Search Legislation

The Industrial Pollution Control (Northern Ireland) Order 1997

Status:

This is the original version (as it was originally made).

Discharge and scope of functions

5.—(1) This Article determines the authority by which the functions conferred or imposed by this Order otherwise than on the Department or 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 integrated central control, shall be functions of the chief inspector appointed by the Department under Article 16 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) Those functions, in their application to prescribed processes designated for restricted central control, shall be functions of the chief inspector appointed by the Department under Article 16 and 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) Subject to paragraph (5), 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 district council in whose district the person carrying on the process has his principal place of business; and

(b)in any other cases, the district council in whose district 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).

(5) The Department may, as respects the functions under this Order being exercised by a district council 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.

(6) Functions transferred under paragraph (5) to the chief inspector 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).

(7) A direction under paragraph (5) may transfer functions as exercisable in relation to all or any description of prescribed processes carried on by all or any description of persons (a “general direction”) or in relation to a prescribed process carried on by a specified person (a “specific direction”).

(8) A direction under paragraph (5) may include such saving and transitional provisions as the Department considers necessary or expedient.

(9) The Department, on giving or withdrawing a direction under paragraph (5), shall—

(a)in the case of a general direction—

(i)forthwith serve notice of it on the chief inspector and on the district councils affected by the direction; and

(ii)cause notice of it to be published as soon as practicable in the Belfast Gazette and in at least one newspaper circulating in the district of each district council affected by the direction;

(b)in the case of a specific direction—

(i)forthwith serve notice of it on the chief inspector, the district council affected by the direction and the person carrying on or appearing to the Department to be carrying on the process affected, and

(ii)cause notice of it to be published as soon as practicable in the Belfast Gazette and in at least one newspaper circulating in the council’s district;

and any such notice shall specify the date at which the direction is to take (or took) effect and (where appropriate) its duration.

(10) The requirements of head (ii) of sub-paragraph (a) or, as the case may be, of sub-paragraph (b) of paragraph (9) shall not apply in any case where, in the opinion of the Secretary of State, the publication of notice in accordance with that head would be contrary to the interests of national security.

(11) It shall be the duty of the chief inspector to follow developments in technology and techniques for preventing or reducing pollution of the environment due to releases of substances e from prescribed processes; and district councils shall follow such of those developments as concern releases into the air of substances from prescribed processes designated for local control.

(12) It shall be the duty of the chief inspector and district councils to give effect to any directions given to them under any provision of this Order.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources