164(3) (commencement); (d) an order under paragraph 4 of Schedule 3 (statutory nuisance). (2) Regulations or orders made under a section listed in the first column of the following Table that are of the description specified in the second column are subject to the affirmative procedure— Section | Description of regulations or orders 34CA (electronic waste tracking) | regulations that— are the first set of regulations to be made by the relevant national authority (within the meaning given by section 34CA(12)) under section 34CA, provide for conduct to be a criminal offence which is not a criminal offence under existing regulations made by that authority under that section, increase the maximum penalty for a criminal offence under existing regulations made by that authority under that section, provide for conduct to be subject to a civil sanction (within the meaning given by section 34CB(4)) which is not subject to a civil sanction under existing regulations made by that authority under that section, or amend, repeal or revoke a provision contained in primary legislation (within the meaning given by section 34CB(8)) .... 34D (prohibition on disposal of food waste to sewer: Wales) | any regulations under that section. 45AZC (separation of waste) | any regulations under that section. 45AA(10) (separate collection of waste: Wales) | any regulations under that section. 46ZC(1) (civil penalty charges under section 46ZA: procedure and amount) | any regulations under that subsection. 62ZA (regulation of hazardous waste in England and Wales) | regulations that— provide for conduct to be a criminal offence which is not a criminal offence under existing regulations made by the relevant national authority (within the meaning given by section 62ZA(11)) under section 62ZA, increase the maximum penalty for a criminal offence under existing regulations made by that authority under that section, or provide for conduct to be subject to a civil sanction (within the meaning given by section 62ZA(4)) which is not subject to a civil sanction under existing regulations made by that authority under that section. 78M(4) (offences of not complying with a remediation notice) | any order under that section. 79(1ZA) (statutory nuisance) | any regulations under that section. 80ZA(11) (fixed penalty notices) | any regulations under that section. 88A (litter from vehicles: England) | regulations that include provision falling within section 88A(3)(a) or (6). 88C(5) (littering from a vehicle: Scottish civil penalty regime) | any regulations under that subsection. section 141 (imports, exports and transit of waste) | regulations that— confer powers of entry, seizure or detention in circumstances where there is no such power under existing regulations under section 141, provide for the charging of fees or charges that are not chargeable under existing regulations under that section, provide for conduct to be a criminal offence which is not a criminal offence under existing regulations under that section, increase the maximum penalty for a criminal offence under existing regulations under that section, provide for conduct to be subject to a civil sanction (within the meaning given by section 141(5B)) which is not subject to a civil sanction under existing regulations under that section, or amend, repeal or revoke a provision contained in primary legislation (within the meaning given by section 141(6)) .... (3) Regulations and orders made under this Act by the Secretary of State or the Welsh Ministers are to be made by statutory instrument, other than an order under paragraph 4 of Schedule 3. (4) Where regulations or orders under this Act made or to be made by the Secretary of State— (a) are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament; (b) are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament. (5) Where regulations or orders under this Act made or to be made by the Welsh Ministers— (a) are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of Senedd Cymru; (b) are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru. (6) See sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) for the meaning of “the negative procedure” and “the affirmative procedure” in relation to regulations or orders under this Act made or to be made by the Scottish Ministers. (7) Any provision that may be made by regulations or order under this Act subject to the negative procedure may be made subject to the affirmative procedure.

161 Directions

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2ZB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2ZC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Any power conferred by this Act to give a direction shall include power to vary or revoke the direction. (6) Any direction given under this Act shall be in writing.

162 Consequential and minor amendments and repeals.

(1) The enactments specified in Schedule 15 to this Act shall have effect subject to the amendments specified in that Schedule. (2) The enactments specified in Schedule 16 to this Act are hereby repealed subject to section 77 above, Schedule 11 to this Act and any provision made by way of a note in Schedule 16. (3) The repeal of section 124 of the Civic Government (Scotland) Act 1982 shall not affect a compulsory purchase order made for the purposes of that section under the Local Government (Scotland) Act 1973 before the coming into force of the repeal and such compulsory purchase order may be proceeded with and shall have effect as if the said section 124 had not been repealed. (4) The Secretary of State may by order repeal or amend any provision of any local Act passed before this Act (including an Act confirming a provisional order) or of any order or other instrument made under an Act so passed if it appears to him that the provision is inconsistent with, or has become unnecessary or requires alteration in consequence of, any provision of this Act or corresponds to any provision repealed by this Act. (5) Any regulations made under section 100 of the Control of Pollution Act 1974 shall have effect after the repeal of that section by subsection (2) above as if made under section 140 of this Act.

163 Financial provisions.

(1) There shall be paid out of money provided by Parliament— (a) any administrative or other expenses incurred by any Minister of the Crown in consequence of the provisions of this Act; and (b) any increase attributable to this Act in the sums payable out of money so provided under any other Act. (2) Any fees or other sums received by any Minister of the Crown by virtue of any provisions of this Act shall be paid into the Consolidated Fund.

163A Application of Part VI: England and Wales

(1) The amendments made to the provisions of Part VI by the 2002 Regulations, other than the amendment of section 127(2) as it relates to the continental shelf, have effect in relation to England only, and accordingly, in the application of that Part in relation to Wales, the provisions listed in subsection (2) below continue to have effect without the amendments made by the 2002 Regulations. (2) The provisions referred to in subsection (1) above are— (a) section 106(1) and (4) to (6); (b) section 107(2), (3), (6), (9) and (11); (c) section 111(6); (d) section 112(1) and (5); (e) section 119(1); (f) section 123(7); (g) section 127(2) in so far as it relates to the territorial sea. (3) In this section “the 2002 Regulations” means the Genetically Modified Organisms (Deliberate Release) Regulations 2002.

164 Short title, commencement and extent.

(1) This Act may be cited as the Environmental Protection Act 1990. (2) The following provisions of the Act shall come into force at the end of the period of two months beginning with the day on which it is passed, namely— sections 79 to 85; section 97; section 99; section 105 in so far as it relates to paragraphs 7, 13, 14 and 15 of Schedule 5; section 140; section 141; section 142; section 145; section 146; section 148; section 153; section 154; section 155; section 157; section 160; section 161; section 162(1) in so far as it relates to paragraphs 4, 5, 7, 8, 9, 18, 22, 24 and 31(4)(b) of Schedule 15; but, in the case of paragraph 22, in so far only as that paragraph inserts a paragraph (m) into section 7(4) of the Act of 1984; section 162(2) in so far as it relates to Part III of Schedule 16 and, in Part IX of that Schedule, the repeal of section 100 of the Control of Pollution Act 1974; section 162(5); section 163. (3) The remainder of this Act (except this section) shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different provisions or different purposes. (4) Only the following provisions of this Act (together with this section) extend to Northern Ireland, namely— section 3(5) to (8); section 62(2)(e) in so far as it relates to importation; Part V; . . ., section 127(2) in so far as it relates to the continental shelf; section 140 in so far as it relates to importation; section 141; section 142 in so far as it relates to importation; section 146; section 147; section 148; section 153 except subsection (1)(k) and (m); section 156 in so far as it relates to Part VI and sections 140, 141 and 142 in so far as they extend to Northern Ireland and in so far as it relates to the Radioactive Substances Act 1960; section 158 in so far as it relates to Part VI and sections 140, 141 and 142 in so far as they extend to Northern Ireland. (4A) Sections 45A, 45B and 47A do not extend to Scotland. (5) Where any enactment amended or repealed by this Act extends to any part of the United Kingdom, the amendment or repeal extends to that part, subject, however, to any express provision in Schedule 15 or 16.

SCHEDULE 1 AUTHORISATIONS FOR PROCESSES: SUPPLEMENTARY PROVISIONS

Section 6. Part I Grant of Authorisations Applications for authorisations 1 (1) An application to the enforcing authority for an authorisation must contain such information, and be made in such manner, as may be prescribed in regulations made by the Secretary of State. (2) An application to the enforcing authority for an authorisation must also, unless regulations made by the Secretary of State exempt applications of that class, be advertised in such manner as may be prescribed in regulations so made. (3) The enforcing authority may, by notice in writing to the applicant, require him to furnish such further information specified in the notice, within the period so specified, as the authority may require for the purpose of determining the application. (4) If a person fails to furnish any information required under sub-paragraph (3) above within the period specified thereunder the enforcing authority may refuse to proceed with the application. (5) Regulations under this paragraph may make different provision for different classes of applications. Determination of applications 2 (1) Subject to sub-paragraph (2) below, the enforcing authority shall give notice of any application for an authorisation, enclosing a copy of the application, to the persons who are prescribed or directed to be consulted under this paragraph and shall do so within the specified period for notification. (2) The Secretary of State may, by regulations, exempt any class of application from the requirements of this paragraph or exclude any class of information contained in applications for authorisations from those requirements, in all cases or as respects specified classes only of persons to be consulted. (3) Any representations made by the persons so consulted within the period allowed shall be considered by the enforcing authority in determining the application. (4) For the purposes of sub-paragraph (1) above— (a) persons are prescribed to be consulted on any description of application for an authorisation if they are persons specified for the purposes of applications of that description in regulations made by the Secretary of State; (b) persons are directed to be consulted on any particular application if the Secretary of State specifies them in a direction given to the enforcing authority; and the “specified period for notification” is the period specified in the regulations or in the direction. (5) Any representations made by any other persons within the period allowed shall also be considered by the enforcing authority in determining the application. (6) Subject to sub-paragraph (7) below, the period allowed for making representations is— (a) in the case of persons prescribed or directed to be consulted, the period of twenty-eight days beginning with the date on which notice of the application was given under sub-paragraph (1) above, and (b) in the case of other persons, the period of twenty-eight days beginning with the date on which the making of the application was advertised in pursuance of paragraph 1(2) above. (7) The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (6)(a) or (b) above, such other period as he considers appropriate. 3 (1) The Secretary of State may give directions to the enforcing authority requiring that any particular application or any class of applications for an authorisation shall be transmitted to him for determination pending a further direction under sub-paragraph (5) below. (2) The enforcing authority shall inform the applicant of the fact that his application is being transmitted to the Secretary of State. (3) Where an application for an authorisation is referred to him under sub-paragraph (1) above the Secretary of State may— (a) cause a local inquiry to be held in relation to the application; or (b) afford the applicant and the authority concerned an opportunity of appearing before and being heard by a person appointed by the Secretary of State; and he shall exercise one of the powers under this sub-paragraph in any case where, in the manner prescribed by regulations made by the Secretary of State, a request is made to be heard with respect to the application by the applicant or the enforcing authority concerned. (4) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (supplementary provisions about local inquiries under that section) or, in relation to Scotland, subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which make similar provision) shall, without prejudice to the generality of subsection (1) of either of those sections, apply to inquiries in pursuance of sub-paragraph (3) above as they apply to inquiries in pursuance of either of those sections and, in relation to England and Wales, as if the reference to a local authority in subsection (4) of the said section 250 included a reference to the enforcing authority. (5) The Secretary of State shall, on determining any application transferred to him under this paragraph, give to the enforcing authority such a direction as he thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the authorisation. 4 The Secretary of State may give the enforcing authority a direction with respect to any particular application or any class of applications for an authorisation requiring the authority not to determine or not to proceed with the application or applications of that class until the expiry of any such period as may be specified in the direction, or until directed by the Secretary of State that they may do so, as the case may be. 5 (1) Except in a case where an application has been referred to the Secretary of State under paragraph 3 above and subject to sub-paragraph (3) below, the enforcing authority shall determine an application for an authorisation within the period of four months beginning with the day on which it received the application or within such longer period as may be agreed with the applicant. (2) If the enforcing authority fails to determine an application for an authorisation within the period allowed by or under this paragraph the application shall, if the applicant notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period. (3) The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (1) above such other period as he considers appropriate and different periods may be substituted for different classes of application. Part II Variation of Authorisations Variations by the enforcing authority 6 (1) Except as provided by sub-paragraph (1A) below, The requirements of this paragraph apply where an enforcing authority has decided to vary an authorisation under section 10 and is of the opinion that any action to be taken by the holder of the authorisation in consequence of the variation will involve a substantial change in the manner in which the process is being carried on. (1A) The requirements of this paragraph shall not apply in relation to any variations of an authorisation which an enforcing authority has decided to make in consequence of representations made in accordance with this paragraph and which are specified by way of variation of a variation notice by a further notice under section 10(3A) of this Act. (2) Subject to sub-paragraph (3) below, the enforcing authority shall give notice of the action to be taken by the holder of the authorisation to the persons who are prescribed or directed to be consulted under this paragraph and shall do so within the specified period for notification; and the holder shall advertise the action in the manner prescribed in regulations made by the Secretary of State. (3) The Secretary of State may, by regulations, exempt any class of variation from all or any of the requirements of this paragraph or exclude any class of information relating to action to be taken by holders of authorisations from all or any of those requirements, in all cases or as respects specified classes only of persons to be consulted. (4) Any representations made by the persons so consulted within the period allowed shall be considered by the enforcing authority in taking its decision. (5) For the purposes of sub-paragraph (2) above— (a) persons are prescribed to be consulted on any description of variation if they are persons specified for the purposes of variations of that description in regulations made by the Secretary of State; (b) persons are directed to be consulted on any particular variation if the Secretary of State specifies them in a direction given to the enforcing authority; and the “specified period for notification” is the period specified in the regulations or in the direction. (6) Any representations made by any other persons within the period allowed shall also be considered by the enforcing authority in taking its decision. (7) Subject to sub-paragraph (8) below, the period allowed for making representations is— (a) in the case of persons prescribed or directed to be consulted, the period of twenty-eight days beginning with the date on which notice was given under sub-paragraph (2) above, and (b) in the case of other persons, the period of twenty-eight days beginning with the date of the advertisement under sub-paragraph (2) above. (8) The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (7)(a) or (b) above, such other period as he considers appropriate. Applications for variation 7 (1) The requirements of this paragraph apply where an application is made to an enforcing authority under section 11(4) for the variation of an authorisation. (2) Subject to sub-paragraph (3) below, the enforcing authority shall give notice of any such application for a variation of an authorisation, enclosing a copy of the application, to the persons who are prescribed or directed to be consulted under this paragraph and shall do so within the specified period for notification; and the holder of the authorisation shall advertise the application in the manner prescribed in regulations made by the Secretary of State. (3) The Secretary of State may, by regulations, exempt any class of application from all or any of the requirements of this paragraph or exclude any class of information furnished with applications for variations of authorisations from all or any of those requirements, in all cases or as respects specified classes only of persons to be consulted. (4) Any representations made by the persons so consulted within the period allowed shall be considered by the enforcing authority in determining the application. (5) For the purposes of sub-paragraph (2) above— (a) persons are prescribed to be consulted on any description of application for a variation if they are persons specified for the purposes of applications of that description in regulations made by the Secretary of State; (b) persons are directed to be consulted on any particular application if the Secretary of State specifies them in a direction given to the enforcing authority; and the “specified period for notification” is the period specified in the regulations or in the direction. (6) Any representation made by any other persons within the period allowed shall also be considered by the enforcing authority in determining the application. (7) Subject to sub-paragraph (8) below, the period allowed for making representations is— (a) in the case of persons prescribed or directed to be consulted, the period of twenty-eight days beginning with the date on which notice of the application was given under sub-paragraph (2) above; and (b) in the case of other persons, the period of twenty-eight days beginning with the date on which the making of the application was advertised in pursuance of sub-paragraph (2) above. (8) The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (7)(a) or (b) above, such other period as he considers appropriate. Call in of applications for variation 8 (1) The Secretary of State may give directions to the enforcing authority requiring that any particular application or any class of applications for the variation of an authorisation shall be transmitted to him for determination pending a further direction under sub-paragraph (5) below. (2) The enforcing authority shall inform the applicant of the fact that his application is being transmitted to the Secretary of State. (3) Where an application for the variation of an authorisation is referred to him under sub-paragraph (1) above the Secretary of State may— (a) cause a local inquiry to be held in relation to the application; or (b) afford the applicant and the authority concerned an opportunity of appearing before and being heard by a person appointed by the Secretary of State; and he shall exercise one of the powers under this sub-paragraph in any case where, in the manner prescribed by regulations made by the Secretary of State, a request is made to be heard with respect to the application by the applicant or the enforcing authority concerned. (4) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (supplementary provisions about local inquiries under that section) or, in relation to Scotland, subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which make similar provision) shall, without prejudice to the generality of subsection (1) of either of those sections, apply to local inquiries or other hearings in pursuance of sub-paragraph (3) above as they apply to inquiries in pursuance of either of those sections and, in relation to England and Wales, as if the reference to a local authority in subsection (4) of the said section 250 included a reference to the enforcing authority. (5) The Secretary of State shall, on determining any application transferred to him under this paragraph, give to the enforcing authority such a direction as he thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the authorisation by means of the variation notice. 9 The Secretary of State may give the enforcing authority a direction with respect to any particular application or any class of applications for the variation of an authorisation requiring the authority not to determine or not to proceed with the application or applications of that class until the expiry of any such period as may be specified in the direction, or until directed by the Secretary of State that they may do so, as the case may be. 10 (1) Except in a case where an application for the variation of an authorisation has been referred to the Secretary of State under paragraph 8 above and subject to sub-paragraph (3) below, the enforcing authority shall determine an application for the variation of an authorisation within the period of four months beginning with the day on which it received the application or within such longer period as may be agreed with the applicant.

