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Environment Act 1995

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21 Transfer of functions to SEPA.E+W+S

(1)On the transfer date there shall by virtue of this section be transferred to SEPA—

(a)the functions of river purification authorities, that is to say—

(i)their functions with respect to water resources under or by virtue of Part III of the M1Rivers (Prevention of Pollution) (Scotland) Act 1951 (in this Part referred to as “the 1951 Act”) and Part II of the M2Natural Heritage (Scotland) Act 1991;

(ii)their functions with respect to water pollution under or by virtue of Part III of the 1951 Act, the M3Rivers (Prevention of Pollution) (Scotland) Act 1965 and Part II of the M4Control of Pollution Act 1974;

(iii)their functions as enforcing authority, in relation to releases of substances into the environment, under or by virtue of Part I of the 1990 Act;

(iv)their functions with respect to flood warning systems under or by virtue of Part VI of the M5Agriculture Act 1970; and

(v)the functions assigned to them by or under any other enactment apart from this Act;

(b)the functions of waste regulation authorities, that is to say, the functions conferred or imposed on them by or under—

(i)the M6Control of Pollution (Amendment) Act 1989; or

(ii)Part II of the 1990 Act,

or assigned to them by or under any other enactment apart from this Act;

(c)the functions of disposal authorities under or by virtue of sections 3 to 10, 16, 17(1)(a) and 17(2)(b) to (d) of the M7Control of Pollution Act 1974;

(d)the functions of the chief inspector for Scotland constituted under section 16(3) of the 1990 Act, that is to say, the functions conferred or imposed on him by or under Part I of that Act or assigned to him by or under any other enactment apart from this Act;

(e)the functions of the chief inspector for Scotland appointed under section 4(2)(b) of the M8Radioactive Substances Act 1993, that is to say, the functions conferred or imposed on him by or under that Act or assigned to him by or under any other enactment apart from this Act;

(f)the functions conferred or imposed by or under the M9Alkali, &c, Works Regulation Act 1906 (in this section referred to as “the 1906 Act”) on the chief, or any other, inspector (within the meaning of that Act), so far as exercisable in relation to Scotland;

(g)so far as exercisable in relation to Scotland, the functions in relation to improvement notices and prohibition notices under Part I of the M10Health and Safety at Work etc. Act 1974 (in this section referred to as “the 1974 Act”) of inspectors appointed under section 19 of that Act by the Secretary of State in his capacity as enforcing authority responsible in relation to Scotland for the enforcement of the 1906 Act and section 5 of the 1974 Act;

(h)the functions of local authorities as enforcing authority, in relation to releases of substances into the air, under or by virtue of Part I of the 1990 Act; and

(i)the functions of the Secretary of State specified in subsection (2) below.

(2)The functions of the Secretary of State mentioned in subsection (1)(i) above are, so far as exercisable in relation to Scotland—

(a)the functions conferred or imposed on him by virtue of his being, for the purposes of Part I of the 1974 Act, the authority which is by any of the relevant statutory provisions made responsible for the enforcement of the 1906 Act and section 5 of the 1974 Act;

(b)his functions under, or under regulations made by virtue of, section 9 of the 1906 Act (registration of works), other than any functions of his as an appellate authority or any function of making regulations;

(c)his functions under section 19 of the M11Clean Air Act 1993 with respect to the creation of smoke control areas by local authorities; and

(d)his functions under section 30(1) of the M12Radioactive Substances Act 1993 (power to dispose of radioactive waste).

(3)River purification boards shall be dissolved on the transfer date.

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