Change 1 Article Choose an article Title and introductory text 1 The Environment Agency. 2 Transfer of functions to the Agency. 3 Transfer of property, rights and liabilities to the Agency. 4 Principal aim and objectives of the Agency. 5 General functions with respect to pollution control. 6 General provisions with respect to water. 7 General environmental and recreational duties. 8 Environmental duties with respect to sites of special interest. 9 Codes of practice with respect to environmental and recreational duties. 9A Duty of the Agency to cooperate with the Natural Resources Body for Wales 10 Incidental functions of the Agency and the Natural Resources Body for Wales. 11 Advisory committee for Wales. 12 Environment protection advisory committees. 13 Regional and local fisheries advisory committees. 14 Regional flood defence committees. 15 Composition of regional flood defence committees. 16 Change of composition of regional flood defence committee. 16A Power to alter composition of regional flood defence committees in Wales 16B Effect of order under section 16A 17 Local flood defence schemes and local flood defence committees. 18 Composition of local flood defence committees. 18A Power to revoke local flood defence schemes 19 Membership and proceedings of flood defence committees. 20 The Scottish Environment Protection Agency. 20A General purpose of SEPA 21 Transfer of functions to SEPA. 22 Transfer of property, rights and liabilities to SEPA. 23 Functions of staff commission. 25 Assessing flood risk. 26 Power of SEPA to purchase land compulsorily. 27 Power of SEPA to obtain information about land. 28 Power of SEPA to promote or oppose private legislation. 29 Procedure relating to making of byelaws. 30 Records held by SEPA. 31 Guidance on SEPA's general purpose and on sustainable development and other aims and objectives. 32 General environmental and recreational duties. 33 General duties as respects the state of the environment and effects of pollution. 34 General duties with respect to water. 35 Environmental duties as respects Natural Heritage Areas and sites of special interest. 36 Codes of practice with respect to environmental and recreational duties. 37 Incidental general functions. 38 Delegation of functions by Ministers etc. to the new Agencies. 39 General duty of the new Agencies Agency to have regard to costs and benefits in exercising powers. 40 Ministerial directions to the new Agencies. 41 Power to make schemes imposing charges. 41A Charges in respect of the EU greenhouse gas emissions trading scheme 41B Charging schemes in respect of abstraction and impounding licences: joint charging schemes 41C Charging schemes in respect of abstraction and impounding licences: cross-border arrangements 42 Approval of charging schemes. 43 Incidental power of the new Agencies to impose charges. 44 General financial duties. 45 Accounts and records. 46 Audit. 46A Audit: SEPA 47 Grants to the new Agencies. 48 Borrowing powers. 49 Government loans to the new Agencies. 50 Government guarantees of a new Agency’s borrowing. 51 Provision of information by the new Agencies. 52 Annual report. 53 Inquiries and other hearings. 54 Appearance in legal proceedings. 55 Continuity of exercise of functions: the new Agencies. 56 Interpretation of Part I. 57 Contaminated land. 58 Abandoned mines: England and Wales. 59 Abandoned mines: Scotland. 60 Amendments to sections 89 and 161 of the Water Resources Act 1991. 61 Purposes of National Parks. 62 Duty of certain bodies and persons to have regard to the purposes for which National Parks are designated. 63 Establishment of National Park authorities. 64 National Park authorities in Wales. 65 General purposes and powers. 65A English National Park authorities: general powers 65B Boundaries of powers under section 65A 65C Power to make provision supplemental to section 65A 65D Procedure etc for regulations under section 65C 66 National Park Management Plans. 66A National Park Management Plans (England): further provision 66B Regulations under section 66A: procedure etc 67 National Park authority to be local planning authority. 68 Planning authority functions under National Parks legislation etc. 69 Planning authority functions under the Wildlife and Countryside Act 1981. 70 Other statutory functions. 71 National Park authorities to be levying bodies. 72 National Park grant. 73 Capital finances and borrowing. 74 Validation of certain grants paid to local authorities in respect of expenditure relating to National Parks. 75 Powers to make orders. 76 Agreements as to incidental matters. 77 Isles of Scilly. 78 Minor and consequential amendments relating to National Parks. 79 Interpretation of Part III. 80 National air quality strategy. 80A Duty to report on air quality in England 81 Functions of the new Agencies. 81A Functions of relevant public authorities etc 81B Functions of relevant Welsh public authorities etc. 82 Local authority reviews. 83 Designation of air quality management areas. 83A Duties of English local authorities in relation to designated areas 83B Duties of Welsh local authorities in relation to designated areas 84 Duties of Scottish ... local authorities in relation to designated areas. 85 Reserve powers of the Secretary of State or SEPA. 85A Duty of air quality partners to co-operate 85B Role of air quality partners in relation to action plans 86 Functions of county councils for areas for which there are district councils. 86A Role of the Mayor of London in relation to action plans. 86B Role of combined authorities in relation to action plans 86C Role of combined county authorities in relation to action plans 87 Regulations for the purposes of Part IV. 88 89 90 Supplemental provisions. 91 Interpretation of Part IV. 92 National waste strategy. 93 Producer responsibility: general. 94 Producer responsibility: supplementary provisions. 94A Producer responsibility: competition matters. 