SCHEDULE 2 Waste Disposal Authorities and Companies

Section 32. Part I Transition to Companies Preliminary 1 In this Part of this Schedule— “authority” means an existing disposal authority as defined in section 32(1); “company” means a waste disposal contractor formed under the Companies Act 1985 by a waste disposal authority as mentioned in section 30(5); “direction” means a direction under section 32(2); “joint company” means a company in which more than one authority holds securities; “securities”, in relation to a company includes shares, debentures, bonds or other securities of the company, whether or not constituting a charge on the assets of the company; and “the vesting date” means the date on which property, rights and liabilities vest in a company by virtue of a transfer scheme under paragraph 6 below. Notice of direction 2 (1) The Secretary of State, before giving any directions to any authority or constituent authority, shall give notice of his intention to do so to that authority. (2) A notice under this paragraph shall give a general indication of the provisions to be included in the direction, indicating in particular whether the proposed direction will require the formation of one or more than one company and the authority or authorities who are to form or control the company or companies and whether any existing disposal authority will be abolished. (3) A notice under this paragraph shall state that the authority to whom it is given is entitled, within a period specified in the notice, to make to the Secretary of State applications or representations with respect to the proposed direction under paragraph 3 below. Applications for exemption from and representations about directions 3 (1) An authority which has been given notice under paragraph 2 above of a proposed direction may, within the period specified in the notice, make to the Secretary of State either an application under sub-paragraph (2) below or representations under sub-paragraph (3) below. (2) An authority may, under this sub-paragraph, apply to the Secretary of State requesting him not to make a direction in its case on the ground that the authority falls within any of paragraphs (a), (b), (c) or (d) of section 32(3). (3) An authority may, under this sub-paragraph, make representations to the Secretary of State requesting him to make, in the direction, other provision than that proposed in the notice. (4) It shall be the duty of the Secretary of State to consider any application duly made under sub-paragraph (2) above and to notify the authority of his decision. (5) It shall be the duty of the Secretary of State to consider any representations duly made under sub-paragraph (3) above before he gives a direction. Directions 4 (1) A direction may require the authority or authorities to whom it is given to form or participate in forming one or more than one company or to form or participate in forming one or more than one joint company and it shall specify the date before which the company or companies is or are to be formed. (2) Where a direction is to require a joint company to be formed the direction may be given to such of the authorities as the Secretary of State considers appropriate (the “representative authority”). (3) Where a direction is given to an authority as the representative authority it shall be the duty of that representative authority to consult the other authorities concerned before forming a company in accordance with the direction. (4) The Secretary of State may exercise his powers to vary or revoke a direction and give a further direction at any time before the vesting date, whether before or after a company has been formed in accordance with the direction or previous direction, as the case may be. Formation and status of companies 5 (1) An authority which has been directed to form a company shall do so by forming it under the Companies Act 1985 as a company which— (a) is limited by shares, and (b) is a wholly-owned subsidiary of the authority or authorities forming it; and it shall do so before such date as the Secretary of State specifies in the direction. (2) The authority shall so exercise its control of the company as to secure that, at some time before the vesting date, the conditions specified in section 68(6)(a) to (h) of the Local Government and Housing Act 1989 (conditions for “arm’s length companies”) apply in relation to the company and shall, at some time before the vesting date, resolve that the company shall be an arm’s length company for the purposes of Part V of that Act. (3) In this paragraph “wholly-owned subsidiary”, in relation to a company and an authority, is to be construed in accordance with section 736 of the Companies Act 1985. Transfer schemes 6 (1) Where an authority has formed a company or companies in pursuance of a direction, the authority shall, before such date as the Secretary of State may specify in a direction given to the authority under this sub-paragraph, submit to the Secretary of State a scheme providing for the transfer to the company or companies of any property, rights or liabilities of that or that and any other authority, or of any subsidiary of its or theirs, which appear to be appropriate to transfer as representing the relevant part of the undertaking of that authority or of that authority and the other authorities. (2) In preparing a scheme in pursuance of sub-paragraph (1) above the authority shall take into account any advice given by the Secretary of State as to the provisions he regards as appropriate for inclusion in the scheme (and in particular any advice as to the description of property, rights and liabilities which it is in his view appropriate to transfer to the company). (3) A scheme under this paragraph shall not come into force until it has been approved by the Secretary of State and the date on which it is to come into force shall be such date as the Secretary of State may, either in giving his approval or subsequently, specify in writing to the authority; and the Secretary of State may approve a scheme either without modifications or with such modifications as he thinks fit after consulting the authority who submitted the scheme. (4) If it appears to the Secretary of State that a scheme submitted under sub-paragraph (1) above does not accord with any advice given by him, he may do one or other of the following things, as he thinks fit, namely— (a) approve the scheme under sub-paragraph (3) above with modifications; or (b) after consulting the authority who submitted the scheme, substitute for it a scheme of his own, to come into force on such date as may be specified in the scheme. (5) In the case of a scheme for the transfer to a company or joint company of the relevant part of the undertaking of two or more authorities, the representative authority shall consult the other authority or authorities before submitting the scheme under sub-paragraph (1) above; and the Secretary of State shall not approve the scheme (whether with or without modifications), or substitute a scheme of his own unless— (a) he has given that other authority or (as the case may be) those other authorities an opportunity of making, within such time as he may allow for the purpose, written representations with respect to the scheme; and (b) he has considered any such representations made to him within that time. (6) The Secretary of State shall not specify the date on which the scheme is to come into force without consulting the authority which submitted the scheme and, where the scheme was submitted by a representative authority, the other authorities concerned. (7) On the coming into force of a scheme under this paragraph the property, rights and liabilities affected by the scheme shall be transferred and vest in accordance with the scheme. (8) As a consequence of the vesting by virtue of the scheme of property, rights and liabilities of an authority in a company, that company shall issue to the authority such securities of the company as are specified in the transfer scheme. Transfer schemes: supplementary provisions 7 A scheme under paragraph 6 above may define the property, rights and liabilities to be transferred by the scheme— (a) by specifying the property, rights and liabilities in question; or (b) by referring to all the property, rights and liabilities comprised in any specified part of the undertaking or undertakings to be transferred; or (c) partly in the one way and partly in the other; and may make such supplemental, incidental and consequential provision as the authority making the scheme considers appropriate. 8 (1) The provisions of this paragraph apply to the transfer to a company of the property, rights and liabilities representing the relevant part of an authority’s undertaking. (2) Any property, rights or liabilities held or subsisting partly for the purpose of the relevant part of the authority’s undertaking and partly for the purpose of another part shall, where the nature of the property, rights or liabilities permits, be divided or apportioned between the authority and the company in such proportions as may be appropriate; and where any estate or interest in land falls to be so divided, any rent payable under a lease in respect of that estate or interest, and any rent charged on that estate or interest, shall be correspondingly apportioned or divided so that the one part is payable in respect of, or charged on, only one part of the estate or interest and the other part is payable in respect of, or charged on, only the other part of the estate or interest. (3) Any property, rights or liabilities held or subsisting as mentioned in sub-paragraph (2) above the nature of which does not permit their division or apportionment as so mentioned shall be transferred to the company or retained by the authority according to which of them appear at the vesting date likely to make use of the property, or, as the case may be, to be affected by the right or liability, to the greater extent, subject to such arrangements for the protection of the other of them as may be agreed between them. (4) It shall be the duty of the authority and the company, before or after the vesting date, so far as practicable to enter into such written agreements, and to execute such other instruments, as are necessary or expedient to identify or define the property, rights and liabilities transferred to the company or retained by the authority and as will— (a) afford to the authority and the company as against one another such rights and safeguards as they may require for the proper discharge of the authority’s functions and the proper carrying on of the company’s undertaking; and (b) make, as from such date (not being earlier than the vesting date) as may be specified in that agreement or instrument, such clarifications and modifications of the division of the authority’s undertaking as will best serve the proper discharge of the authority’s functions and the proper carrying on of the company’s undertaking. (5) Any such agreement shall provide so far as it is expedient— (a) for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not; (b) for the granting of indemnities in connection with the severance of leases and other matters; (c) for responsibility for complying with any statutory requirements as respects matters to be registered and any licences, authorisations or permissions which need to be obtained. (6) If the authority or the company represents to the Secretary of State, or if it appears to him without such a representation, that it is unlikely in the case of any matter on which agreement is required under sub-paragraph (4) above that such agreement will be reached, the Secretary of State may, whether before or after the vesting date, give a direction determining the manner in which the property, rights or liabilities in question are to be divided between the authority and the company, and may include in the direction any provision which might have been included in an agreement under that sub-paragraph; and any property, rights or liabilities required by the direction to be transferred to the company shall be regarded as having been transferred to, and by virtue of the transfer scheme vested in, the company accordingly. Tax and company provisions 9 (1) Any shares in a company which are issued as a consequence of the vesting by a transfer scheme of property, rights and liabilities in the company shall— (a) be issued as fully paid; and (b) treated for the purposes of the application of the Companies Act 1985 in relation to that company as if they had been paid up by virtue of the payment to the company of their nominal value in cash. (2) For the purposes of Chapter I of Part II of the Capital Allowances Act 1990 (capital allowance in respect of machinery and plant) property which is vested in a company by virtue of a transfer scheme shall be treated as if— (a) it had been acquired by the company on the transfer date for the purposes for which it is used by the company on and after that date; and (b) capital expenditure of an amount equal to the price which the property would have fetched if sold in the open market had been incurred on that date by the company on the acquisition of the property for the purposes mentioned in paragraph (a) above. Benefit of certain planning permission 10 (1) This paragraph applies in relation to planning permission deemed to have been granted to the