[27th July 1999]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 General purpose of section 2 and definitions.
(1) The purpose of section 2 is to enable provision to be made for or in connection with—
(a) Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control);
(b) regulating , otherwise than in pursuance of that Directive, activities which are capable of causing any environmental pollution;
(c) otherwise preventing or controlling emissions capable of causing any such pollution.
(2) In this Act—
  * “activities” means activities of any nature, whether—
    (a) industrial or commercial or other activities, or
    (b) carried on on particular premises or otherwise,
    and includes (with or without other activities) the depositing, keeping or disposal of any substance;
  * “environmental pollution” means pollution of the air, water or land which may give rise to any harm; and for the purposes of this definition (but without prejudice to its generality)—
    (a)
    “pollution” includes pollution caused by noise, heat or vibrations or any other kind of release of energy, and
    (b)
    “air” includes air within buildings and air within other natural or man-made structures above or below ground.
(3) In the definition of “environmental pollution” in subsection (2), “harm” means—
(a) harm to the health of human beings or other living organisms;
(b) harm to the quality of the environment, including—
(i) harm to the quality of the environment taken as a whole,
(ii) harm to the quality of the air, water or land, and
(iii) other impairment of, or interference with, the ecological systems of which any living organisms form part;
(c) offence to the senses of human beings;
(d) damage to property; or
(e) impairment of, or interference with, amenities or other legitimate uses of the environment (expressions used in this paragraph having the same meaning as in Directive 2010/75/EU).

2 Regulation of polluting activities.
(1) The Secretary of State may by regulations make provision for any of the purposes listed in Part I of Schedule 1; and Part II of that Schedule has effect for supplementing Part I.
(2) In accordance with subsection (1) of section 1, the provision which may be made by regulations under this section is provision for or in connection with any of the matters mentioned in paragraphs (a) to (c) of that subsection.
(3) Regulations under this section may—
(a) contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions amending, repealing or revoking enactments) as the Secretary of State considers appropriate; and
(b) make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.
(4) Before making any regulations under this section, the Secretary of State shall consult—
(a) the Environment Agency if the regulations are to apply in relation to England ...;
(aa) the Natural Resources Body for Wales if the regulations are to apply in relation to Wales;
(b) the Scottish Environment Protection Agency if the regulations are to apply in relation to Scotland;
(c) such bodies or persons appearing to him to be representative of the interests of local government, industry, agriculture and small businesses respectively as he may consider appropriate; and
(d) such other bodies or persons as he may consider appropriate.
(5) Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (4) as if undertaken after that passing.
(6) The power to make regulations under this section shall be exercised by statutory instrument.
(7) A statutory instrument containing regulations under this section, if made without a draft having been laid before, and approved by a resolution of, each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.
(8) No regulations to which this subsection applies shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
(9) Subsection (8) applies to—
(a) the first regulations to be made under this section which apply in relation to England;
(b) the first regulations to be made under this section which apply in relation to Wales;
(c) the first regulations to be made under this section which apply in relation to Scotland;
(d) regulations under this section which create an offence or increase a penalty for an existing offence;
(e) regulations under this section which amend or repeal any provision of an Act.
(10) See section 62 of the Water Act 2014 for further provision about the procedure applying to statutory instruments containing both regulations made under this section and regulations made under section 61 of that Act.

3 Prevention etc. of pollution after accidents involving offshore installations.
(1) The Secretary of State may, in relation to offshore installations, by regulations make provision which, subject to any modifications that he considers appropriate, corresponds or is similar to any provision made by, or capable of being made under, sections 137 to 140 of the Merchant Shipping Act 1995 (powers to prevent and reduce pollution, and the risk of pollution, by oil or other substances following an accident) in relation to ships.
(2) In this section—
  * “offshore installation” means any structure or other thing (but not a ship) in or under—
    (a) United Kingdom territorial waters, or
    (b) any waters mentioned in section 7(9)(b) or (c),
    which is used for the purposes of, or in connection with, the exploration, development or production of petroleum;
  * “petroleum” has the meaning given by section 1 of the Petroleum Act 1998;
  * “ship” has the same meaning as in the Merchant Shipping Act 1995.
(3) Regulations under this section may—
(a) contain such consequential, incidental, supplementary, transitional or saving provisions as the Secretary of State considers appropriate; and
(b) make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.
(4) Before making any regulations under this section, the Secretary of State shall consult—
(a) the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency and the Department of the Environment for Northern Ireland;
(b) such bodies or persons appearing to him to be representative of the interests of owners or operators of offshore installations as he may consider appropriate; and
(c) such other bodies or persons as he may consider appropriate.
(5) The power to make regulations under this section shall be exercised by statutory instrument.
(6) No regulations shall be made under this section (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

4 Time-limited disposal or waste management licences.
(1) Where—
(a) a disposal licence under section 5 of the 1974 Act became a site licence by virtue of section 77(2) of the 1990 Act (conversion, on the appointed day, of existing disposal licence under section 5 of the 1974 Act into a site licence),
(b) the licence has expired at a time (“the time of expiry”) falling before the day on which this Act is passed but not earlier than the appointed day,
(c) the licence authorised the carrying on of activities in or on land in England or Wales, and
(d) relevant activities have taken place at a time falling not more than one year before the day on which this Act is passed,
the licence shall (subject to subsection (7)) for all purposes be deemed not to have expired but to have become, at the time of expiry, a site licence continuing in force in accordance with section 35(11) of the 1990 Act.
(2) Subsection (3) applies where—
(a) a disposal licence under section 5 of the 1974 Act expired at a time (“the time of expiry”) falling before the appointed day (so that it was not converted into a site licence by section 77(2) of the 1990 Act),
(b) the licence authorised the carrying on of activities in or on land in England or Wales, and
(c) relevant activities have taken place at a time falling not more than one year before the day on which this Act is passed.
(3) The licence shall (subject to subsection (7)) for all purposes be deemed—
(a) not to have expired, and
(b) to have been subsisting on the appointed day and (accordingly) to have become on that day a site licence by virtue of section 77(2) of the 1990 Act,
and the site licence which the licence is deemed to have become on that day shall for all purposes be deemed to have been one that continues in force in accordance with section 35(11) of the 1990 Act.
(4) Where—
(a) a site licence in force immediately before the day on which this Act is passed—
(i) became a site licence by virtue of section 77(2) of the 1990 Act, and
(ii) will expire on or after the day on which this Act is passed (if it has not previously been revoked entirely, or had its surrender accepted, under Part II of the 1990 Act), and
(b) relevant activities have taken place at a time falling not more than one year before that day,
the licence shall for all purposes be deemed to have become at the beginning of that day a site licence continuing in force in accordance with section 35(11) of the 1990 Act.
(5) Where subsection (1), (3) or (4) has effect in relation to a licence, the terms and conditions of the licence as continued in force by that subsection shall, except so far as providing for the expiry of the licence and subject to subsection (6)(b) and (c), be such as were in force immediately before the relevant time (unless and until varied under Part II of the 1990 Act); and “the relevant time” means—
(a) where subsection (1) or (3) has effect in relation to a licence, the time of expiry;
(b) where subsection (4) has effect in relation to a licence, the beginning of the day on which this Act is passed.
(6) Where subsection (1) or (3) has effect in relation to a licence (but without prejudice to the generality of that subsection)—
(a) activities carried out during the interim period which (by virtue of subsection (1) or (3)) become authorised by the licence shall be treated as authorised at the time they were carried out (even though at that time their being carried out amounted to a contravention of section 33(1)(a) or (b) of the 1990 Act or section 3(1) of the 1974 Act);
(b) anything done in relation to the licence before the time of expiry but purporting to take effect after that time (such as the serving of a notice under section 37(4) or 38(12) of the 1990 Act, or in pursuance of section 7 of the 1974 Act, specifying a time falling during or after the interim period) shall be treated as having had (or having) effect as if the licence had not in fact expired;
(c) anything which during the interim period purported to be done in relation to the licence (such as a modification of the licence or the revocation, suspension, transfer or acceptance of the surrender of the licence or the carrying out of consultation, exercise of functions under section 9 of the 1974 Act or section 42 of the 1990 Act, imposition of requirements during a suspension or bringing or determination of an appeal) shall be treated as having had effect as if the licence had then been in force;
(d) any fees which (by virtue of subsection (1) or (3)) are treated as having become payable before the passing of this Act shall be taken to have become payable at the time they would have become payable had the licence not in fact expired; and
(e) the holder of the licence shall be treated as having been, during the interim period, an authorised person for the purposes of section 34(1)(c) of the 1990 Act.
(7) Where subsection (1) or (3) has effect in relation to a licence, a person shall not be guilty of an offence under section 33(6) or 38(10) or (11) of the 1990 Act as a result of anything done or omitted to be done during the interim period becoming (by virtue of subsection (1) or (3)) a contravention of any condition of the licence or (as the case may be) a failure to comply with any requirement imposed under section 38(9) of the 1990 Act.
(8) Nothing in this section affects any criminal proceedings which have been concluded before the passing of this Act.
(9) The waste regulation authority (within the meaning given by section 30(1) of the 1990 Act) shall notify the holder of a licence affected by this section of the fact that the licence is so affected and of how it is so affected.
(10) For the purposes of this section “relevant activities”, in relation to a licence, are—
(a) any activities authorised by the licence or, in the case of an expired licence, any which would have been authorised by it had it not expired, and
(b) any precautions or works required by the licence to be taken or carried out in connection with or in consequence of those activities or, in the case of an expired licence, any which would have been so required had the licence not expired.
(11) In this section—
  * “the1974 Act” means the Control of Pollution Act 1974;
  * “the1990 Act” means the Environmental Protection Act 1990;
  * “the appointed day”, in relation to a licence, means the day which in relation to that licence is (or would have been if the licence had not previously expired) the relevant appointed day for licences (within the meaning of section 77 of the 1990 Act);
  * “the interim period”, in connection with a licence in relation to which subsection (1) or (3) has effect, means the period beginning with the time of expiry and ending immediately before the day on which this Act is passed;
  * “site licence” has the same meaning as it has in Part II of the 1990 Act by virtue of section 35(12) of that Act.

