PART 5Water

Water quality

I192Solway Tweed river basin district: power to transfer functions

1

The Secretary of State may by regulations amend or modify the Solway Tweed Regulations in accordance with this section.

2

The “Solway Tweed Regulations” means the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99).

3

The regulations may provide for a function under the Solway Tweed Regulations which is exercisable (to any extent)—

a

by the Secretary of State and the Scottish Ministers jointly,

b

by the Secretary of State and the Scottish Ministers concurrently, or

c

only by the Secretary of State or the Scottish Ministers,

to be exercised (to any extent) in another of those ways.

4

The regulations may provide for a function under the Solway Tweed Regulations which is exercisable (to any extent)—

a

by the Environment Agency and SEPA jointly,

b

by the Environment Agency and SEPA concurrently, or

c

only by the Environment Agency or SEPA,

to be exercised (to any extent) in another of those ways.

5

The regulations may make provision changing the geographical area in relation to which a function under the Solway Tweed Regulations is exercisable (or is exercisable by a specified person).

6

The regulations may also provide—

a

for a function within subsection (3) to be exercisable only with the consent of, or after consultation with, the Secretary of State or the Scottish Ministers;

b

for a function within subsection (4) to be exercisable only with the consent of, or after consultation with, the Environment Agency, SEPA, the Secretary of State or the Scottish Ministers.

7

The Secretary of State may make regulations under this section only with the consent of the Scottish Ministers.

8

Regulations under this section are subject to the negative procedure.

9

In this section “SEPA” means the Scottish Environment Protection Agency.