authority under regulation 4 of the Town and Country Planning General Regulations 1976 (deemed planning permission for development by local authorities) which subsists at the vesting date. (2) Any planning permission to which this paragraph applies which authorises the use of land by the authority for the treatment, keeping or disposal of waste shall, on the transfer of the land to the company by the scheme, enure for the benefit of the land. Right to production of documents of title 11 Where on any transfer by virtue of a transfer scheme the authority is entitled to retain possession of any documents relating to the title to, or to the management of, any land or other property transferred to the company, the authority shall be deemed to have given to the company an acknowledgement in writing of the right of the company to production of that document and to delivery of copies thereof; and, in England and Wales, section 64 of the Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgement did not contain any such expression of contrary intention as is mentioned in that section. Proof of title by certificate 12 (1) A joint certificate by or on behalf of the authority and the company that any property specified in the certificate, or any such interest in or right over any such property as may be specified in the certificate, is by virtue of the transfer scheme for the time being vested in the authority or in the company shall be conclusive evidence for all purposes of that fact. (2) If on the expiration of one month after a request from the authority or the company for the preparation of such a joint certificate the authority and the company have failed to agree on the terms of the certificate, they shall refer the matter to the Secretary of State and issue the certificate in such terms as the Secretary of State may direct. Construction of agreements 13 Where any of the rights or liabilities transferred by a transfer scheme are rights or liabilities under an agreement to which the authority was a party immediately before the vesting date, whether in writing or not, and whether or not of such a nature that rights and liabilities thereunder could be assigned by the authority, that agreement shall have effect on and after the vesting date as if— (a) the company had been a party to the agreement; and (b) for any reference (however worded and whether express or implied) to the authority there were substituted a reference, as respects anything falling to be done on or after the vesting date, to the company; and (c) any reference (however worded and whether express or implied) to any officer or servant of the authority were, as respects anything falling to be done on or after the vesting date, a reference to such person as the company may appoint or, in default of appointment, to the officer or servant of the company who corresponds as nearly as may be to that officer or servant of the authority; and (d) where the agreement refers to property, rights or liabilities which fall to be apportioned or divided between the authority and the company, as if the agreement constituted two separate agreements separately enforceable by and against the authority and the company respectively as regards the part of the property, rights and liabilities retained by the authority or, as the case may be, the part of the property, rights and liabilities vesting in the company and not as regards the other part; and sub-paragraph (d) above shall apply in particular to the covenants, stipulations and conditions of any lease by or to the authority. 14 Without prejudice to the generality of the provisions of paragraph 13 above, the company and any other person shall, as from the vesting date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability transferred to and vested in the company by a transfer scheme as he would have had if that right or liability had at all times been a right or liability of the company, and any legal proceedings or applications to any authority pending on the vesting date by or against the authority, in so far as they relate to any property, right or liability transferred to the company by the scheme, or to any agreement to any such property, right or liability, shall be continued by or against the company to the exclusion of the authority. Third parties affected by vesting provisions 15 (1) Without prejudice to the provisions of paragraphs 13 and 14 above, any transaction effected between the authority and the company in pursuance of paragraph 8(4) above or of a direction under paragraph 8(6) above shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person. (2) It shall be the duty of the authority and the company, if they effect any transaction in pursuance of paragraph 8(4) above or of a direction under paragraph 8(6) above, to notify any person who has rights or liabilities which thereby become enforceable as to part by or against the authority and as to part by or against the company; and if such a person applies to the Secretary of State and satisfies him that the transaction operated unfairly against him the Secretary of State may give such directions to the authority and the company as appear to him to be appropriate for varying the transaction. (3) If in consequence of a transfer by a transfer scheme or of anything done in pursuance of paragraphs 8 to 14 above the rights or liabilities of any person other than the authority which were enforceable against or by the authority become enforceable as to part against or by the authority and as to part against or by the company, and the value of any property or interest of that person is thereby diminished, such compensation as may be just shall be paid to that person by the authority, the company or both, and any dispute as to whether and if so how much compensation is payable, or as to the person by whom it shall be paid, shall be referred to, and determined by, the Lands Tribunal. Transfer of staff 16 (1) The Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply in relation to the relevant employees of an authority in accordance with sub-paragraph (2) below. (2) For the purposes of the application of those Regulations in relation to any of the relevant employees of an authority, the relevant part of the undertaking of the authority shall (whether or not it would otherwise be so regarded) be regarded— (a) as a part of an undertaking within the meaning of those Regulations which is transferred from the authority to the company on the vesting date, and (b) as being so transferred by a transfer to which those Regulations apply and which is completed on that date. (3) Where a person is, in pursuance of section 32, to cease to be employed by an authority and to become employed by a company, none of the agreed redundancy procedures applicable to persons employed by waste disposal authorities shall apply to him. (4) For the purposes of this paragraph persons are “relevant employees” of an authority if they are to become, in pursuance of section 32, employees of a company to which the relevant part of the undertaking of the authority is to be transferred. Information for purposes of transfer scheme 17 (1) The Secretary of State may, by directions, prescribe descriptions of information which are to be furnished for purposes connected with the transfer by authorities to companies of the relevant part of the undertakings of authorities. (2) It shall be the duty of . . . a waste disposal authority, on being requested to do so by a written notice served on it by the Secretary of State, to furnish to the Secretary of State such information of a description prescribed under sub-paragraph (1) above as may be specified in the notice. Part II Provisions Regulating Waste Disposal Authorities and Companies Terms of waste disposal contracts 18 A waste disposal authority shall, in determining the terms and conditions of any contract which the authority proposes to enter into for the keeping, treatment or disposal of waste, so frame the terms and conditions as to avoid undue discrimination in favour of one description of waste disposal contractor as against other descriptions of waste disposal contractors. 19 (1) A waste disposal authority shall have regard to the desirability of including in any contract which the authority proposes to enter into for the keeping, treatment or disposal of waste terms or conditions designed to— (a) minimize pollution of the environment or harm to human health due to the disposal or treatment of the waste under the contract; and (b) maximize the recycling of waste under the contract. (2) A waste disposal authority shall be entitled— (a) to invite tenders for any such contract, and (b) to accept or refuse to accept any tender for such a contract and accordingly to enter or not to enter into a contract, by reference to acceptance or refusal of acceptance by persons tendering for the contract of any terms or conditions included in the draft contract in pursuance of sub-paragraph (1) above. Procedure for putting waste disposal contracts out to tender 20 (1) A waste disposal authority which proposes to enter into a contract for the keeping, treatment or disposal of controlled waste shall comply with the following requirements before making the contract and if it does not any contract which is made shall be void. (2) The authority shall publish, in at least two publications circulating among waste disposal contractors, a notice containing— (a) a brief description of the contract work; (b) a statement that during a specified period any person may inspect a detailed specification of the contract work free of charge at a specified place and time; (c) a statement that during that period any person will be supplied with a copy of the detailed specification on request and on payment of the specified charge; (d) a statement that any person who wishes to submit a tender for the contract must notify the authority of his wish within a specified period; and (e) a statement that the authority intend to invite tenders for the contract, in accordance with sub-paragraph (4) below. (3) The authority shall— (a) ensure that the periods, place and time and the charge specified in the notice are such as are reasonable; (b) make the detailed specification available for inspection in accordance with the notice; and (c) make copies of the detailed specification available for supply in accordance with the notice. (4) If any persons notified the authority, in accordance with the notice, of their wish to submit tenders for the contract, the authority shall— (a) if more than four persons did so, invite at least four of them to tender for the contract; (b) if less than four persons did so, invite each of them to tender for the contract. (5) In this paragraph— “the contract work”, in relation to a contract for the keeping, treatment or disposal of waste, means the work comprising the services involved in the keeping, treatment or disposal of the waste under the contract; and “specified” means specified in the notice under sub-paragraph (2) above. 21 A waste disposal authority, in taking any of the following decisions, namely— (a) who to invite to tender for the contract under paragraph 20(4)(a) above, and (b) who to enter into the contract with, shall disregard the fact that any waste disposal contractor tendering for the contract is, or is not, controlled by the authority. Variation of waste disposal contracts 22 Where a waste disposal authority has entered into a contract with a waste disposal contractor under the authority’s control, paragraph 18 above shall, with the necessary modifications, apply on any proposed variation of the contract during the subsistence of that control, in relation to the terms and conditions that would result from the variation as it applies to the original contract. Avoidance of restrictions on transfer of securities of companies 23 (1) Subject to sub-paragraph (3) below, any provision to which this paragraph applies shall be void in so far as it operates— (a) to preclude the holder of any securities of a waste disposal contractor from disposing of those securities; or (b) to require the holder of any such securities to dispose, or offer to dispose, of those securities to particular persons or to particular classes of persons; or (c) to preclude the holder of any securities from disposing of those securities except— (i) at a particular time or at particular times; or (ii) on the fulfilment of particular conditions or in other particular circumstances. (2) This paragraph applies to any provision relating to any securities of a waste disposal contractor which is controlled by a waste disposal authority or to which the authority has transferred the relevant part of its undertaking and contained in— (a) the memorandum or articles of association of the company or any other instrument purporting to regulate to any extent the respective rights and liabilities of the members of the company; (b) any resolution of the company; or (c) any instrument issued by the company and embodying terms and conditions on which any such securities are to be held by persons for the time being holding them. (3) No provision shall be void by reason of its operating as mentioned in sub-paragraph (1) above if the Secretary of State has given his approval in writing to that provision.

Schedule 2A

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SCHEDULE 2AA Waste reduction schemes

