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.

    18/248 (page 8)
    1984 c. 22. Further provision as to discharge and scope of functions: Scotland. Authorisations: general provisions. c. 43 Environmental Protection Act 1990 (12) Where, by an order under section 2 of the Public Health (Control of Disease) Act 1984, a port health authority has been constituted for any port health district, the port health authority shall have by virtue of this subsection, as respects its district, the functions conferred or imposed by this Part and no such order shall be made assigning those functions; and “local authority” and ‘“‘area” shall be construed accordingly. 5.—(1) For the purposes of section 4(2) above in its application to Scotland, the Secretary of State shall make regulations prescribing— (a) the method and arrangements for determining whether the functions referred to in that subsection shall be functions of the chief inspector or of a river purification authority; (b) if the functions are determined under paragraph (a) above to be functions of a river purification authority, the river purification authority by whom they are to be exercised. (2) The Secretary of State may make regulations prescribing— (a) the circumstances and manner in which consultation shall be carried out between— (i) whichever of the chief inspector or river purification authority is determined under regulations made under subsection (1) above to be the enforcing authority, and (11) the other (the “consulted authority’), before granting, varying, transferring or revoking an authorisation or serving an enforcement or prohibition notice; (b) the circumstances in which the consulted authority may require the enforcing authority to include, in an authorisation, conditions which the consulted authority reasonably believe will achieve the objectives specified in section 7(2) below. (3) Regulations under this section may contain such incidental, supplemental and consequential provision as the Secretary of State considers appropriate. (4) This section applies to Scotland only. Authorisations 6.—(1) No person shall carry on a prescribed process after the date prescribed or determined for that description of process by or under regulations under section 2(1) above (but subject to any transitional provision made by the regulations) except under an authorisation granted by the enforcing authority and in accordance with the conditions to which it is subject. (2) An application for an authorisation shall be made to the enforcing authority in accordance with Part I of Schedule | to this Act and shall be accompanied by the fee prescribed under section 8(2)(a) below. (3) Where an application is duly made to the enforcing authority, the authority shall either grant the authorisation subject to the conditions required or authorised to be imposed by section 7 below or refuse the application. (4) An application shall not be granted unless the enforcing authority considers/that the applicant will be able to carry on the process so as to comply with the conditions which would be included in the authorisation.