Environment Act 1995 : Chapter 25.

  • United Kingdom
Date:
[1995]
Catalogue details

Licence: Open Government Licence

Credit: Environment Act 1995 : Chapter 25. Source: Wellcome Collection.

    39/404 page 31
    (6) In this section, “authorisation” includes any consent, licence or permission. (7) Any expression used in this section and in Part I of the 1991 Act and not defined in this Act shall be construed in accordance with that Part. 36.—(1) The Secretary of State shall have power by order to approve any code of practice issued (whether by him or by another person) for the purpose of— . (a) giving practical guidance to SEPA with respect to any of the matters for the purposes of which sections 32, 34(2) and 35 above have effect; and (b) promoting what appear to him to be desirable practices by SEPA with respect to those matters, and may at any time by such an order approve a modification of such a code or withdraw his approval of such a code or modification. (2) In discharging its duties under section 32, 34(2) or 35 above, SEPA shall have regard to any code of practice, and any modifications of a code of practice, for the time being approved under this section. (3) The Secretary of State shall not make an order under this section unless he has first consulted— (a) SEPA; (b) Scottish Natural Heritage; (c) Scottish Enterprise; (d) Highlands and Islands Enterprise; (e) the East of Scotland Water Authority; (f) the West of Scotland Water Authority; (g) the North of Scotland Water Authority; and (h) such other persons as he considers it appropriate to consult. (4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament. CHAPTER III MISCELLANEOUS, GENERAL AND SUPPLEMENTAL PROVISIONS RELATING TO THE NEw AGENCIES Additional general powers and duties 37._(1) Each new Agency (that is to say, in this Part, the Agency or SEPA)— (a) may do anything which, in its opinion, is calculated to facilitate, or is conducive or incidental to, the carrying out of its functions; and (b) without prejudice to the generality of that power, may, for the purposes of, or in connection with, the carrying out of those functions, acquire and dispose of land and other property and carry out such engineering or building operations as it considers appropriate; and the Agency may institute criminal proceedings in England and Wales. ParT I CHAPTER IT Codes of practice with respect to environmental and recreational duties. Incidental general functions.
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