5 Application to Wales and Scotland.
(1) Subsection (2) applies to an Order in Council under section 22 of the Government of Wales Act 1998 (transfer of Ministerial functions) if the Order in Council contains a statement that it makes no provision which is not—
(a) provision about functions under this Act; or
(b) provision in connection with such provision.
(2) An Order in Council to which this subsection applies—
(a) shall not be subject to subsection (4)(a) of that section (affirmative resolution of both Houses of Parliament); but
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) For the purposes of the Scotland Act 1998, this Act shall be taken to be a pre-commencement enactment within the meaning of that Act.

6 Consequential and minor amendments and repeals.
(1) The consequential and minor amendments specified in Schedule 2 shall have effect.
(2) The enactments specified in Schedule 3 are repealed to the extent specified.

7 Short title, interpretation, commencement and extent.
(1) This Act may be cited as the Pollution Prevention and Control Act 1999.
(2) In this Act—
  * “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;
  * “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly.
(3) Section 6 and Schedules 2 and 3 shall not come into force until such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different purposes.
(4) An order under subsection (3) may contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions modifying enactments) as the Secretary of State considers appropriate.
(5) This section and sections 3 and 5 extend to Northern Ireland but, subject to subsections (6) to (8), the other provisions of this Act do not extend there.
(6) The amendment by this Act of any enactment extending to Northern Ireland also extends there.
(7) The repeal by this Act of any enactment extending to Northern Ireland, except section 3(5) to (7) of the Environmental Protection Act 1990, also extends there.
(8) Where an enactment extending to Northern Ireland is amended or repealed by any regulations or order under this Act, the regulations or order may provide for the amendment or repeal to extend to Northern Ireland.
(9) Regulations and orders under this Act may make provision applying in relation to (and to places above and below)—
(a) the territorial waters adjacent to any part of the United Kingdom,
(b) the sea in any designated area within the meaning of the Continental Shelf Act 1964, and
(c) the sea in any area specified under section 10(8) of the Petroleum Act 1998.

SCHEDULES
Section 2.