Introductory 1 (1) The purpose of a waste reduction scheme is to provide a financial incentive— (a) to produce less domestic waste, and (b) to recycle more of what is produced, and accordingly to reduce the amount of residual domestic waste. (2) A waste reduction scheme— (a) may cover the whole or any part of the area of a waste collection authority, and (b) may apply to all domestic premises, to domestic premises other than those of a specified description or to specified descriptions of domestic premises. Conditions for making waste reduction scheme 2 (1) A waste collection authority may make a waste reduction scheme only if— (a) a good recycling service is available to the occupiers of premises to which the scheme applies, (b) the scheme takes account of the needs of groups who might be unduly disadvantaged by it, and (c) the authority has a strategy for preventing, minimising or otherwise dealing with the unauthorised deposit or disposal of waste. (2) In sub-paragraph (1)(a) above— (a) a “recycling service” means arrangements for the collection of recyclable domestic waste from premises separately from other waste; and (b) a “good” recycling service means a recycling service that meets the standards specified for the purposes of this definition in guidance issued by the Secretary of State. (3) The Secretary of State may by order amend sub-paragraphs (1) and (2) above. Incentive under waste reduction scheme 3 (1) A waste reduction scheme must provide for a financial incentive that the authority considers will be effective to achieve the purpose of the scheme. (2) The scheme may provide for the incentive to be provided— (a) by means of rebates from council tax or by other payments, or (b) by means of charges under paragraph 4, or by any combination of those means. Charges in respect of residual domestic waste 4 (1) A waste reduction scheme may include provision for charging by reference to— (a) the amount of residual domestic waste collected from premises, (b) the size of receptacles used for the purposes of the collection of residual domestic waste from premises, (c) the number of receptacles used for such purposes, or (d) the frequency with which residual domestic waste is collected from premises, or by reference to any combination of those factors. (2) The scheme may, in particular, make provision for occupiers of premises— (a) to be required (by notice under section 46) to place residual domestic waste for collection in receptacles of a specified kind, (b) to be required (by such notice) to place such waste in receptacles that are identified by such means as may be specified, or (c) to be required to do both, and for a charge to be made by the authority in respect of the receptacles, the means of identifying them or both. (3) A charge under this paragraph in respect of a receptacle is in addition to any charge under section 46 in respect of the cost of providing the receptacle. (4) The amount of any charge under this paragraph need not be related to the authority's costs. (5) The scheme may make provision as to the person or persons by whom any charge is payable. (6) The scheme may— (a) require any charge to be paid in advance on the basis of an estimate of the amount that is likely to be payable in respect of any premises; or (b) require payments in respect of any charge to be made on account or by instalments. Charging: supplementary provisions 5 (1) The Secretary of State may by order set a limit on the amount of the charge under paragraph 4 that may be imposed in respect of any premises in any financial year. (2) A failure to pay a charge under paragraph 4 does not affect the authority's duty under section 45(1)(a) (general duty to arrange for collection of household waste). (3) Section 45(3) (general prohibition on charging for collection of household waste) has effect subject to paragraph 4. Requirement of revenue neutrality 6 (1) From year to year, and taking one year with another, the aggregate amount of charges under a waste reduction scheme must not exceed the aggregate amount of the rebates or other payments under the scheme. (2) The Secretary of State may by order amend sub-paragraph (1) above. (3) Any such order may make any amendments of paragraph 4(4) that appear to the Secretary of State to be necessary or expedient in consequence of, or in connection with, the amendment of sub-paragraph (1) above. Procedure for putting scheme in place 7 (1) The authority must comply with the following requirements after making a waste reduction scheme and before it is brought into operation. (2) The authority must publish the scheme in such manner as it considers appropriate. (3) The authority must send to the occupier of any premises to which the scheme applies a notice setting out— (a) the requirements applicable under the scheme in relation to the collection of domestic waste from premises to which the scheme applies; (b) any rebates or other payments available under the scheme and the manner in which they are to be made; and (c) any charges provided for by the scheme and the manner in which they are to be collected. Appeals 8 A waste reduction scheme must contain provision enabling a person to appeal against any decision affecting, directly or indirectly, that person's entitlement to a rebate or other payment, or liability to pay a charge, under the scheme. Separate account to be kept 9 (1) A waste collection authority that operates a waste reduction scheme must keep a separate account of— (a) any rebates or other payments under the scheme, and (b) any charges received by it under the scheme. (2) Any person interested may at any reasonable time and without payment inspect the account and make copies of it or any part of it. (3) A person having custody of the account who intentionally obstructs a person in the exercise of the rights conferred by sub-paragraph (2) above commits an offence. (4) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Contributions by waste disposal authority 10 (1) Where a waste collection authority that operates a waste reduction scheme is not also the waste disposal authority, the waste disposal authority may pay to the collection authority contributions of such amounts as the disposal authority may determine towards expenditure of the collection authority attributable to the scheme. (2) The collection authority must supply to the disposal authority such information as the disposal authority may reasonably require for the purpose of determining amounts under this paragraph. Power to make provision as to administration etc 11 (1) The Secretary of State may by regulations make provision as to— (a) the manner in which the amount of any rebate or other payment is to be determined, and any rebate or payment is to be given, and (b) the manner in which— (i) the amount of any charge is to be determined, and (ii) any charge is to be collected or enforced. (2) The regulations may in particular provide— (a) for appeals against determinations or any failure to make a determination, (b) for the appointment of persons or bodies to hear appeals, and (c) for charges to be recoverable, if a county court so orders, as if they were payable under a county court order. (3) The regulations may include provision— (a) for integrating the administration of the scheme with the administration of council tax, and (b) for that purpose modifying, to such extent as appears to the Secretary of State to be necessary or expedient, any of the enactments relating to council tax. In paragraph (b) “modifying” includes making additions, amendments or omissions. (4) The regulations may in particular provide— (a) for including material relating to the scheme in the notice containing the council tax demand, (b) for applying to questions arising under the scheme the procedure for appeals about liability to council tax, and (c) for applying to any liability under the scheme the procedures for the enforcement of liability for council tax. Use of information obtained for council tax purposes 12 An authority may use for the purpose of administering a waste reduction scheme information it has obtained for the purpose of carrying out its functions under the enactments relating to council tax. Amendment or revocation of waste reduction scheme 13 (1) An authority that has made a waste reduction scheme may amend or revoke the scheme. (2) After amending a scheme and before bringing the amendment into operation, the authority must— (a) publish the amended scheme in such manner as it thinks appropriate, and (b) if the amendment affects any of the matters previously notified to occupiers, send to the occupier of any premises to which the scheme applies a notice setting out the effect of the amendment. (3) The amendment or revocation of a scheme does not affect any entitlement or liability under the scheme in respect of a period before the amendment or revocation takes effect. (4) The revocation of a scheme does not affect the duty of the authority to comply with paragraph 6(1). Guidance 14 (1) The Secretary of State may issue guidance to waste collection authorities and waste disposal authorities as respects the exercise of their functions under this Schedule. (2) Any such guidance issued— (a) must be published in such manner as the Secretary of State considers appropriate, and (b) may be amended or replaced by further guidance, or revoked. (3) In exercising their functions under this Schedule waste collection authorities and waste disposal authorities must have regard to any guidance in force under this paragraph. Interpretation 15 (1) In this Schedule— “domestic premises” means— a building or self-contained part of a building which is used wholly for the purposes of living accommodation, a caravan (as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960 (c. 62)) that usually and for the time being is situated on a caravan site (within the meaning of that Act), or a moored vessel used wholly for the purposes of living accommodation; “domestic waste” means household waste from domestic premises; “enactment” includes an enactment contained in subordinate legislation; “recyclable waste” means waste that is capable of being recycled; “residual domestic waste” means domestic waste that is not— waste meeting the conditions for collection by the authority as recyclable waste, or waste for which a charge may be made by virtue of regulations under section 45(3) (power to charge for collection of household waste in prescribed cases); “specified” means specified in the waste reduction scheme. (2) The Secretary of State may by order amend the definition of “domestic premises” in sub-paragraph (1). (3) References in this Schedule to recycling include re-using and composting. Orders and regulations 16 (1) An order under paragraph 2(3), 6(2) or 15(2) is subject to affirmative resolution procedure. (2) Section 161(3) (negative resolution procedure: orders) applies in relation to an order under paragraph 5(1), subject as follows. (3) An order under that paragraph is subject to affirmative resolution procedure if— (a) it is the first order to be made under that paragraph, or (b) it increases the limit for the time being set by an order under that paragraph by more than is necessary to reflect changes in the value of money since that limit was set. (4) Section 161(2) (negative resolution procedure: regulations) applies in relation to regulations under paragraph 11, subject as follows. (5) Regulations under that paragraph are subject to affirmative resolution procedure if they modify an enactment contained in an Act of Parliament. (6) Where an order or regulations are subject to “affirmative resolution procedure” the Secretary of State must not make the order or regulations unless a draft of the statutory instrument containing them has been laid before and approved by resolution of each House of Parliament.

SCHEDULE 2B Categories of waste

1 Production or consumption residues not otherwise specified below. 2 Off-specification products. 3 Products whose date for appropriate use has expired. 4 Materials spilled, lost or having undergone other mishap, including any materials, equipment, etc, contaminated as a result of the mishap. 5 Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning operations, packing materials, containers, etc.). 6 Unusable parts (e.g. reject batteries, exhausted catalysts, etc.). 7 Substances which no longer perform satisfactorily (e.g. contaminated solvents, exhausted tempering salts, etc.). 8 Residues of industrial processes (e.g. slags, still bottoms, etc.). 9 Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters, etc.). 10 Machining or finishing residues (e.g. lathe turnings, mill scales, etc.). 11 Residues from raw materials extraction and processing (e.g. mining residues, oil field slops, etc.). 12 Adulterated materials (e.g. oils contaminated with PCBs, etc.). 13 Any materials, substances or products whose use has been banned by law. 14 Products for which the holder has no further use (e.g. agricultural, household, office, commercial and shop discards, etc.). 15 Contaminated materials, substances or products resulting from remedial action with respect to land. 16 Any materials, substances or products which are not contained in the above categories.

SCHEDULE 3 Statutory Nuisances: Supplementary Provisions

Section 81. Appeals to magistrates’ court 1 (1) This paragraph applies in relation to appeals under section 80(3) against an abatement notice to a magistrates’ court. (2) An appeal to which this paragraph applies shall be by way of complaint for an order and the Magistrates’ Courts Act 1980 shall apply to the proceedings. (3) An appeal against any decision of a magistrates’ court in pursuance of an appeal to which this paragraph applies shall lie to the Crown Court at the instance of any party to the proceedings in which the decision was given. (4) The Secretary of State may make regulations as to appeals to which this paragraph applies and the regulations may in particular— (a) include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works); (b) prescribe the cases in which an abatement notice is , or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings; (c) prescribe the cases in which the decision on appeal may in some respects be less favourable to the appellant than the decision from which he is appealing; (d) prescribe the cases in which the appellant may claim that an abatement notice should have been served on some other person and prescribe the procedure to be followed in those cases. Appeals to Sheriff 1A (1) This paragraph applies in relation to appeals to the sheriff under section 80(3) against an abatement notice. (2) An appeal to which this paragraph applies shall be by way of a summary application. (3) The Secretary of State may make regulations as to appeals to which this paragraph applies and the regulations may in particular include or prescribe any of the matters referred to in sub-paragraphs (4)(a) to (d) of paragraph 1 above. Powers of entry etc 2 (1) Subject to sub-paragraph (2) below, any person authorised by a local authority may, on production (if so required) of his authority, enter any premises at any reasonable time— (a) for the purpose of ascertaining whether or not a statutory nuisance exists; or (b) for the purpose of taking any action, or executing any work, authorised or required by Part III. (2) Admission by virtue of sub-paragraph (1) above to any premises used wholly or mainly for residential purposes shall not except in an emergency be demanded as of right unless twenty-four hours notice of the intended entry has been given to the occupier. (3) If it is shown to the satisfaction of a justice of the peace on sworn information in writing— (a) that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of emergency, or that an application for admission would defeat the object of the entry; and (b) that there is reasonable ground for entry into the premises for the purpose for which entry is required, the justice may by warrant under his hand authorise the local authority by any authorised person to enter the premises, if need be by force. (4) An authorised person entering any premises by virtue of sub-paragraph (1) or a warrant under sub-paragraph (3) above may— (a) take with him such other persons and such equipment as may be necessary; (b) carry out such inspections, measurements and tests as he considers necessary for the discharge of any of the local authority’s functions under Part III; and (c) take away such samples or articles as he considers necessary for that purpose. (5) On leaving any unoccupied premises which he has entered by virtue of sub-paragraph (1) above or a warrant under sub-paragraph (3) above the authorised person shall leave them as effectually secured against trespassers as he found them. (6) A warrant issued in pursuance of sub-paragraph (3) above shall continue in force until the purpose for which the entry is required has been satisfied. (7) Any reference in this paragraph to an emergency is a reference to a case where the person requiring entry has reasonable cause to believe that circumstances exist which are likely to endanger life or health and that immediate entry is necessary to verify the existence of those circumstances or to ascertain their cause and to effect a remedy. (8) In the application of this paragraph to Scotland, a reference to a justice of the peace or to a justice includes a reference to the sheriff. 2A (1) Any person authorised by a local authority may on production (if so required) of his authority— (a) enter or open a vehicle, machinery or equipment, if necessary by force, or (b) remove a vehicle, machinery or equipment from a street or, in Scotland, road to a secure place, for the purpose of taking any action, or executing any work, authorised by or required under Part III in relation to a statutory nuisance within section 79(1)(ga) above caused by noise emitted from or caused by the vehicle, machinery or equipment. (2) On leaving any unattended vehicle, machinery or equipment that he has entered or opened under sub-paragraph (1) above, the authorised person shall (subject to sub-paragraph (3) below) leave it secured against interference or theft in such manner and as effectually as he found it. (3) If the authorised person is unable to comply with sub-paragraph (2) above, he shall for the purpose of securing the unattended vehicle, machinery or equipment either— (a) immobilise it by such means as he considers expedient, or (b) remove it from the street to a secure place. (4) In carrying out any function under sub-paragraph (1), (2) or (3) above, the authorised person shall not cause more damage than is necessary. (5) Before a vehicle, machinery or equipment is entered, opened or removed under sub-paragraph (1) above, the local authority shall notify the police of the intention to take action under that sub-paragraph. (6) After a vehicle, machinery or equipment has been removed under sub-paragraph (1) or (3) above, the local authority shall notify the police of its removal and current location. (7) Notification under sub-paragraph (5) or (6) above may be given to the police at any police station in the local authority’s area or, in the case of the Temples, at any police station of the City of London Police. (8) For the purposes of section 81(4) above, any expenses reasonably incurred by a local authority under sub-paragraph (2) or (3) above shall be treated as incurred by the authority under section 81(3) above in abating or preventing the recurrence of the statutory nuisance in question. Offences relating to entry 3 (1) A person who wilfully obstructs any person acting in the exercise of any powers conferred by paragraph 2 or 2A above shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. (2) If a person discloses any information relating to any trade secret obtained in the exercise of any powers conferred by paragraph 2 above he shall, unless the disclosure was made in the performance of his duty or with the consent of the person having the right to disclose the information, be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale. Default powers 4 (1) This paragraph applies to the following function of a local authority, that is to say its duty under section 79 to cause its area to be inspected to detect any statutory nuisance which ought to be dealt with under section 80 or sections 80 and 80A and its powers under paragraph 2 or 2A above. (2) If the Secretary of State is satisfied that any local authority has failed, in any respect, to discharge the function to which this paragraph applies which it ought to have discharged, he may make an order declaring the authority to be in default. (3) An order made under sub-paragraph (2) above which declares an authority to be in default may, for the purpose of remedying the default, direct the authority (“the defaulting authority”) to perform the function specified in the order and may specify the manner in which and the time or times within which the function is to be performed by the authority. (4) If the defaulting authority fails to comply with any direction contained in such an order the Secretary of State may, instead of enforcing the order by mandamus, make an order transferring to himself the function of the authority specified in the order. (5) Where the function of a defaulting authority is transferred under sub-paragraph (4) above, the amount of any expenses which the Secretary of State certifies were incurred by him in performing the function shall on demand be paid to him by the defaulting authority. (6) Any expenses required to be paid by a defaulting authority under sub-paragraph (5) above shall be defrayed by the authority in like manner, and shall be debited to the like account, as if the function had not been transferred and the expenses had been incurred by the authority in performing them. (7) The Secretary of State may by order vary or revoke any order previously made by him under this paragraph. (8) Any order under this paragraph may include such incidental, supplemental and transitional provisions as the Secretary of State considers appropriate. (9) This paragraph does not apply to Scotland. Protection from personal liability 5 Nothing done by, or by a member of, a local authority or by any officer of or other person authorised by a local authority shall, if done in good faith for the purpose of executing Part III, subject them or any of them personally to any action, liability, claim or demand whatsoever .... Statement of right of appeal in notices 6 Where an appeal against a notice served by a local authority lies to a magistrates’ court or, in Scotland, the sheriff by virtue of section 80, it shall be the duty of the authority to include in such a notice a statement indicating that such an appeal lies as aforesaid and specifying the time within which it must be brought.

