Part I The Environment Agency and the Scottish Environment Protection Agency

Chapter III Miscellaneous, General and Supplemental Provisions Relating to the New Agencies F3and the Natural Resources Body for Wales

Annotations:

Additional general powers and duties

39 General duty of the F1new AgenciesF1Agency to have regard to costs and benefits in exercising powers.

1

F4Each newF4The Agency—

a

in considering whether or not to exercise any power conferred upon it by or under any enactment, or

b

in deciding the manner in which to exercise any such power,

shall, unless and to the extent that it is unreasonable for it to do so in view of the nature or purpose of the power or in the circumstances of the particular case, take into account the likely costs and benefits of the exercise or non-exercise of the power or its exercise in the manner in question.

2

The duty imposed upon F2a newF2the Agency by subsection (1) above does not affect its obligation, nevertheless, to discharge any duties, comply with any requirements, or pursue any objectives, imposed upon or given to it otherwise than under this section.