SCHEDULE 1 Particular purposes for which provision may be made under section 2

Part I List of purposes

Preliminary
1(1)Establishing standards, objectives or requirements in relation to emissions within the meaning of the regulations.
(2) Authorising the making of plans for—
(a) the setting of overall limits,
(b) the allocation of quotas, or
(c) the progressive improvement of standards or objectives,
relating to such emissions.
(3) Authorising the making of schemes for the trading or other transfer of quotas so allocated.
2(1)Determining the authorities (whether public or local or the Secretary of State) by whom functions conferred by the regulations—
(a) in relation to permits under the regulations, or
(b) otherwise for or in connection with the prevention or control of environmental pollution,
are to be exercisable (in this Schedule referred to as “regulators”).
(2) Specifying any purposes for which any such functions are to be exercisable by regulators.
3 Enabling the Secretary of State to give directions which regulators are to comply with, or guidance which regulators are to have regard to, in exercising functions under the regulations, including—
(a) directions providing for any functions exercisable by one regulator to be instead exercisable by another;
(b) directions given for the purposes of the implementation of—
(i) any assimilated obligations, or
(ii) any obligations under an international agreement to which the United Kingdom is a party;
(c) directions relating to the exercise of any function in a particular case or class of case.

Permits
4 (1) Prohibiting persons from operating any installation or plant of any specified description, or otherwise carrying on any activities of any specified description, except—
(a) under a permit in force under the regulations, and
(b) in accordance with any conditions to which the permit is subject.
(2) In relation to England and Wales, imposing such a prohibition in relation to an activity except where the carrying on of the activity meets conditions determined by the regulators in accordance with the regulations.
5 Specifying restrictions or other requirements in connection with the grant of permits (including provisions for restricting the grant of permits to those who are fit and proper persons within the meaning of the regulations); and otherwise regulating the procedure to be followed in connection with the grant of permits.
6(1)Prescribing the contents of permits.
(2) Authorising permits to be granted subject to conditions imposed by regulators.
(3) Securing that permits have effect subject to—
(a) conditions specified in the regulations; or
(b) rules of general application specified in or made under the regulations.
7(1)Requiring permits or the conditions to which permits are subject to be reviewed by regulators (whether periodically or in any specified circumstances).
(2) Authorising or requiring the variation of permits or such conditions by regulators (whether on applications made by holders of permits or otherwise).
(3) Regulating the making of changes—
(a) in the operation of the installations or plant to which permits relate, or
(b) in the case of permits for the carrying on of activities otherwise than in the course of operating any installation or plant, in the carrying on of the activities.
8(1)Regulating the transfer or surrender of permits.
(2) Authorising the revocation of permits by regulators.
(3) Authorising the imposition by regulators of requirements with respect to the taking of preventive or remedial action (by holders of permits or other persons) in connection with the surrender or revocation of permits.
9 Authorising the Secretary of State to make schemes for the charging by regulators of fees or other charges in respect of, or in respect of an application for—
(a) the grant of a permit,
(b) the variation of a permit or the conditions to which it is subject, or
(c) the transfer or surrender of a permit,
or in respect of the subsistence of a permit.
9A.(1)Authorising the Secretary of State to make schemes for the charging by regulators of charges, as respects functions in relation to offshore installations, corresponding to those that may be prescribed under section 41A of the Environment Act 1995.
(2) Subsections (2) to (5) of section 41A of that Act apply in relation to the Secretary of State and a charging scheme made by virtue of this paragraph as they apply in relation to the Scottish Environment Protection Agency and a charging scheme made by that Agency under the 1995 Act.
(3) In this paragraph “offshore installation” has” the same meaning as in the Greenhouse Gas Emissions Trading Scheme Regulations 2005.
10 Authorising, or authorising a Minister of the Crown to make schemes for, the charging by Ministers of the Crown or public or local authorities of fees or other charges in respect of—
(a) the testing or analysis of substances,
(b) the validating of, or of the results of, any testing or analysis of substances, or
(c) assessing how the environment might be affected by the release into it of any substances,
in cases where the testing, analysis, validating or assessing is in any way in anticipation of, or otherwise in connection with, the making of applications for the grant of permits or is carried out in pursuance of conditions to which any permit is subject.

