The Secretary of State makes the following Regulations in exercise of the powers conferred on him by sections 78A(9), 78C(8) to (10), 78E(1) and (6), 78G(5) and (6) M1, 78L(4) M2 and (5) and 78R(1), (2) and (8) of the Environmental Protection Act 1990 M3, and those sections as applied in relation to harm, so far as attributable to any radioactivity possessed by any substance, by the Contaminated Land (Enabling Powers)(England) Regulations 2005 M4:

Annotations:

Marginal Citations

Section 78G(6) provides that regulations made under subsection 78G(5) may make such provision in relation to compensation as may be made by regulations by virtue of section 35A(4) of the 1990 Act (c. 43) in relation to compensation under that section.

Subsection (4) of section 78L was amended by the Clean Neighbourhoods and Environment Act 2005 (c. 16), section 104 and 107, and Part 10 of Schedule 5.

1990 c. 43. Sections 78A to 78YC were inserted by section 57 of the Environment Act 1995 (c. 25). See the definition of “prescribed” and “regulations” in section 78A(9). The powers under these sections have been transferred in relation to Wales (see article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)), and devolved to Scottish Ministers (see section 53 of the Scotland Act 1998 (c. 46)).

S.I. 2005/3467. By virtue of S.I. 2006/1381, Part 2A applies to the Isles of Scilly in so far as, by virtue of S.I. 2006/1379, Part 2A applies (with certain modifications) in relation to and for the purposes of dealing with harm so far as attributable to any radioactivity possessed by any substance.