Part IThe Environment Agency and the Scottish Environment Protection Agency
Chapter IIThe Scottish Environment Protection Agency
Transfer of functions, property etc. to SEPA
22Transfer of property, rights and liabilities to SEPA
1
On the transfer date—
a
the property, rights and liabilities of every river purification board shall, by virtue of this paragraph, be transferred to and vested in SEPA;
b
any property, rights and liabilities which are the subject of a scheme under this section—
i
made by the Secretary of State; or
ii
made by a local authority and approved by the Secretary of State,
shall be transferred to and vested in SEPA by and in accordance with the scheme.
2
The Secretary of State may, before the transfer date, make a scheme for the transfer to SEPA of such of—
a
his property, rights and liabilities; or
b
the property, rights and liabilities of any of the inspectors or chief inspectors mentioned in subsection (1) of section 21 above,
as appear to the Secretary of State appropriate to be so transferred in consequence of the transfer of any functions to SEPA by virtue of that subsection.
3
It shall be the duty of every local authority to make a scheme, after consultation with SEPA, for the transfer to SEPA of—
a
such of the authority’s property and rights as are held by it for the purposes of its functions as—
i
a waste regulation authority;
ii
a disposal authority under or by virtue of the provisions mentioned in section 21(1)(c) above;
iii
enforcing authority, in relation to releases of substances into the air, by virtue of Part I of the 1990 Act; and
iv
in the case of an islands council, a river purification authority; and
b
such of its liabilities as are liabilities to which it is subject by virtue of its being an authority mentioned in paragraph (a)(i) to (iv) above,
and to submit that scheme to the Secretary of State for his approval before such date as he may direct.
4
Any local authority preparing a scheme in pursuance of subsection (3) above shall take into account any guidance given by the Secretary of State as to the provisions which he regards as appropriate for inclusion in the scheme.
5
Where a scheme under subsection (3) above is submitted to the Secretary of State, he may—
a
approve the scheme;
b
approve the scheme subject to such modifications as he considers appropriate; or
c
reject the scheme;
but the power conferred on the Secretary of State by paragraph (b) above shall be exercisable only after consultation with the local authority which submitted the scheme to him and with SEPA.
6
The Secretary of State may, in the case of any local authority which is required to make a scheme under subsection (3) above, himself make a scheme for the transfer to SEPA of such of the body’s property, rights or liabilities as are mentioned in paragraph (a) or (b) of that subsection, if—
a
the authority fails to submit a scheme under that subsection to him for his approval before the due date; or
b
the Secretary of State rejects a scheme under that subsection submitted to him by the authority;
but nothing in this subsection shall prevent the Secretary of State from approving any scheme which may be submitted to him after the due date.
7
Where the Secretary of State makes a transfer scheme under subsection (6) above, he may recover his reasonable expenses in doing so, or such proportion of those expenses as he thinks fit, from the local authority in question by such means as appear to him to be appropriate including, without prejudice to that generality, setting off the expenses payable by the local authority against revenue support grant or non-domestic rate income payable by the Secretary of State to the local authority under paragraph 3 of Schedule 12 to the [1992 c. 14.] Local Government Finance Act 1992.
8
The Secretary of State may, at any time before the transfer date, modify any scheme made or approved by him under this section but only after consultation with SEPA and, in the case of a scheme which was approved by him (with or without modifications), after consultation with the local authority which submitted the scheme to him for approval.
9
Schedule 2 to this Act shall have effect in relation to transfers by or under this section.