Information, publicity and consultation
11 Enabling persons of any specified description (whether or not they are holders of permits) to be required—
(a) to compile information—
(i) on emissions within the meaning of the regulations;
(ii) on energy consumption and on the efficiency with which energy is used;
(iii) on waste within the meaning of the regulations and on the destinations of such waste;
(b) to provide such information in such manner as is specified in the regulations.
12 Securing—
(a) that publicity is given to specified matters;
(b) that regulators maintain registers of specified matters (but excepting information which under the regulations is, or is determined to be, commercially confidential and subject to any other exceptions specified in the regulations) which are open to public inspection;
(c) that copies of entries in such registers, or of specified documents, may be obtained by members of the public.
13 Requiring or authorising regulators to carry out consultation in connection with the exercise of any of their functions; and providing for them to take into account representations made to them on consultation.

Enforcement and offences
14(1)Conferring on regulators functions with respect to the monitoring and inspection of the carrying on of activities to which permits relate, including—
(a) power to take samples or to make copies of information;
(b) power to arrange for preventive or remedial action to be taken at the expense of holders of permits.
(2) Authorising regulators to appoint suitable persons to exercise any such functions and conferring powers (such as those specified in section 108(4) of the Environment Act 1995) on persons so appointed.
15(1)Authorising regulators to serve on holders of permits—
(a) notices requiring them to take remedial action in respect of contraventions, actual or potential, of conditions to which their permits are subject;
(b) notices requiring them to provide such financial security as the regulators serving the notices consider appropriate pending the taking of remedial action in respect of any such contraventions;
(c) notices requiring them to take steps to remove imminent risks of serious environmental pollution (whether or not arising from any such contraventions).
(2) Providing for the enforcement of such notices by proceedings in the High Court or any court of competent jurisdiction in Scotland.
16 Authorising regulators to suspend the operation of permits so far as having effect to authorise the carrying on of activities to which they relate.
17 The creation of offences and dealing with matters relating to such offences, including—
(a) the provision of defences; and
(b) evidentiary matters.
18 Enabling, where a person has been convicted of an offence under the regulations—
(a) a court dealing with that person for the offence to order the taking of remedial action (in addition to or instead of imposing any punishment); or
(b) a regulator to arrange for such action to be taken at that person’s expense.

Appeals
19 Conferring rights of appeal in respect of decisions made, notices served or other things done (or omitted to be done) under the regulations; and making provision for (or for the determination of) matters relating to the making, considering and determination of such appeals (including provision for or in connection with the holding of inquiries or hearings).

General
20(1)Making provision which, subject to any modifications that the Secretary of State considers appropriate, corresponds or is similar to—
(a) any provision made by or under, or capable of being made under, Part I or II of the Environmental Protection Act 1990 or made by any of sections 157, 158 and 160 of that Act; or
(b) any provision (not being provision within any of paragraphs 1 to 19 or paragraph (a) above) that might be made by an Act of Parliament in connection with the relevant directives, other than provision—
(i) imposing or increasing taxation;
(ii) taking effect from a date earlier than that of the making of the instrument containing the provision;
(iii) conferring any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal.
(2) In sub-paragraph (1) “the relevant directives” means—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos;
(e) Council Directive 91/271/EEC concerning urban waste water treatment;
(f) Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources;
(g) European Parliament and Council Directive 94/62/EC on packaging and packaging waste;
(h) European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations;
(i) Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT);
(j) Council Directive 1999/31/EC on the landfill of waste;
(k) Directive 2000/14/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors;
(l) Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles;
(m) Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy;
(n) Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise;
(o) Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment;
(p) Directive 2004/35/CE of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage;
(q) Directive 2005/64/EC of the European Parliament and of the Council on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability;
(r) Directive 2006/7/EC of the European Parliament and of the Council concerning the management of bathing water quality;
(s) Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries;
(t) Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators;
(u) Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration;
(v) Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe;
(w) Directive 2008/98/EC of the European Parliament and of the Council on waste;
(x) Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy;
(y) Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide;
(z) Commission Directive 2009/90/EC laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status;
(aa) Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations;
(bb) Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast);
(cc) Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (recast);
(dd) Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency;
(ee) Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation;
(ff) Commission Directive (EU) 2015/996 establishing common noise assessment methods according to Directive 2002/49/EC of the European Parliament and of the Council;
(gg) Directive 2015/2193/EU of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants;
(hh) Directive (EU) 2016/2284 of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants; and
(ii) Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment.
(2A) In sub-paragraph (1)(b)(iii), the reference to provision conferring any power to legislate does not include provision—
(a) amending or extending a power to legislate conferred other than under this paragraph;
(b) giving directions as to matters of administration.
(3) Making provision about the application of the regulations to the Crown.

