The Environment (Northern Ireland) Order 2002

Preliminary N.I.

1.—(1) Establishing standards, objectives or requirements in relation to emissions within the meaning of the regulations. N.I.

(2) Authorising the making of plans for—

(a) the setting of overall limits,

(b) the allocation of quotas, or

(c) the progressive improvement of standards or objectives,

relating to such emissions.

(3) Authorising the making of schemes for the trading or other transfer of quotas so allocated.

2.—(1) Conferring functions on the Department or the Secretary of State and determining the other bodies or persons (in this Schedule referred to as “enforcing authorities”) by which functions conferred by the regulations— N.I.

(a) in relation to permits under the regulations, or

(b) otherwise for or in connection with the prevention or control of environmental pollution,

are to be exercisable.

(2) Specifying any purposes for which any such functions are to be exercisable by enforcing authorities.

3.  Enabling the Department or the Secretary of State to give directions which enforcing authorities are to comply with, or guidance which enforcing authorities are to have regard to, in exercising functions under the regulations, including— N.I.

(a) directions providing for any functions exercisable by one enforcing authority to be instead exercisable by another, or by the Department or Secretary of State;

[F1 (b) directions given for the purposes of the implementation of—

(i) any [F2 assimilated] obligations;

(ii) any obligations of the United Kingdom under any international agreement to which the United Kingdom is a party;]

(c) directions relating to the exercise of any function in a particular case or class of case.

F1 Sch. 1 para. 3(b) substituted (31.12.2020) by The Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/584), regs. 1, 25(a) (with reg. 46(1)(2)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in Sch. 1 para. 3(b)(i) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 49(2)(f)