PART 3Discharge of functions in relation to a regulated facility

Direction to a regulator: discharge of functions by a different regulator33

1

An appropriate authority may direct—

a

the appropriate agency to exercise such local authority functions as are, and for such period as is, specified in the direction, or

b

a local authority to exercise such appropriate agency functions as are, and for such period as is, specified in the direction.

2

A direction under this regulation may include such saving and transitional provisions as the appropriate authority considers necessary or expedient.

3

A direction under this regulation may be made in respect of a description or class of regulated facility or a specific regulated facility.

4

A direction under paragraph (1)(b) may only be made in respect of—

a

an installation, but not in respect of a mining waste operation carried on at an installation, or

b

mobile plant.

5

When giving a direction under this regulation the appropriate authority must notify the persons in paragraph (6) of the direction and publish the direction on its website.

6

The persons are—

a

where the appropriate authority is the Secretary of State, the Agency,

b

where the appropriate authority is the Welsh Ministers, the NRBW, and

c

any local authority or other person whom the appropriate authority considers is affected by the direction.

7

An appropriate authority must not comply with a duty under paragraph (5) in a case where the authority considers that to do so would be contrary to the interests of national security.

8

In paragraph (1) (ignoring any direction under this regulation)—

  • “appropriate agency functions” means functions which are exercisable by the appropriate agency by virtue of regulation 32 or paragraph 2 of Schedule 2;

  • “local authority functions” means functions which are exercisable by a local authority by virtue of regulation 32 or paragraph 2 of Schedule 2.