SCHEDULE 3A Free distribution of printed matter on designated land

Offence of unauthorised distribution 1 (1) A person commits an offence if he distributes any free printed matter without the consent of a principal litter authority on any land which is designated by the authority under this Schedule, where the person knows that the land is so designated. (2) A person commits an offence if he causes another person to distribute any free printed matter without the consent of a principal litter authority on any land designated by the authority under this Schedule. (3) A person is not guilty of an offence under sub-paragraph (2) if he took reasonable steps to ensure that the distribution did not occur on any land designated under this Schedule. (4) Nothing in this paragraph applies to the distribution of printed matter— (a) by or on behalf of a charity ..., where the printed matter relates to or is intended for the benefit of the charity; (b) where the distribution is for political purposes or for the purposes of a religion or belief. (5) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (6) For the purposes of this Schedule— (a) to “distribute” printed matter means to give it out to, or offer or make it available to, members of the public and includes placing it on or affixing it to vehicles, but does not include putting it inside a building or letter-box; (b) printed matter is “free” if it is distributed without charge to the persons to whom it is distributed. (7) For the purposes of this Schedule a person does not distribute printed matter if the distribution takes place inside a public service vehicle (within the meaning of the Public Passenger Vehicles Act 1981). Designation 2 (1) A principal litter authority may by order in accordance with this paragraph designate land in its area for the purposes of this Schedule. (2) The land designated must consist of— (a) relevant land of the authority; (b) all or part of any relevant highway for which the authority is responsible; or (c) both. (3) A principal litter authority may only designate land where it is satisfied that the land is being defaced by the discarding of free printed matter which has been distributed there. (4) Where a principal litter authority proposes to make an order under sub-paragraph (1) above in respect of any land, it must— (a) publish a notice of its proposal in at least one newspaper circulating in an area which includes the land; and (b) post such a notice on the land. (5) A notice under sub-paragraph (4) above must specify— (a) the land proposed to be designated; (b) the date on which it is proposed that the order is to come into force (which may not be earlier than the end of a period of 28 days beginning with the day on which the notice is given); (c) the fact that objections may be made to the proposal, how they may be made and the period within which they may be made (being a period of at least 14 days beginning with the day on which the notice is given). (6) Where after giving notice under sub-paragraph (4) above and taking into account any objections duly made pursuant to sub-paragraph (5)(c) above an authority decides to make an order under sub-paragraph (1) above in respect of any or all of the land in respect of which the notice was given, the authority must— (a) publish a notice of its decision in at least one newspaper circulating in an area which includes the land; and (b) post such a notice on the land. (7) A notice under sub-paragraph (6) above must specify the date on which the order is to come into force, being a date not earlier than— (a) the end of the period of 14 days beginning with the day on which the notice is given; and (b) the date referred to in sub-paragraph (5)(b) above. (8) A principal litter authority may at any time revoke an order under sub-paragraph (1) above in respect of any land to which the order relates. (9) A principal litter authority must— (a) publish a notice of any revocation under sub-paragraph (8) above in at least one newspaper circulating in an area which includes the land in question; and (b) post such a notice on the land. (10) Sub-paragraph (1) above does not apply to an English county council for an area for which there is a district council. Consent and conditions 3 (1) A principal litter authority may on the application of any person consent to that person or any other person (identified specifically or by description) distributing free printed matter on any land designated by the authority under this Schedule. (2) Consent under this paragraph may be given without limitation or may be limited— (a) by reference to the material to be distributed; (b) by reference to a particular period, or particular times or dates; (c) by reference to any part of the designated land; (d) to a particular distribution. (3) A principal litter authority need not give consent under this paragraph to any applicant where it considers that the proposed distribution would in all the circumstances be likely to lead to defacement of the designated land. (4) Consent need not be given to any applicant if within the period of five years ending on the date of his application— (a) he has been convicted of an offence under paragraph 1 above; or (b) he has paid a fixed penalty under paragraph 7 below. (5) Consent may be given under this paragraph subject to such conditions as the authority consider necessary or desirable for— (a) protecting the designated land from defacement; or (b) the effective operation and enforcement of this Schedule. (6) The conditions which may be imposed by a principal litter authority under this paragraph include conditions requiring any person distributing printed matter pursuant to consent given under this paragraph to produce on demand written evidence of the consent to an authorised officer of the authority. (7) Consent given by a principal litter authority under this paragraph may at any time be revoked (entirely or to any extent) by notice to the person to whom it was given, where— (a) he has failed to comply with any condition subject to which it was given; or (b) he is convicted of an offence under paragraph 1 above or pays a fixed penalty under paragraph 7 below. (8) Any condition imposed under this paragraph in relation to any consent may be varied or revoked by notice given to the person to whom the consent was given. Fees 4 (1) A principal litter authority may require the payment of a fee before giving consent under paragraph 3 above. (2) The amount of a fee under this paragraph is to be such as the authority may determine, but may not be more than, when taken together with all other fees charged by the authority under this paragraph, is reasonable to cover the costs of operating and enforcing this Schedule. Appeals 5 (1) Any person aggrieved by a decision of a principal litter authority under paragraph 3 above— (a) to refuse consent, (b) to impose any limitation or condition subject to which consent is given, (c) to revoke consent (or to revoke it to any extent), may appeal against the decision to a magistrates' court. (2) A magistrates' court may on an appeal under this paragraph— (a) uphold any refusal of consent or require the authority to grant consent (without limitation or condition or subject to any limitation or condition); (b) require the authority to revoke or vary any condition; (c) uphold or quash revocation of consent (or uphold or quash revocation to any extent). Seizure of material 6 (1) Where it appears to an authorised officer of a principal litter authority that a person distributing any printed matter is committing an offence under paragraph 1 above, he may seize all or any of it. (2) Any person claiming to own any printed matter seized under this paragraph may apply to a magistrates' court for an order that the printed matter be released to him. (3) On an application under sub-paragraph (2) above, if the magistrates' court considers that the applicant does own the printed matter, the court shall order the principal litter authority to release it to him, except to the extent that the court considers that the authority needs to retain it for the purposes of proceedings relating to an offence under paragraph 1 above. (4) Any printed matter seized under this paragraph (and not released under sub-paragraph (3) above) must be returned to the person from whom it is seized— (a) at the conclusion of proceedings for the offence (unless the court orders otherwise); (b) at the end of the period in which proceedings for the offence may be instituted, if no such proceedings have been instituted in that period (or have been instituted but discontinued). (5) Where it is not possible to return any printed matter under sub-paragraph (4) above because the name and address of the person from whom it was seized are not known, a principal litter authority may dispose of or destroy it. Fixed penalty notices 7 (1) This paragraph applies where on any occasion it appears to an authorised officer of a principal litter authority that a person has committed an offence under paragraph 1 above on any land designated by the authority under this Schedule. (2) The authorised officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the principal litter authority. (3) Subsections (2) to (5) of section 88 above apply in relation to notices given under this paragraph as they apply to notices under that section. (4) The amount of the fixed penalty payable to a principal litter authority under this paragraph— (a) is the amount specified by the authority in relation to its area; or (b) if no amount is so specified, is— (i) in England, £100, or (ii) in Wales, £75. (5) The principal litter authority to which a fixed penalty is payable under this paragraph may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority. (6) In any proceedings a certificate which— (a) purports to be signed on behalf of the chief finance officer of a principal litter authority, and (b) states that payment of a fixed penalty was or was not received by a date specified in the certificate, is evidence of the facts stated. (7) If an authorised officer of a principal litter authority proposes to give a person a notice under this paragraph, the officer may require the person to give him his name and address. (8) A person commits an offence if— (a) he fails to give his name and address when required to do so under sub-paragraph (7) above; or (b) he gives a false or inaccurate name or address in response to a requirement under that sub-paragraph. (9) A person guilty of an offence under sub-paragraph (8) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (10) In this paragraph, “chief finance officer”, in relation to a principal litter authority, means the person having responsibility for the financial affairs of that authority. Supplementary 8 In this Schedule “authorised officer”, in relation to a principal litter authority, means— (a) an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under paragraph 7 above; (b) any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function; and (c) any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices.

SCHEDULE 4 Abandoned Shopping and Luggage Trolleys

Section 99. Application 1 (1) Subject to sub-paragraph (2) below, this Schedule applies where any shopping or luggage trolley is found by an authorised officer of the local authority on any land in the open air and appears to him to be abandoned. (2) This Schedule does not apply in relation to a shopping or luggage trolley found on the following descriptions of land, that is to say— (a) land in which the owner of the trolley has a legal estate or, in Scotland, of which the owner of the trolley is the owner or occupier; (b) where an off-street parking place affords facilities to the customers of shops for leaving there shopping trolleys used by them, land on which those facilities are afforded; (c) where any other place designated by the local authority for the purposes of this Schedule affords like facilities, land on which those facilities are afforded; and (d) as respects luggage trolleys, land which is used for the purposes of their undertaking by persons authorised by an enactment to carry on any railway, light railway, tramway or road transport undertaking or by a relevant airport operator (within the meaning of Part V of the Airports Act 1986). (3) In sub-paragraph (2)(d) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament. Power to seize and remove trolleys 2 (1) Where this Schedule applies in relation to a shopping or luggage trolley, the local authority may, subject to sub-paragraph (2) below,— (a) seize the trolley; and (b) remove it to such place under its control as the authority thinks fit. (2) When a shopping or luggage trolley is found on any land appearing to the authorised officer to be occupied by any person, the trolley shall not be removed without the consent of that person unless— (a) the local authority has served on that person a notice stating that the authority proposes to remove the trolley; and (b) no notice objecting to its removal is served by that person on the local authority within the period of fourteen days beginning with the day on which the local authority served the notice of the proposed removal on him. Retention, return and disposal of trolleys 3 (1) Subject to the following sub-paragraphs, the local authority, as respects any shopping or luggage trolley it has seized and removed,— (a) shall keep the trolley for a period of six weeks; and (b) may sell or otherwise dispose of the trolley at any time after the end of that period. (2) The local authority shall, as respects any trolley it has seized and removed , as soon as reasonably practicable (but not later than fourteen days) after its removal, serve on the person (if any) who appears to the authority to be the owner of the trolley a notice stating— (a) that the authority has removed the trolley and is keeping it; (b) the place where it is being kept; and (c) that, if it is not claimed, the authority may dispose of it. (3) Subject to sub-paragraph (4) below, if, within the period mentioned in sub-paragraph (1)(a) above, any person claims to be the owner of a shopping or luggage trolley being kept by the authority under that sub-paragraph, the local authority shall, if it appears that the claimant is the owner, deliver the trolley to him. (4) A person claiming to be the owner of a shopping or luggage trolley shall not be entitled to have the trolley delivered to him unless he pays the local authority, on demand, such charge as the authority requires. (5) No shopping or luggage trolley shall be disposed of by the local authority unless (where it has not been claimed) the authority has made reasonable enquiries to ascertain who owns it. 3A (1) This paragraph applies where the local authority is entitled to sell or otherwise dispose of a shopping or luggage trolley in accordance with paragraph 3(1)(b). (2) If it appears to the authority that a particular person is the owner of the trolley, the authority may charge him a sum in respect of the removal, storage and disposal of the trolley. (3) The charge is payable to the authority on demand. (4) The sum payable as a charge under this paragraph is recoverable by the authority as a debt due to it. (5) In proceedings against a person under sub-paragraph (4) for enforcement of a charge, it is a defence for the person to prove that he was not the owner of the trolley to which the charge relates at the time it was removed. Charges 4 (1) The local authority, in fixing the charges to be paid under this Schedule, shall secure that the charges so payable are such as are sufficient , taking one financial year with another, to cover the cost of removing, storing and disposing of shopping or luggage trolleys under this Schedule. (2) The local authority may agree with persons who own shopping or luggage trolleys and make them available for use in its area a scheme for the collection by them of trolleys they make available for use; and where such an agreement is in force with any person, no charge may be demanded under paragraph 3 or 3A above by the local authority in respect of any trolley within the scheme in relation to which the provisions of the scheme are complied with. Definitions 5 In this Schedule— “luggage trolley” means a trolley provided by a person carrying on an undertaking mentioned in paragraph 1(2)(d) above to travellers for use by them for carrying their luggage to, from or within the premises used for the purposes of his undertaking, not being a trolley which is power-assisted; and “shopping trolley”, means a trolley provided by the owner of a shop to customers for use by them for carrying goods purchased at the shop, not being a trolley which is power-assisted.

