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Control of Pollution Act 1974

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Changes over time for: Section 38A

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Version Superseded: 01/04/2006

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[F138A General review of consents.S

(1)If it appears appropriate to the Secretary of State to do so he may at any time direct SEPA to review—

(a)the consents given under section 34 of this Act; or

(b)any description of such consents,

and the conditions (if any) to which those consents are subject.

(2)A direction given by virtue of subsection (1) above—

(a)shall specify the purpose for which; and

(b)may specify the manner in which,

the review is to be conducted.

(3)After carrying out the review, SEPA shall submit to the Secretary of State its proposals (if any) for—

(a)the modification of the conditions of any consent reviewed pursuant to the direction; or

(b)in the case of any such consent which is unconditional, subjecting the consent to conditions.

(4)Where the Secretary of State has received any proposals under subsection (3) above in relation to any consent he may, if it appears appropriate to him to do so, direct SEPA, in relation to that consent—

(a)to make modifications of the conditions of the consent; or

(b)in the case of an unconditional consent, to subject the consent to conditions.

(5)A direction given by virtue of subsection (4) above may direct SEPA to do, in relation to any such consent, only—

(a)any such thing as SEPA has proposed should be done in relation to that consent; or

(b)any such thing with such modifications as appear to the Secretary of State to be appropriate.]

Textual Amendments

F1S. 38A inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(14) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

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