The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006

The Environment Act 1995

8.—(1) The Environment Act 1995(1) is amended as follows.

(2) In section 33(5) (general duties with respect to pollution control)–

(a) in paragraph (b) omit “Part III of the 1951 Act, the Rivers (Prevention of Pollution) (Scotland) Act 1965 and”;

(b) omit “and” where it occurs immediately after paragraph (ga); and

(c) insert after paragraph (h)–

“and;

(i) the Water Environment and Water Services (Scotland) Act 2003 (asp 3) and any regulations made under that Act.”.

(3) In section 56(1) (interpretation of Part I)–

(a) omit the definition of “the 1951 Act”; and

(b) in the definition of “environmental licence” applying in relation to SEPA, omit paragraphs (a) and (e).

(4) In section 108(15) (powers of enforcing authorities and persons authorised by them) in the definition of “pollution control functions” applying in relation to SEPA, omit paragraphs (b) and (c).

(5) In section 114(2) (power of Secretary of State to delegate his functions of determining, or to refer matters involved in, appeals)–

(a) for sub-paragraph (i) of paragraph (a) substitute–

“(i) section 42B(5) of the Control of Pollution Act 1974,”;

(b) omit sub-paragraph (iv) of paragraph (a);

(c) after sub-paragraph (viii) insert–

“(ix) regulations under section 20 (regulation of controlled activities) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3),”; and

(d) omit paragraph (b).

(6) In paragraph 4(3) of Schedule 20 (delegation of appellate functions of the Secretary of State)–

(a) omit “or” where it appears before sub sub paragraph (d); and

(b) after sub sub paragraph (d) insert-

“; or

(e) regulation 46(j) of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348).”.

(1)

1995 c. 25, as relevantly amended by the Pollution Prevention and Control Act 1999 (c. 24), section 6, Schedule 2, paragraphs 16 and 17 and Schedule 3, S.I. 1999/743, 2000/1973, S.S.I. 2000/325, 2003/171 and 2004/175.