SCHEDULE 5 . . .

Part I Miscellaneous and Consequential Amendments Amendments relating to appointment of chief inspector 1 (1) Section 8 of the 1960 Act (requirement for disposal etc. of radioactive waste to be authorised by both chief inspector and Minister of Agriculture, Fisheries and Food) shall be amended as follows. (2) In subsection (1) for the words “those Ministers” there shall be substituted the words “the chief inspector and the Minister”. (3) In subsection (4) for the words “Minister or Ministers granting the authorisation” there shall be substituted the words “chief inspector or, as the case may be, the chief inspector and the Minister”. (4) In subsection (5) for the words “Minister or Ministers concerned” where they first appear, there shall be substituted the words “chief inspector or, as the case may be, the chief inspector and the Minister”. (5) In subsections (6) and (8) for the words “Minister or Ministers concerned”, and in subsection (7) for the words “Minister or Ministers”, there shall be substituted the words “chief inspector or, as the case may be, the chief inspector and the Minister”. 2 (1) In section 9 (functions of public and local authorities) in subsection (3) and (4) for the words “of those Ministers” there shall be substituted the words “the chief inspector or the Minister”. (2) In section 12(2), for the words “the preceding subsection” there shall be substituted the words “section 11A of this Act”. 3 In section 19 (general interpretation), after the definition of “the Authority” there shall be inserted the following definition— “the chief inspector” means the chief inspector appointed under subsection (2) of section 11A of this Act; . Amendments consequential on the introduction of fees and charges 4 (1) In section 1(2) (applications for registration of users of radioactive material) after the words “shall be” there shall be inserted the words “accompanied by the prescribed fee and”. (2) In section 8 (authorisation for disposal and accumulation of radioactive waste), after subsection (3) there shall be inserted the following subsection— (3A) Any application for an authorisation shall be accompanied by the prescribed fee. 5 In section 19 (interpretation), in the definition of “prescribed” after the word “Act” there shall be inserted the words “or, in relation to fees or charges payable in accordance with a scheme under section 15A of this Act, prescribed under that scheme”. Documents to be sent to local authorities 6 (1) In section 1 of the 1960 Act (registration for users of radioactive material)— (a) in subsection (2) (applications for registration), at the end there shall be inserted the following words “; and on any such application being made the chief inspector shall, subject to directions under this section, send a copy of the application to each local authority in whose area the premises are situated.”; (b) in subsection (6), for the words from “(unless” to “restricted)” there shall be substituted the words “(subject to directions under this section)”; (c) after subsection (6) there shall be inserted the following subsection— (7) The Secretary of State may direct the chief inspector that in his opinion, on grounds of national security, it is necessary that knowledge of— (a) any particular application for registration under this section or applications of any description specified in the directions, or (b) any particular registration or registrations of any description so specified, should be restricted; and where it appears to the chief inspector that an application or registration is the subject of any such directions, the chief inspector shall not send a copy of the application or the certificate of registration, as the case may be, to any local authority under any provision of this section. (2) In section 3 of the 1960 Act (registration of mobile radioactive apparatus)— (a) after subsection (4) there shall be inserted the following subsection— (4A) On any application being made the chief inspector shall, subject to any directions under this section, send a copy of the application to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment. ; (b) in subsection (5) at the end, there shall be inserted the words “and (subject to directions under this section) shall send a copy of the certificate to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment.”; (c) after subsection (5) there shall be inserted the following subsection— (6) The Secretary of State may direct the chief inspector that, in his opinion, on grounds of national security, it is necessary that knowledge of— (a) any particular application for registration under this section or applications of any description specified in the directions, or (b) any particular registration or registrations of any description so specified, should be restricted; and where it appears to the chief inspector that an application or registration is the subject of any such directions, the chief inspector shall not send a copy of the application or the certificate of registration, as the case may be, to any local authority under any provision of this section. (3) In section 5(2) of the 1960 Act (notice of cancellation or variation of registration), after the words “section one” there shall be inserted the words “or subsection (5) of section three”. (4) In section 8 of the 1960 Act (supplementary provisions as to authorisations)— (a) after subsection (4) there shall be inserted the following subsection— (4A) On any application being made the chief inspector shall, subject to any directions under this section, send a copy of the application to each local authority in whose area, in accordance with the authorisation applied for, radioactive waste is to be disposed of or accumulated. ; (b) in subsection (5)(b), for the words from “(unless” to “restricted)” there shall be substituted the words “, subject to any directions under this section,”; (c) after subsection (5) there shall be inserted the following subsection— (5A) The Secretary of State or, as the case may be the Secretary of State and the Minister of Agriculture, Fisheries and Food may direct the chief inspector that in his or their opinion, on grounds of national security, it is necessary that knowledge of— (a) any particular application for authorisation under section six or section seven of this Act or applications of any description specified in the directions, or (b) any particular authorisation under section six or section seven of this Act or authorisations of any description so specified, should be restricted; and where it appears to the chief inspector that an application or authorisation is the subject of any such directions, the chief inspector shall not send a copy of the application or the certificate of authorisation, as the case may be, to any public or local authority under any provision of this section. ; (d) in subsection (6), for the words “the last preceding subsection” there shall be substituted the words “subsection (5) of this section”. Mobile radioactive apparatus 7 (1) In section 3 of the 1960 Act (registration of mobile radioactive apparatus) for subsections (1) to (3) there shall be substituted the following subsections— (1) No person shall, for the purpose of any activities to which this section applies— (a) keep, use, lend or let on hire mobile radioactive apparatus of any description, or (b) cause or permit mobile radioactive apparatus of any description to be kept, used, lent or let on hire, unless he is registered under this section in respect of that apparatus or is exempted from registration under this section in respect of mobile radioactive apparatus of that description. (2) This section applies to activities involving the use of the apparatus concerned for— (a) testing, measuring or otherwise investigating any of the characteristics of substances or articles; or (b) releasing quantities of radioactive material into the environment or introducing such material into organisms. (3) Any application for registration under this section shall be accompanied by the prescribed fee and shall be made to the chief inspector, specifying— (a) the apparatus to which the application relates, and (b) the manner in which it is proposed to use the apparatus, and containing such other information as may be prescribed. (2) In section 18 of the 1960 Act, for subsection (5) (meaning of “mobile radioactive apparatus”) there shall be substituted the following subsection— (5) In this Act “mobile radioactive apparatus” means any apparatus, equipment, appliance or other thing which is radioactive material and— (a) is constructed or adapted for being transported from place to place; or (b) is portable and designed or intended to be used for releasing radioactive material into the environment or introducing it into organisms. (3) In section 6(2) of the 1960 Act (disposal of waste from use of mobile radioactive apparatus), for the words “the provision by him of services” there shall be substituted the word “activities”. Site and disposal records 8 After section 8 of the 1960 Act there shall be inserted the following section— Retention and production of site or disposal records. 8A (1) The chief inspector may, by notice served on him, impose on any person to whom a registration under section one or section three of this Act relates or an authorisation under section six or section seven of this Act has been granted such requirements authorised by this section in relation to site or disposal records kept by that person as the chief inspector may specify in the notice. (2) The requirements that may be imposed on a person under this section in relation to site or disposal records are— (a) to retain copies of the records for a specified period after he ceases to carry on the activities regulated by his registration or authorisation; or (b) to furnish the chief inspector with copies of the records in the event of his registration being cancelled or his authorisation being revoked or in the event of his ceasing to carry on the activities regulated by his registration or authorisation. (3) In relation to authorisations under section six of this Act in so far as the power to grant or revoke such authorisations is exercisable by the chief inspector and the Minister of Agriculture, Fisheries and Food, references in the preceding subsections to the chief inspector shall be construed as references to the chief inspector and that Minister. (4) In this section, in relation to a registration and the person registered or an authorisation and the person authorised— “the activities regulated” by his registration or authorisation means— (a) in the case of registration under section one of this Act, the keeping or use of radioactive material; (b) in the case of registration under section three of this Act, the keeping, using, lending or hiring of the mobile radioactive apparatus; (c) in the case of an authorisation under section six of this Act, the disposal of radioactive waste; and (d) in the case of an authorisation under section seven of this Act, the accumulation of radioactive waste; “records” means records required to be kept by virtue of the conditions attached to the registration or authorisation relating to the activities regulated by the registration or authorisation; and “site records” means records relating to the condition of the premises on which those activities are carried on or, in the case of registration in respect of mobile radioactive apparatus, of any place where the apparatus is kept and “disposal records” means records relating to the disposal of radioactive waste on or from the premises on which the activities are carried on; and “specified” means specified in a notice under this section. Hearings in connection with certain authorisations 9 (1) In section 11 of the 1960 Act (procedure in connection with applications and authorisations), for subsections (1) and (2) there shall be substituted the following subsection— (1) Before the chief inspector and the Minister of Agriculture, Fisheries and Food— (a) refuse an application for an authorisation under section six of this Act, or (b) attach any limitations or conditions to such an authorisation, or (c) vary such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or (d) revoke such an authorisation, the person directly concerned shall, and such local authorities or other persons whom the Secretary of State and the Minister consider appropriate may, be afforded the opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State and the Minister. (2) In subsection (4) of that section— (a) for the words from “a registration” where they first appear to “Act,” in the second place it appears, there shall be substituted the words “an authorisation under section six of this Act,”; (b) for the words from “a registration” (in the second place they appear) to the end there shall be substituted the words “such an authorisation is a reference to attaching limitations or conditions thereto either in granting the authorisation or in the exercise of any power to vary it.” Appeals against certain other decisions of the chief inspector 10 After the section 11C of the 1960 Act inserted by section 102 of this Act there shall be inserted the following sections— Registrations, authorisations and notices: appeals from decisions of chief inspector. 11D (1) Where the chief inspector— (a) refuses an application for registration under section one or section three of this Act, or refuses an application for an authorisation under section six or section seven of this Act; (b) attaches any limitations or conditions to such a registration or to such an authorisation, or (c) varies such a registration or such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or (d) cancels such a registration or revokes such an authorisation, the person directly concerned may, subject to subsection (3) below, appeal to the Secretary of State. (2) A person on whom a notice under section 11B or section 11C of this Act is served may, subject to subsections (3) and (4) below, appeal against the notice to the Secretary of State. (3) No appeal shall lie— (a) under subsection (1) above in relation to authorisations which are subject to subsection (1) of section eight of this Act; (b) under subsection (1) or (2) above in respect of any decision taken by the chief inspector in pursuance of a direction of the Secretary of State under section 12A or 12B of this Act. (4) No appeal shall lie under subsection (2) above in respect of any notice served in exercise of the power under section 11B or 11C of this Act by the Minister of Agriculture, Fisheries and Food. (5) The Secretary of State may refer any matter involved in an appeal to a person appointed by him for the purpose. (6) An appeal under this section shall, if and to the extent required by regulations under subsection (11) of this section, be advertised in such manner as may be prescribed. (7) If either party to the appeal so requests, an appeal shall be in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private). (8) On determining an appeal from a decision of the chief inspector under subsection (1) of this section the Secretary of State— (a) may affirm the decision, or (b) where that decision was the refusal of an application, may direct the chief inspector to grant the application, (c) where that decision involved limitations or conditions attached to a registration or authorisation, may quash those limitations or conditions wholly or in part, (d) where that decision was a cancellation or revocation of a registration or authorisation, may quash the decision, and where the Secretary of State does any of the things mentioned in paragraph (b), (c) or (d) of this subsection he may give directions to the chief inspector as to the limitations and conditions to be attached to the registration or authorisation in question. (9) On the determination of an appeal in respect of a notice under subsection (2) of this section, the Secretary of State may either cancel or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as he may think fit. (10) The bringing of an appeal against a cancellation or revocation of a registration or authorisation shall, unless the Secretary of State otherwise directs, have the effect of suspending the operation of the cancellation or revocation pending the determination of the appeal; but otherwise the bringing of an appeal shall not, unless the Secretary of State so directs, affect the validity of the decision or notice in question during that period. (11) The Secretary of State may by regulations make provision with respect to appeals under this section (including in particular provision as to the period within which appeals are to be brought). (12) In this section “the person directly concerned” means— (a) in relation to a registration under section one or section three of this Act, the person applying for the registration or to whom the registration relates; (b) in relation to an authorisation under section six or section seven of this Act, the person applying for the authorisation or to whom it was granted; and any reference to attaching limitations or conditions to a registration or authorisation is a reference to attaching limitations or conditions thereto either in effecting or granting the registration or authorisation or in exercising any power to vary it. Enforcement and prohibition notices by the Minister of Agriculture, Fisheries and Food: representations. 