Part II Supplementary provisions

Particular types of pollution
21 The regulations may provide for specified provisions of the regulations to have effect in relation only to such environmental pollution as is specified.

Emissions quota trading schemes: penalties
21A(1)The regulations may authorise the inclusion in a trading scheme of—
(a) provision for penalties in respect of contraventions of provisions of the scheme;
(b) provision for the amount of any penalty under the scheme to be such as may be set out in, or calculated in accordance with—
(i) the scheme, or
(ii) the regulations (including regulations made after the scheme).
(2) In this paragraph “ trading scheme ” means a scheme of the kind mentioned in paragraph 1(3).

Determination of matters by regulators
22 The regulations may make provision for anything which, by virtue of paragraphs 5 to 8, could be provided for by the regulations to be determined under the regulations by regulators.

Imposition of conditions
23 In connection with the determination of conditions as mentioned in paragraph 6(3)(a) the regulations may in particular provide—
(a) for such conditions to be determined in the light of any specified general principles and any directions or guidance given under the regulations;
(b) for such guidance to include guidance sanctioning reliance by a regulator on any arrangements referred to in the guidance to operate to secure a particular result as an alternative to imposing a condition.

Charging schemes
24 The regulations may—
(a) require any such scheme as is mentioned in paragraph 9, 9A or 10 to be so framed that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover such expenditure (whether or not incurred by the regulator or other person to whom they are so payable) as is specified;
(b) authorise any such scheme to make different provision for different cases (and specify particular kinds of such cases).

Offences
25(1)The regulations may provide for any such offence as is mentioned in paragraph 17 to be triable—
(a) only summarily; or
(b) either summarily or on indictment.
(2) The regulations may provide for such an offence to be punishable—
(a) on summary conviction by—
(i) imprisonment for a term not exceeding such period as is specified (which may not exceed six months12 months the general limit in a magistrates’ court), or
(ii) a fine not exceeding such amount as is specified (which may not exceed £20,000£50,000£40,000),
a fine, the amount of which may be limited by the regulations,
or both; or
(b) on conviction on indictment by—
(i) imprisonment for a term not exceeding such period as is specified (which may not exceed five years), or
(ii) a fine,
or both.

Interpretation
26 In this Schedule—
  * “functions” includes powers and duties;
  * “the regulations” means regulations under section 2;
  * “specified” means specified in regulations under that section.
Section 6.

SCHEDULE 2 Consequential and minor amendments

Prevention of Oil Pollution Act 1971 (c.60)
1 In section 11A(1) of the Prevention of Oil Pollution Act 1971 (provisions of Act not to apply to escapes etc. authorised by Part I of the Environmental Protection Act 1990)—
(a) for “(2A), 3(1) and 11(1)” substitute “ 3(1) ”; and
(b) at the end insert “ or a permit granted under regulations under section 2 of the Pollution Prevention and Control Act 1999. ”

Public Health (Control of Disease) Act 1984 (c.22)
2 In section 7(4) of the Public Health (Control of Disease) Act 1984 (enactments conferring functions assignable to the London port health authority), after paragraph (m) insert—
“(n)regulations under section 2 of the Pollution Prevention and Control Act 1999.”

Environmental Protection Act 1990 (c.43)
3 The Environmental Protection Act 1990 has effect subject to the following amendments.
4 In section 8(7) (expenditure to be covered by charging schemes under the section is that of local enforcing authorities in exercising their functions under Part I of the Act), at the end insert “ together with the expenditure incurred by the Environment Agency in exercising, in relation to authorisations granted by local enforcing authorities or the prescribed processes to which such authorisations relate, such of its functions as are specified in the scheme. ”
5 In section 77(2) (waste disposal licences: transition from Part I of the Control of Pollution Act 1974), at the beginning insert “ Subject to section 4 of the Pollution Prevention and Control Act 1999, ”.
6 In section 79(10) (restrictions on taking proceedings for statutory nuisance where proceedings possible under Part I of the Act), after “Part I” insert “ or under regulations under section 2 of the Pollution Prevention and Control Act 1999. ”

Water Industry Act 1991 (c.56)
7 In paragraph (a) of each of subsections (3) and (4) of section 206 of the Water Industry Act 1991 (exceptions from restrictions on disclosure of information), for “or the Environment Act 1995” substitute “ , the Environment Act 1995 or regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.

