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Environment Act 1995
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- 1995 c. 25
- Part V
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Environment Act 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act amendment to earlier affecting provision SI 1999/672 Sch. 1 by 2003 c. 37 s. 100(5)-(7)
- Act modified by S.I. 2006/1379 reg. 18
- Act power to amend conferred by 2010 c. 29 s. 28
- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 11A(1) text amended by 2006 c. 16 s. 62 Sch. 12
- s. 16A 16B inserted by 2003 c. 37 s. 67
- s. 16A(6) repealed by S.I. 2007/1388 Sch. 1 para. 46
- s. 18A inserted by 2003 c. 37 s. 66(2)
- s. 41A inserted by S.I. 2005/925 Sch. 6 para. 1(2)
- s. 41A heading words substituted by S.I. 2011/2911 Sch. para. 23(a)
- s. 41A(1) words omitted by S.I. 2011/2911 Sch. para. 23(b)
- s. 41A(2)(a) words inserted by S.I. 2011/2911 Sch. para. 23(c)
- s. 41A(5) words inserted by S.I. 2011/2911 Sch. para. 23(d)
- s. 41A(6)(a) words inserted by S.I. 2011/2911 Sch. para. 23(e)
- s. 41A(7) substituted by S.I. 2011/2911 Sch. para. 23(f)
Commencement Orders yet to be applied to the Environment Act 1995:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2006/934 art. 2 commences (1995 c. 25)
- S.S.I. 2003/206 art. 2 commences (1995 c. 25)
- S.S.I. 2004/541 art. 2 commences (1995 c. 25)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/272 art. 2 commences (2000 c. 37)
- S.I. 2003/2938 art. 2-7 commences (2003 c. 26)
- S.I. 2003/3034 art. 2 commences (2003 c. 26)
- S.I. 2004/641 art. 2-5 commences (2003 c. 37)
- S.I. 2004/690 art. 2-4 commences (2003 c. 38)
- S.I. 2004/910 art. 2 commences (2003 c. 37)
- S.I. 2004/999 art. 2 commences (2003 c. 38)
- S.I. 2004/2097 art. 2 commences (2004 c. 5)
- S.I. 2004/2202 art. 2 3 commences (2004 c. 5)
- S.I. 2004/2528 art. 2-3 commences (2003 c. 37)
- S.I. 2004/2916 art. 2 commences (2003 c. 37)
- S.I. 2005/2847 art. 2 commences (2004 c. 5)
- S.I. 2005/2896 art. 2 3 commences (2005 c. 16)
- S.I. 2006/768 art. 2-4 commences (2005 c. 16)
- S.I. 2006/984 art. 2 commences (2003 c. 37)
- S.I. 2006/2541 art. 2 commences (2006 c. 16)
- S.I. 2006/3257 art. 2 commences (2000 c. 37)
- S.I. 2007/456 art. 2 3 commences (2006 c. 26)
- S.I. 2007/816 art. 2 3 commences (2006 c. 16)
- S.I. 2007/1021 art. 2 commences (2003 c. 37)
- S.I. 2007/2386 art. 2 3 commences (2006 c. 26)
- S.I. 2007/2584 art. 2 commences (2006 c. 26)
- S.I. 2007/3136 art. 2 commences (2007 c. 28)
- S.I. 2008/172 art. 2-9 commences (2007 c. 28)
- S.I. 2008/917 art. 2-5 commences (2007 c. 28)
- S.I. 2008/1960 art. 2 commences (2006 c. 26)
- S.I. 2009/3250 art. 2 commences (2007 c. 29)
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2009/3345 art. 2 commences (2009 c. 23)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2010/630 art. 3 commences (2009 c. 23)
- S.I. 2010/2169 art. 3-5 commences (2010 c. 29)
- S.I. 2011/556 art. 1-3 commences (2009 c. 23)
- S.I. 2011/694 art. 3 4 commences (2010 c. 29)
- S.I. 2011/2204 art. 3 4 commences (2010 c. 29)
- S.I. 2011/2460 art. 2 commences (2006 c. 26)
- S.I. 2011/2896 art. 2 commences (2011 c. 20)
- S.S.I. 2004/495 art. 2 commences (2004 asp 6)
- S.S.I. 2009/319 art. 2 Sch. 1 commences (2008 asp 5)
- S.S.I. 2009/341 art. 2 commences (2009 asp 12)
- S.S.I. 2009/393 art. 2 Sch. commences (2009 asp 6)
- S.S.I. 2010/221 art. 3 commences (2010 asp 8)
AppealsE+W+S
114 Power of Secretary of State to delegate his functions of determining, or to refer matters involved in, appeals.E+W+S
(1)The Secretary of State may—
(a)appoint any person to exercise on his behalf, with or without payment, any function to which this paragraph applies; or
(b)refer any item to which this paragraph applies to such person as the Secretary of State may appoint for the purpose, with or without payment.
(2)The functions to which paragraph (a) of subsection (1) above applies are any of the Secretary of State’s functions of determining—
(a)an appeal under—
(i)section 31A(2)(b), 42B(5), 46C or 49B of the M1Control of Pollution Act 1974,
(ii)section 4 of the M2Control of Pollution (Amendment) Act 1989,
(iii)section 15, 22(5), 43, 62(3)(c), 66(5), 78L or 78T of the M3Environmental Protection Act 1990,
(iv)paragraph 2 or paragraph 3(3) of Schedule 6 to the M4Natural Heritage (Scotland) Act 1991,
(v)section 43, 91, 92, 96, 161C or 191B(5) of the M5Water Resources Act 1991,
(vi)section 26 of the M6Radioactive Substances Act 1993 against any decision of, or notice served by, SEPA,
(vii)paragraph 6 of Schedule 5 to the M7Waste Management Licensing Regulations 1994,
[F1(viii)regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to Scot;land,]
[F2(viii)regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to England and Wales,]
or any matter involved in such an appeal;
(b)the questions, or any of the questions, which fall to be determined by the Secretary of State under section 39(1) or section 49(4) of the M8Control of Pollution Act 1974.
(3)The items to which paragraph (b) of subsection (1) above applies are—
(a)any matter involved in an appeal falling within subsection (2)(a) above;
(b)any of the questions which fall to be determined by the Secretary of State under section 39(1) or section 49(4) of the Control of Pollution Act 1974.
(4)Schedule 20 to this Act shall have effect with respect to appointments under subsection (1)(a) above.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1S. 114(2)(a)(viii) inserted (S.) (28.9.2000) by S.S.I. 2000/323, regs. 1(1), 36, Sch. 10 para. 5(4)
F2S. 114(2)(a)(viii) inserted (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 para. 18
Modifications etc. (not altering text)
C1S. 114(1)(3)(a)(4) applied (with modifications) (E.W.) (4.5.2000) by S.I. 2000/1043, reg. 8
S. 114(1)(3)(a)(4) applied (S.) (8.5.2000) by S.S.I. 2000/95, reg. 8
Marginal Citations
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