PART 5

Water

Water quality

Solway Tweed river basin district: power to transfer functions
92
1
The Secretary of State may by regulations amend or modify the Solway Tweed Regulations in accordance with this section.
2
The “Solway Tweed Regulations” means the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99).
3
The regulations may provide for a function under the Solway Tweed Regulations which is exercisable (to any extent)—
a
by the Secretary of State and the Scottish Ministers jointly,
b
by the Secretary of State and the Scottish Ministers concurrently, or
c
only by the Secretary of State or the Scottish Ministers,
to be exercised (to any extent) in another of those ways.
4
The regulations may provide for a function under the Solway Tweed Regulations which is exercisable (to any extent)—
a
by the Environment Agency and SEPA jointly,
b
by the Environment Agency and SEPA concurrently, or
c
only by the Environment Agency or SEPA,
to be exercised (to any extent) in another of those ways.
5
The regulations may make provision changing the geographical area in relation to which a function under the Solway Tweed Regulations is exercisable (or is exercisable by a specified person).
6
The regulations may also provide—
a
for a function within subsection (3) to be exercisable only with the consent of, or after consultation with, the Secretary of State or the Scottish Ministers;
b
for a function within subsection (4) to be exercisable only with the consent of, or after consultation with, the Environment Agency, SEPA, the Secretary of State or the Scottish Ministers.
7
The Secretary of State may make regulations under this section only with the consent of the Scottish Ministers.
8
Regulations under this section are subject to the negative procedure.
9
In this section “SEPA” means the Scottish Environment Protection Agency.
S. 92 in force at 9.1.2022, see s. 147(2)(m)