Environmental Protection Act 1990

4 Discharge and scope of functions

(1) This section determines the authority by whom the functions conferred or imposed by this Part otherwise than on the Secretary of State are exercisable and the purposes for which they are exercisable.

(2) Those functions, in their application to prescribed processes designated for central control, shall be functions of the chief inspector appointed for England and Wales by the Secretary of State under section 16 below and, in relation to Scotland, of the chief inspector so appointed for Scotland or of the river purification authority, as determined under regulations made under section 5(1) below, and shall be exercisable for the purpose of preventing or minimising pollution of the environment due to the release of substances into any environmental medium.

(3) Subject to subsection (4) below, those functions, in their application to prescribed processes designated for local control, shall be functions of—

(a) in the case of a prescribed process carried on (or to be carried on) by means of mobile plant, the local authority in whose area the person carrying on the process has his principal place of business; and

(b) in any other cases, the local authority in whose area the prescribed processes are (or are to be) carried on;

and the functions applicable to such processes shall be exercisable for the purpose of preventing or minimising pollution of the environment due to the release of substances into the air (but not into any other environmental medium).

(4) The Secretary of State may, as respects the functions under this Part being exercised by a local authority specified in the direction, direct that those functions shall be exercised instead by the chief inspector while the direction remains in force or during a period specified in the direction.

(5) A transfer of functions under subsection (4) above to the chief inspector does not make them exercisable by him for the purpose of preventing or minimising pollution of the environment due to releases of substances into any other environmental medium than the air.

(6) A direction under subsection (4) above may transfer those functions as exercisable in relation to all or any description of prescribed processes carried on by all or any description of persons (a “general direction”) or in relation to a prescribed process carried on by a specified person (a “specific direction”).

(7) A direction under subsection (4) above may include such saving and transitional provisions as the Secretary of State considers necessary or expedient.

(8) The Secretary of State, on giving or withdrawing a direction under subsection (4) above, shall—

(a) in the case of a general direction—

(i) forthwith serve notice of it on the chief inspector and on the local enforcing authorities affected by the direction; and

(ii) cause notice of it to be published as soon as practicable in the London Gazette or, as the case may be, in the Edinburgh Gazette and in at least one newspaper circulating in the area of each authority affected by the direction;

(b) in the case of a specific direction—

(i) forthwith serve notice of it on the chief inspector, the local enforcing authority and the person carrying on or appearing to the Secretary of State to be carrying on the process affected, and

(ii) cause notice of it to be published as soon as practicable in the London Gazette or, as the case may be, in the Edinburgh Gazette and in at least one newspaper circulating in the authority’s area;

and any such notice shall specify the date at which the direction is to take (or took) effect and (where appropriate) its duration.

(9) It shall be the duty of the chief inspector or, in Scotland, of the chief inspector and river purification authorities to follow developments in technology and techniques for preventing or reducing pollution of the environment due to releases of substances from prescribed processes; and the local enforcing authorities shall follow such of those developments as concern releases into the air of substances from prescribed processes designated for local control.

(10) It shall be the duty of the chief inspector, river purification authorities and the local enforcing authorities to give effect to any directions given to them under any provision of this Part.

(11) In this Part “local authority” means, subject to subsection (12) below—

(a) in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple;

(b) outside Greater London, a district council and the Council of the Isles of Scilly; and

(c) in Scotland, an islands or district council.

(12) Where, by an order under section 2 of the [1984 c. 22.] Public Health (Control of Disease) Act 1984, a port health authority has been constituted for any port health district, the port health authority shall have by virtue of this subsection, as respects its district, the functions conferred or imposed by this Part and no such order shall be made assigning those functions; and “local authority” and “area” shall be construed accordingly.