11E The Minister of Agriculture, Fisheries and Food shall afford to any person— (a) on whom he has served a notice under section 11B or section 11C of this Act; and (b) who requests a hearing within the prescribed period, an opportunity to appear before and be heard by a person appointed by him for the purpose. Period within which applications under Act to be determined 11 (1) In section 1 of the 1960 Act (registration for users of radioactive material), after subsection (3) there shall be inserted the following subsection— (3A) An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant. (2) In section 3 of that Act (registration for mobile apparatus), after the subsection (4A) inserted by paragraph 6(2) above there shall be inserted the following subsection— (4B) An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant. (3) In section 8 of that Act (supplementary provisions relating to authorisations) after the subsection (3A) inserted by paragraph 4(2) above there shall be inserted the following subsection— (3B) An application for an authorisation under section six or section seven of this Act (other than an application to which subsection (1) of this section applies) which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or such longer period as may be agreed with the applicant. (4) In section 19 of that Act (interpretation)— (a) in subsection (1), after the definition of “prescribed”, there shall be inserted the following definition— “the prescribed period for determinations”, in relation to any applications under this Act, means, subject to subsection (1A) below, the period of four months beginning with the day on which the application was received; and (b) after subsection (1), there shall be inserted the following subsection— (1A) The Secretary of State may by order substitute for the period for the time being specified in the last preceding subsection as the prescribed period for determinations such other period as he considers appropriate. Directions to chief inspector 12 After section 12 of the 1960 Act there shall be inserted the following sections— Power of Secretary of State to give directions to chief inspector. 12A (1) The Secretary of State may, if he thinks fit in relation to— (a) an application for registration under section one or section three of this Act, (b) an application for an authorisation under section six or section seven of this Act, (c) any such registration or authorisation, give directions to the chief inspector requiring him to take any of the steps mentioned in the following subsections in accordance with the directions. (2) A direction under the preceding subsection may require the chief inspector so to exercise his powers under this Act as— (a) to refuse an application for registration or authorisation, or (b) to effect or grant a registration or authorisation, attaching such limitations or conditions (if any) as may be specified in the direction, or (c) to vary a registration or authorisation, as may be so specified, or (d) to cancel or revoke (or not to cancel or revoke) a registration or authorisation. (3) The Secretary of State may give directions to the chief inspector, as respects any registration or authorisation, requiring him to serve a notice under section 11B or section 11C of this Act in such terms as may be specified in the directions. (4) The Secretary of State may give directions requiring the chief inspector to send such written particulars relating to, or to activities carried on in pursuance of, registrations effected or authorisations granted under any provision of this Act as may be specified in the directions to such local authorities as may be so specified. Power of Secretary of State to require certain applications to be determined by him. 12B (1) The Secretary of State may— (a) give general directions to the chief inspector requiring him to refer applications under this Act for registrations or authorisations of any description specified in the directions to the Secretary of State for his determination; and (b) give directions to the chief inspector in respect of any particular application requiring him to refer the application to the Secretary of State for his determination. (2) Where an application is referred to the Secretary of State in pursuance of directions given under this section the Secretary of State may cause a local inquiry to be held in relation to the application. (3) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (supplementary provisions about local enquiries under that section) shall apply to inquiries in pursuance of subsection (2) above as if, in subsection (4) of that section, the words “such local authority or” were omitted. (4) In Scotland, subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (power to direct inquiries) shall apply to inquiries in pursuance of subsection (2) above. (5) After determining any application so referred, the Secretary of State may give the chief inspector directions under section 12A of this Act as to the steps to be taken by him in respect of the application. Inspectors: powers and protection 13 (1) Section 12 of the 1960 Act (rights of entry and inspection) shall be amended as follows. (2) In subsection (2)— (a) in paragraph (a), after the words “reasonable time” there shall be inserted the words “or, in an emergency, at any time”; (b) in paragraph (b)— (i) after the word “tests” there shall be inserted the words “(including dismantling and subjecting to any process)”; (ii) after the word “inspections” there shall be inserted the words “and take such photographs”; and (iii) the words “of waste” shall be omitted; (c) after paragraph (b), there shall be inserted the following paragraph— (bb) give directions that the whole or any part of such premises, or anything in them, be left undisturbed for so long as is reasonably necessary for the purpose of any tests or inspections; and ; and (d) in paragraph (c)— (i) after the words “inspector with” there shall be inserted the words “such facilities and assistance and”; and (ii) for the word “specify” there shall be substituted the words “require, and in the case of answers to his questions, to sign a declaration of the truth of the answers”. (3) After subsection (6) there shall be inserted the following subsection— (6A) The last preceding subsection does not apply in respect of premises in respect of which— (a) a person has been (but is no longer) registered under section one of this Act; or (b) an authorisation has been (but is no longer) in force under subsection (1) of section six or under section seven of this Act; or in respect of premises on which there are reasonable grounds for believing that mobile radioactive apparatus has been or is being kept or used. ; and at the beginning of subsection (6) there shall be inserted the words “Subject to the next following subsection”. (4) After subsection (7) there shall be inserted the following subsections— (7A) An inspector appointed under section 11A of this Act or under subsection (7)(a) of this section shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of his powers under this section if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it. (7B) In England and Wales, an inspector appointed under section 11A of this Act, if authorised to do so by the chief inspector, may, although not of counsel or a solicitor, prosecute before a magistrates’ court proceedings for an offence under section 13 of this Act. Offences under 1960 Act 14 (1) Section 13 of the 1960 Act (offences) shall be amended as follows. (2) In subsection (1) after paragraph (c) there shall be inserted the following paragraph , or (d) being a person who is registered under section one or section three of this Act or to whom an authorisation under section six or section seven of this Act has been granted, fails to comply with any requirement of a notice served on him under section 11B or 11C of this Act . (3) In subsection (2) (penalties for offence under subsection (1)) in paragraph (a), for the words after “summary conviction” there shall be substituted the words “to a fine not exceeding £20,000, or to imprisonment for a term not exceeding six months or both”. (4) In subsection (4) (penalties for offence under subsection (3)) in paragraph (a), for the words from “exceeding” where it first appears to “or to”, there shall be substituted the words “exceeding the statutory maximum, or to”. (5) After subsection (4), there shall be inserted the following subsection— (4A) Any person who fails to comply with a requirement imposed on him under section 8A of this Act shall be guilty of an offence, and shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or both; (b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or both. . (6) In subsection (5)(b) (offence of obstructing inspector)— (a) at the beginning there shall be inserted the word “intentionally”; (b) for the words “the last preceding section” there shall be substituted the words “section twelve of this Act”; and (c) after the word “provide” there shall be inserted the words “facilities or assistance or”. (7) In subsection (5), in the words after paragraph (b), for the words after “offence” there shall be substituted the words and shall be liable— (i) on summary conviction, to a fine not exceeding the statutory maximum; (ii) on conviction on indictment, to a fine. (8) In subsection (6) (pulling down, defacing etc, documents), for the words after “exceeding” there shall be substituted the words “level 2 on the standard scale.”. (9) In subsection (7) (which restricts the persons who may authorise prosecutions in England and Wales), for the word “Minister” there shall be substituted the words “Secretary of State, the chief inspector”. (10) After subsection (8) there shall be inserted the following subsection— (9) Where the commission by any person of an offence under this section is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings for the offence are taken against the first-mentioned person. Public access to certain information 15 After section 13 (offences) of the 1960 Act there shall be inserted the following section— Public access to local authority records relating to documents issued under this Act. 13A (1) The chief inspector shall keep copies of— (a) all applications made to him under any provision of this Act; (b) all documents issued by him under any provision of this Act; (c) all other documents sent by him to any local authority in pursuance of directions of the Secretary of State; and (d) such records of convictions under section thirteen of this Act as may be prescribed in regulations; and he shall make copies of those documents available to the public except to the extent that that would involve the disclosure of information relating to any relevant process or trade secret (within the meaning of subsection (3) of section thirteen of this Act) or would involve the disclosure of applications or certificates as respects which the Secretary of State has directed that knowledge should be restricted on grounds of national security. (2) Each local authority shall keep and make available to the public copies of all documents sent to the authority under any provision of this Act unless directed by the chief inspector or, as the case may be, the Minister of Agriculture, Fisheries and Food and the chief inspector, that all or any part of any such document is not to be available for inspection. (3) Directions under the preceding subsection shall only be given for the purpose of preventing disclosure of relevant processes or trade secrets (within the meaning of subsection (3) of section thirteen of this Act) and may be given generally in respect of all, or any description of, documents or in respect of specific documents. (4) The copies of documents required to be made available to the public by this section need not be kept in documentary form. (5) The public shall have the right to inspect the copies of documents required to be made available under this section at all reasonable times and, on payment of a reasonable fee, to be provided with a copy of any such document. Expenses and receipts 16 In section 16 of the 1960 Act (expenses and receipts)— (a) in subsection (1)(a), for the words following “incurred by” there shall be substituted the words “the Secretary of State or the Minister of Agriculture, Fisheries and Food under this Act”; and (b) in subsection (2), for the word “Minister” there shall be substituted the words “Secretary of State or the Minister of Agriculture, Fisheries and Food”. Meaning of “radioactive material” for purposes of 1960 Act 17 In section 18 of the 1960 Act (meaning of expression “radioactive material” in that Act) after subsection (3) there shall be inserted the following subsection— (3A) For the purposes of paragraph (b) of subsection (2) of this section, a substance shall not be treated as radioactive material if the level of radioactivity is less than such level as may be prescribed for substances of that description. Part II Amendments relating to Scotland and Northern Ireland Scotland 18 In section 20 of the 1960 Act (application of Act to Scotland)— (a) for paragraphs (a) and (b) there shall be substituted the following paragraphs— (a) for any reference to the chief inspector there shall be substituted a reference to the chief inspector for Scotland, being the inspector so appointed by the Secretary of State for the purposes of this Act in relation to Scotland; (b) any reference to the Minister of Agriculture, Fisheries and Food shall be omitted and anything required to be done in England by both the chief inspector and that Minister shall be done in Scotland by the chief inspector for Scotland. ; (b) after paragraph (e) there shall be inserted the following paragraph— (f) in section 11, subsections (1) and (4) shall be omitted. 19 (1) In Schedule 1 to the 1960 Act (enactments, other than local enactments, to which section 9(1) applies)— (a) paragraphs 9 and 11 shall be omitted; (b) after paragraph 17 there shall be added the following paragraphs— 17A Section 201 of the Local Government (Scotland) Act 1973. 17B Section 124 of the Civic Government (Scotland) Act 1982. Northern Ireland 20 In section 21 of the 1960 Act (application of Act to Northern Ireland)— (a) in subsection (2)— (i) for paragraph (a) there shall be substituted the following paragraph— (a) except in section sixteen of this Act any reference to the Secretary of State shall be construed as a reference to the Department of the Environment for Northern Ireland, any reference to the Minister of Agriculture, Fisheries and Food shall be construed as a reference to the Department of Agriculture for Northern Ireland and any reference to the Treasury shall be construed as a reference to the Department of Finance and Personnel for Northern Ireland; ; (ii) at the end there shall be added the following paragraphs— (k) in section 11A(3) of this Act the reference to section 16 of the Environmental Protection Act 1990 shall be construed as a reference to section 10 of the Alkali & Works Regulation Act 1906; (l) section 12(7B) of this Act shall be omitted; (m) for section 12B(3) of this Act there shall be substituted— (3) Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 (provisions as to inquiries) shall apply to inquiries in pursuance of subsection (2) above.”; (n) in section 15A of this Act the reference to each House of Parliament shall be construed as a reference to the Northern Ireland Assembly; (o) any reference to the Crown shall be construed as including a reference to the Crown in right of Her Majesty’s Government in Northern Ireland ; and (b) subsection (4) shall be omitted.

