Environmental Protection Act 1990 : chapter 43.

  • Great Britain.
Date:
[1990], ©1990
Catalogue details

Licence: Open Government Licence

Credit: Environmental Protection Act 1990 : chapter 43. Source: Wellcome Collection.

    16/248 (page 6)
    197 3:c..36. Discharge and scope of functions. c. 43 Environmental Protection Act 1990 (d) the progressive improvement in the quality objectives and quality standards established by regulations under subsection (4) above; and the Secretary of State may, from time to time, revise any plan so made. (6) Regulations or plans under this section may be made for any purposes of this Part or for other purposes. (7) The Secretary of State shall give notice in the London, Edinburgh and Belfast Gazettes of the making and the revision of any plan under subsection (5) above and shall make the documents containing the plan, or the plan as so revised, available for inspection by members of the public at the places specified in the notice. (8) Subject to any Order made after the passing of this Act by virtue of subsection (1)(a) of section 3 of the Northern Ireland Constitution Act 1973, the making and revision of plans under subsection (5) above shall not be a transferred matter for the purposes of that Act but shall for the purposes of subsection (2) of that section be treated as specified in Schedule 3 to that Act. 4.—(1) This section determines the authority by whom the functions conferred or imposed by this Part otherwise than on the Secretary of State are exercisable and the purposes for which they are exercisable. (2) Those functions, in their application to prescribed processes designated for central control, shall be functions of the chief inspector appointed for England and Wales by the Secretary of State under section 16 below and, in relation to Scotland, of the chief inspector so appointed for Scotland or of the river purification authority, as determined under regulations made under section 5(1) below, and shall be exercisable for the purpose of preventing or minimising pollution of the environment due to the release of substances into any environmental medium. (3) Subject to subsection (4) below, those functions, in their application to prescribed processes designated for local control, shall be functions of— (a) in the case of a prescribed process carried on (or to be carried on) by means of mobile plant, the local authority in whose area the person carrying on the process has his principal place of business; and (b) in any other cases, the local authority in whose area the prescribed processes are (or are to be) carried on; and the functions applicable to such processes shall be exercisable for the purpose of preventing or minimising pollution of the environment due to the release of substances into the air (but not into any other environmental medium). (4) The Secretary of State may, as respects the functions under this Part being exercised by a local authority specified in the direction, direct that those functions shall be exercised instead by the chief inspector while the direction remains in force or during a period specified in the direction. (5) A transfer of functions under subsection (4) above to the chief inspector does not make them exercisable by him for the purpose of preventing or minimising pollution of the environment due to releases of substances into any other environmental medium than the air.