Water Resources Act 1991 (c.57)
8 In paragraph (a) of each of subsections (2) and (3) of section 204 of the Water Resources Act 1991 (exceptions from restrictions on disclosure of information), for “or the 1995 Act” substitute “ , the 1995 Act or regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.

Clean Air Act 1993 (c.11)
9 The Clean Air Act 1993 has effect subject to the following amendments.
10 In section 33(1) (cable burning), after “a process subject to Part I of the Environmental Protection Act 1990” insert “ or an activity subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.
11 In section 35(3) (limit on investigations into emissions from certain processes), after “any process subject to Part I of the Environmental Protection Act 1990” insert “ or activity subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.

Railways Act 1993 (c.43)
12 In section 4(9) of the Railways Act 1993 (interpretation), for the definition of “environment” substitute—
““the environment” means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground);”.

Merchant Shipping Act 1995 (c.21)
13 After section 136 of the Merchant Shipping Act 1995 (oil pollution) insert—

“136A Discharges etc. authorised under other enactments.
The provisions of sections 131(1) and 136(1) shall not apply to any discharge which is made under, and the provisions of section 136(1) shall not apply to any escape which is authorised by, an authorisation granted under Part I of the Environmental Protection Act 1990 or a permit granted under regulations under section 2 of the Pollution Prevention and Control Act 1999.”

Environment Act 1995 (c.25)
14 The Environment Act 1995 has effect subject to the following amendments.
15 In section 5(5) (pollution control powers and functions), after paragraph (h) insert—
“(i)regulations under section 2 of the Pollution Prevention and Control Act 1999;”.
16 In section 33(5) (pollution control powers and functions in Scotland), before the word “and” at the end of paragraph (g) insert—
“(ga)regulations under section 2 of the Pollution Prevention and Control Act 1999;”.
17 In section 56(1) (interpretation of Part I), for the definition of “the environment” substitute—
““the environment” means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground);”.
18(1)Section 113(5) (disclosure of information: interpretation) is amended as follows.
(2) For the definition of “the environment” substitute—
““the environment” means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground);”.
(3) In the definition of “local enforcing authority”, at the end of paragraph (b) insert “ or ”.

Finance Act 1996 (c.8)
19 In section 66 of the Finance Act 1996 (landfill tax: definition of landfill site), after paragraph (b) insert—
“(ba)a permit under regulations under section 2 of the Pollution Prevention and Control Act 1999 is in force in relation to the land and authorises deposits or disposals in or on the land,”.