95 Producer responsibility: offences. 96 Mineral planning permissions 97 Hedgerows. 98 Grants for purposes conducive to conservation. 99 Consultation before making or modifying certain subordinate legislation for England. 100 Meaning of “drainage” in certain enactments. 101 Grants in connection with drainage works. 102 Sea fisheries. 103 Other marine or aquatic environmental conservation powers. 104 Fixed penalty system for certain fisheries offences. 105 Minor and consequential amendments relating to fisheries. 106 Control of pollution of water in Scotland. 107 Statutory nuisances: Scotland. 108 Powers of enforcing authorities and persons authorised by them. 108A Procedure where documents removed 109 Power to deal with cause of imminent danger of serious pollution etc. 109A Power to issue restriction notices: England and Wales 109B Cancellation or variation of restriction notices 109C Service of restriction notices etc. 109D Power of court to make restriction orders: England and Wales 109E Temporary orders 109F Extension of restriction orders 109G Variation or discharge of restriction orders 109H Enforcement of restriction orders 109I Appeals against decisions on restriction orders 109J Access to other premises 109K Recovery of costs 109L Exemption from liability 109M Compensation 109N Interpretation 110 Offences. 110A Search and seizure of vehicles, etc. 110B Offences of obstructing, not co-operating, etc. 110C Handling of seized property 110D Power to apply enforcement powers in respect of offences 111 Evidence in connection with certain pollution offences. 112 Amendment of certain offences relating to false or misleading statements or false entries. 113 Disclosure of information. 114 Power of Secretary of State to delegate his functions of determining, or to refer matters involved in, appeals. 115 Application of this Act to the Crown. 116 Application of certain other enactments to the Crown. 117 Application of this Act to the Isles of Scilly. 118 Application of certain other enactments to the Isles of Scilly. 119 Stamp duty. 120 Minor and consequential amendments, transitional and transitory provisions, savings and repeals. 121 Local statutory provisions: consequential amendments etc. 122 Directions. 123 Service of documents. 124 General interpretation. 125 Short title, commencement, extent, etc. SCHEDULE 1 The Environment Agency SCHEDULE 2 Transfers of property etc: supplemental provisions SCHEDULE 4 Boundaries of regional flood defence areas SCHEDULE 5 Membership and proceedings of regional and local flood defence committees SCHEDULE 6 The Scottish Environment Protection Agency SCHEDULE 7 National Park authorities SCHEDULE 8 Supplemental and incidental powers of National Park authorities SCHEDULE 9 Miscellaneous statutory functions of National Park authorities SCHEDULE 10 Minor and consequential amendments relating to National Parks SCHEDULE 11 Air Quality: Supplemental Provisions SCHEDULE 12 Schedule 2A to the Environmental Protection Act 1990 SCHEDULE 13 Review of Old Mineral Planning Permissions SCHEDULE 14 Periodic Review of Mineral Planning Permissions SCHEDULE 15 Minor and consequential amendments relating to fisheries SCHEDULE 16 Pollution of rivers and coastal waters in Scotland: amendment of the Control of Pollution Act 1974 SCHEDULE 17 Statutory nuisances: Scotland SCHEDULE 18 Supplemental provisions with respect to powers of entry SCHEDULE 19 Offences relating to false or misleading statements or false entries SCHEDULE 20 Delegation of appellate functions of the Secretary of State SCHEDULE 21 Application of certain enactments to the Crown SCHEDULE 22 Minor and consequential amendments SCHEDULE 23 Transitional and transitory provisions and savings SCHEDULE 24 Repeals and revocations
What to do with it
As published
109E Temporary orders
(1) This section applies where an application has been made to a magistrates’ court under section 109D(1)(a) for a restriction order.
(2) The court may adjourn the hearing of the application for a period of not more than 14 days to enable—
(a) the appropriate agency to show why a restriction order should be made;
(b) the occupier or the owner of the premises to show why a restriction order should not be made.
(3) If the court adjourns the hearing, the restriction notice continues in force until the court has determined the application.
(4) If the court does not make a restriction order it may nevertheless order that the restriction notice continues in force for a specified further period of not more than 72 hours if it is satisfied that—
(a) there is a risk of serious pollution to the environment or serious harm to human health which is a result of the treatment, keeping, deposit or disposal of waste in or on the premises, and
(b) the notice is necessary to prevent that risk from continuing.
Your wording
Your change, as a redline
109E Temporary orders
(1) This section applies where an application has been made to a magistrates’ court under section 109D(1)(a) for a restriction order.
(2) The court may adjourn the hearing of the application for a period of not more than 14 days to enable—
(a) the appropriate agency to show why a restriction order should be made;
(b) the occupier or the owner of the premises to show why a restriction order should not be made.
(3) If the court adjourns the hearing, the restriction notice continues in force until the court has determined the application.
(4) If the court does not make a restriction order it may nevertheless order that the restriction notice continues in force for a specified further period of not more than 72 hours if it is satisfied that—
(a) there is a risk of serious pollution to the environment or serious harm to human health which is a result of the treatment, keeping, deposit or disposal of waste in or on the premises, and
(b) the notice is necessary to prevent that risk from continuing.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.