SCHEDULE 7

Preliminary 1 In this Schedule— “chairman” means (except in paragraph 2(1) below) the chairman of the committee; “the committee” means the Joint Nature Conservation Committee; and “council” means a council established by section 128(1) of this Act. Membership 2 (1) The committee shall consist of eleven voting members, namely— (a) a chairman appointed by the Secretary of State; (b) three members appointed by the Secretary of State; (c) the chairman of each council and one other member of each council appointed by that council; and (d) the chairman of the Countryside Agency; and two non-voting members appointed by the Department of the Environment for Northern Ireland. (2) The committee may appoint any voting member to be deputy chairman. 3 The chairman and the three members appointed by the Secretary of State shall be persons who are not members of any of the councils and shall hold and vacate office in accordance with the terms of their appointments. 4 (1) The three members appointed by the Secretary of State shall be persons appearing to the Secretary of State to have experience in or scientific knowledge of nature conservation; and the Secretary of State shall, in determining who to appoint, have regard to any recommendations made to him by the chairman. (2) Before appointing such a member the Secretary of State shall consult the chairman and such persons having scientific knowledge of nature conservation as the Secretary of State considers appropriate. Remuneration and allowances for members 5 (1) The committee shall— (a) pay to the chairman such remuneration and allowances; and (b) pay such pension, allowance or gratuity to or in respect of the chairman or make such payments towards the provision of such pension, allowance or gratuity; as the Secretary of State may with the approval of the Treasury determine. (2) If a person ceases to be chairman and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may require the committee to pay to that person a sum of such amount as the Secretary of State may with the approval of the Treasury determine. 6 The committee shall pay to the three members appointed by the Secretary of State, and to the non-voting members, such remuneration and allowances as the Secretary of State may with the approval of the Treasury determine. Staff etc. and expenses 7 (1) The councils shall provide the committee with . . . such financial resources, as the councils, after consultation with the committee, consider appropriate for the proper discharge of the functions conferred by section 133(2) and (3) of this Act. (1A) The committee may appoint such number of employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine. (1B) The committee shall pay to the employees appointed under sub-paragraph (1A) above such remuneration and allowances as the committee may, with the approval of the Secretary of State given with the consent of the Treasury, determine. (1C) The committee shall, in the case of such of their employees or former employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine— (a) pay such pensions, allowances or gratuities to or in respect of those employees, (b) make such payments towards provision of such pensions, allowances or gratuities, or (c) provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities, as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine. (2) The expenses of the committee shall be defrayed by the councils in such proportions as the councils may agree. (3) In default of agreement between the councils as to any question arising under sub-paragraph (1) or (2) above the Secretary of State shall determine that question. (4) With the consent of the Secretary of State, not given without the approval of the Treasury, and subject to any conditions he may impose, the councils may jointly, through the committee, form a company limited by guarantee the main objects of which fall within sub-paragraph (5). (5) The objects falling within this sub-paragraph are objects of— (a) providing administrative and corporate support services to the committee, including the employment of staff, for the purposes of the special functions (within the meaning of section 133 of this Act); (b) making charges and holding land or any interest in or right over land for those purposes; and (c) doing such other things as are incidental or conducive to the exercise of those functions. (6) The councils, acting jointly through the committee, shall ensure that, at all times, only members of the committee are members of any company formed under sub-paragraph (4). (7) The members of any company formed under sub-paragraph (4) shall ensure that no-one is appointed, or continues to serve, as a director of the company who is not a member of the committee, or an employee of the committee or of the company. (8) Sub-paragraphs (4) to (7) above are without prejudice to any power of the councils jointly through the committee to undertake anything mentioned in sub-paragraph (5) above by virtue of sections 132(2) and 133(2) of this Act. (9) Where a company is formed under sub-paragraph (4) the requirements as to the approval of the Secretary of State given with the consent of the Treasury shall apply in respect of appointment, payment and pension matters for employees and former employees of the company as they do in respect of employees and former employees of the committee under sub-paragraphs (1A), (1B) and (1C) above. Proceedings 8 (1) The committee may regulate their own procedure (including making provision in relation to the quorum of voting members). (2) The proceedings of the committee shall not be invalidated by any vacancy amongst their members or defect in the appointment of any member. Delegation of functions 9 (1) Anything authorised or required to be done by the committee may be done by any member of the committee, by a company formed under paragraph 7(4), by any council or by any employee of the committee, of such a company, or of a council who is authorised (generally or specially) for the purpose by the committee. (2) Nothing in sub-paragraph (1) above shall prevent the committee from doing anything that another person has been authorised to do. Annual reports 10 (1) The committee shall— (a) as soon as possible after 31st March following the date appointed under section 131(3) of this Act make to the Secretary of State a report on their activities down to that date; and (b) make a similar report to him as to each period of twelve months thereafter as soon as possible after its end; and a copy of each such report shall be laid before each House of Parliament by the Secretary of State. (2) The committee shall, at the same time as they make a report under sub-paragraph (1) above, send a copy of it to each of the councils.

SCHEDULE 10

Part I Transfer Schemes: Nature Conservancy Council Making and approval of schemes 1 (1) Before such date or dates as the Secretary of State may direct, the Nature Conservancy Council shall make, and submit to the Secretary of State for his approval, their transfer scheme or schemes under section 135 of this Act (in this Part of this Schedule referred to as a “transfer scheme”). (2) A transfer scheme shall not take effect unless approved by the Secretary of State, who may modify such a scheme before approving it. (3) The Secretary of State may make a transfer scheme himself if— (a) he decides not to approve a scheme which has been submitted to him before the due date (with or without modifications); or (b) no scheme is submitted to him for approval before the due date; but nothing in this sub-paragraph shall prevent the Secretary of State from approving any scheme which may be submitted to him after the due date. (4) A scheme made by the Secretary of State shall be treated for all purposes as having been made by the Council and approved by him. Modification of schemes 2 (1) If at any time after a transfer scheme has come into force the Secretary of State considers it appropriate to do so, having consulted any of the Councils established by section 128 of this Act (in this Schedule referred to as “the new Councils”) which may be affected, he may by order provide that the scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order. (2) An order under sub-paragraph (1) above may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme and in connection with giving effect to that provision from that time may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate. Provision of information to Secretary of State 3 It shall be the duty of the Nature Conservancy Council and the new Councils to provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of or in connection with the exercise of any power conferred on him by paragraphs 1 and 2 above. Contents of schemes 4 A transfer scheme may— (a) define the property, rights and liabilities to be allocated to a particular new Council by specifying or describing them or by referring to all the property, rights and liabilities comprised in a specified part of the undertaking of the Nature Conservancy Council (or partly in one way and partly in the other); (b) create in favour of a new Council— (i) an interest in or right over property transferred in accordance with the scheme (or any earlier scheme) to another new Council; (ii) new rights and liabilities as between that Council and the others; (c) provide that any rights or liabilities specified or described in the scheme shall, or shall to any extent, be enforceable either by or against each of the new Councils or by or against any two of the new Councils which are so specified; (d) require a new Council to enter into written agreements with, or execute other instruments in favour of, another new Council; and a scheme may make such supplemental, incidental and consequential provision as the Nature Conservancy Council considers appropriate (including provision as to the order in which transfers or transactions are to be regarded as having occurred). 5 For the avoidance of doubt property, rights and liabilities of the Nature Conservancy Council may be allocated to a new Council notwithstanding— (a) that they would not, or would not without the consent or concurrence of another person, otherwise be capable of being transferred or assigned; (b) that, in the case of foreign property, steps must be taken by the Council to secure its effective vesting under the relevant foreign law. Part II Transfer Schemes: The Countryside Commission Making and approval of schemes 6 (1) Before such date or dates as the Secretary of State may direct, the Countryside Commission shall make, and submit to the Secretary of State for his approval, their transfer scheme or schemes under section 136 of this Act (in this Part of this Schedule referred to as a “transfer scheme”). (2) A transfer scheme shall not take effect unless approved by the Secretary of State, who may modify such a scheme before approving it. (3) The Secretary of State may make a transfer scheme himself if— (a) he decides not to approve a scheme which has been submitted to him before the due date (with or without modifications); or (b) no scheme is submitted to him for approval before the due date; but nothing in this sub-paragraph shall prevent the Secretary of State from approving any scheme which may be submitted to him after the due date. (4) A scheme made by the Secretary of State shall be treated for all purposes as having been made by the Countryside Commission and approved by him. Modification of schemes 7 (1) If at any time after a transfer scheme has come into force the Secretary of State considers it appropriate to do so, having consulted the Countryside Council for Wales and the Countryside Commission, he may by order provide that the scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order. (2) An order under sub-paragraph (1) above may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme and in connection with giving effect to that provision from that time may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate. Provision of information to Secretary of State 8 It shall be the duty of the Countryside Council for Wales and the Countryside Commission to provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of or in connection with the exercise of any power conferred on him by paragraphs 6 and 7 above. Contents of schemes 9 (1) A transfer scheme may— (a) define the property, rights and liabilities to be allocated to the Countryside Council for Wales by specifying or describing them or by referring to all the property, rights and liabilities comprised in a specified part of the undertaking of the Countryside Commission (or partly in one way and partly in the other); (b) create in favour of the Countryside Commission an interest in or right over property transferred in accordance with the scheme (or any earlier scheme) to the Countryside Council for Wales; (c) require the Countryside Council for Wales to enter into written agreements with, or execute other instruments in favour of, the Countryside Commission; and a scheme may make such supplemental, incidental and consequential provision as the Countryside Commission consider appropriate (including provision as to the order in which transfers or transactions are to be regarded as having occurred). (2) Paragraph 5 above shall apply to transfer schemes under section 136 of this Act. Part III Employment of staff of Existing Bodies Proposals for staff of Nature Conservancy Council 10 Not later than such date or dates as the Secretary of State may determine, the Nature Conservancy Council shall prepare and submit to the Secretary of State for approval proposals that would secure that an offer is made by one of the new Councils to each person who will be entitled to receive an offer under section 137 of this Act. 11 (1) The Secretary of State may, after consultation with the new Councils— (a) approve the proposals submitted to him under paragraph 10 above or modify the proposals before approving them; (b) if he decides not to approve the proposals or if the Nature Conservancy Council fail to submit the proposals by the due date, make his own proposals; and any proposals made by the Secretary of State shall be treated for all purposes as if they were made by the Council and approved by him. (2) It shall be the duty of the Nature Conservancy Council and the new Councils to provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of or in connection with the exercise of any power conferred on him by this paragraph. Proposals for certain staff of the Countryside Commission 12 Not later than such date or dates as the Secretary of State may determine, the Countryside Commission shall prepare and submit to the Secretary of State for approval proposals as to which of their employees are to receive offers of employment from the Countryside Council for Wales under section 137 of this Act. 13 (1) The Secretary of State may, after consultation with the Countryside Council for Wales— (a) approve the proposals submitted to him under paragraph 12 above or modify the proposals before approving them; (b) if he decides not to approve the proposals or if the Countryside Commission fail to submit the proposals by the due date, make his own proposals; and any proposals made by the Secretary of State shall be treated for all purposes as if they were made by the Commission and approved by him. (2) It shall be the duty of the Countryside Commission and the Countryside Council for Wales to provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of or in connection with the exercise of any power conferred on him by this paragraph. Offers of employment 14 (1) Each new Council shall, before such date as the Secretary of State may direct, make offers of employment in accordance with this paragraph to those persons allocated to that Council by the proposals under paragraph 10 above as approved by the Secretary of State. (2) The Countryside Council for Wales shall, before such date as the Secretary of State may direct, make offers of employment in accordance with this paragraph to those persons who are the subject of proposals under paragraph 12 above as approved by the Secretary of State. (3) The terms of employment to be offered shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made. (4) An offer under this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made. Continuity of employment, redundancy etc. 15 Where a person becomes an employee of a new Council in consequence of an offer made under paragraph 14(1) or (2) above, then, for the purposes of the Employment Rights Act 1996, his period of employment with the Nature Conservancy Council, or as the case may be, the Countryside Commission shall count as a period of employment by the new Council and the change of employment shall not break the continuity of the period of employment. 16 Where an offer is made to a person in pursuance of paragraph 14(1) or (2) above, none of the redundancy procedures applicable to such a person shall apply to him; and where that person ceases to be employed by the Nature Conservancy Council or, as the case may be, the Countryside Commission— (a) on becoming employed by a new Council, or (b) having unreasonably refused an offer, . . . he shall not be treated for the purposes of any superannuation or other pension scheme as having been retired on redundancy. Disputes 17 (1) Any dispute as to whether an offer under paragraph 14(1) or (2) above complies with sub-paragraph (3) of that paragraph shall be referred to and determined by an employment tribunal. (2) An employment tribunal shall not consider a complaint referred to it under sub-paragraph (1) above unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer or, where the tribunal is satisfied that it was not reasonably practicable for that to be done, within such further period as the tribunal considers reasonable. (3) Subject to sub-paragraph (4) below, there shall be no appeal from the decision of an employment tribunal under this paragraph. (4) An appeal to the Employment Appeal Tribunal may be made only on a point of law arising from a decision of, or in proceedings before, an employment tribunal under this paragraph.