Government of Wales Act 1998 (c.38)
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3 Repeals
Chapter      Short title                                               Extent of repeal
1971 c. 60.  Prevention of Oil Pollution Act 1971.                     In section 11A(1), the words “an authorisation granted under Part I of the Environmental Protection Act 1990 or”.
1984 c. 22.  Public Health (Control of Disease) Act 1984.              Section 7(4)(l).
                                                                       Sections 1 to 28.
1990 c. 43.  Environmental Protection Act 1990.                        ...
                                                                       Schedule 1.
                                                                       Section 138(2) to (4).
1991 c. 56.  Water Industry Act 1991.                                  In section 206(3)(a), “I or”.
                                                                       In section 206(4)(a), “I or”.
                                                                       Section 88(1)(b).
1991 c. 57.  Water Resources Act 1991.                                 In section 204(2)(a), “I or”.
                                                                       In section 204(3)(a), “I or”.
1991 c. 60.  Water Consolidation (Consequential Provisions) Act 1991.  In Schedule 1, paragraph 56.
                                                                       In section 33(1), the words “a process subject to Part I of the Environmental Protection Act 1990 or”.
1993 c. 11.  Clean Air Act 1993.                                       In section 35(3), the words “process subject to Part I of the Environmental Protection Act 1990 or”.
                                                                       Section 36(3).
                                                                       Section 41.
1993 c. 12.  Radioactive Substances Act 1993.                          In Schedule 4, paragraph 6.
1994 c. 19.  Local Government (Wales) Act 1994.                        In Schedule 9, paragraph 17(1).
1995 c. 21.  Merchant Shipping Act 1995.                               In section 136A, the words “an authorisation granted under Part I of the Environmental Protection Act 1990 or”.
                                                                       In section 5(5)(e), “I,”.
                                                                       In section 33(5)(e), “I,”.
                                                                       In section 56(1), paragraph (b) of the definition of “environmental licence” in relation to the Environment Agency and paragraph (c) of the definition of “environmental licence” in relation to the Scottish Environment Protection Agency.
                                                                       In section 108(15)—
                                                                       paragraph (a) of the definition of “local enforcing authority”,
1995 c. 25.  Environment Act 1995.                                     in paragraph (g) of the definition of “pollution control functions” in relation to the Environment Agency or the Scottish Environment Protection Agency, “I,”, and
                                                                       in paragraph (a) of the definition of “pollution control functions” in relation to a local enforcing authority, “I or”.
                                                                       Section 111(6).
                                                                       In section 113(5), in the definition of “local enforcing authority”, paragraph (d) and the “or” preceding it.
                                                                       In section 114(2)(a)(iii), “15, 22(5),”.
                                                                       In Schedule 20, in paragraph 4(3)(b), “22(5),”.
                                                                       In Schedule 22, paragraphs 45 to 61.
1996 c. 8.   Finance Act 1996.                                         Section 43A(4)(b) to (d).
1998 c. 38.  Government of Wales Act 1998.                             In Schedule 3, paragraph 6(3)(a).


[19th July 1875]

1 Short title.
This Act may be cited for all purposes as The Intestates Widows and Children (Scotland) Act, 1875.

2 Extent of Act.
This Act shall extend to Scotland only.

3 Where estate does not exceed £36,000 widow or children may apply to commissary clerk to fill up inventory and expede confirmation.
Where the whole estate of an intestate is of a value not exceeding ; £36,000 an applicant for confirmation thereto may apply to the commissary clerk of the county within which the intestate was domiciled at the time of death; and the said commissary clerk shall prepare and fill up an inventory and relative declaration, as nearly as may be in the form of Schedule A. appended to this Act, and on the inventory and declaration being signed by the applicant , and without requiring the applicant to find caution shall proceed to record said inventory and expede confirmation in the form as nearly as may be of Schedule B. annexed to this Act, and shall deliver the same to the applicant on payment of the requisite fee : . . . ; and such confirmation shall have the same force and effect as that prescribed in Schedule D. annexed to the Confirmation of Executors (Scotland) Act, 1858 . . .

4 Proof of identity and relationship may be required.
The commissary clerk of the county may require such proof as he may think sufficient to establish the identity and relationship of the applicant.

5 Commissary clerk may refuse to proceed if not satisfied that whole estate not more than 150l.
If the commissary clerk of the county has reason to believe that the estate and effects of which the intestate died possessed exceed the value specified in section three of this Act , he shall refuse to proceed with the application until he is satisfied as to the real value thereof.

6 Commissary clerk may administer oath. “Commissary clerk” to include “commissary clerk depute.”
. . . The term “commissary clerk” shall throughout this Act include “commissary clerk depute.”

7 Procedure and fees under this Act to be regulated by Act of sederunt.
Any rules and orders and tables of fees requisite for carrying this Act into operation shall be framed and may from time to time be altered by the Court of Session by act of sederunt . . . .

8 Inventory duty not affected by this Act.
Provided always, that nothing herein contained shall be construed to effect any duty now payable on inventories of personal estate.

SCHEDULE A Form of Inventory and Relative Declaration
Inventory of the Personal Estate, wheresoever situated, of [name and description of deceased] who died at on the day of 18.
Scotland.  £                                                                                s.  d.
1.         Cash in the house
2.         Household furniture and other effects in the deceased’s house
3.         Stock in trade and other effects belonging to deceased
4.         Sum in bank; viz., [specify it with interest thereon to date of declaration to Inventory.]*
           *[Add any other estate in the usual form.]—

At , the day of one thousand eight hundred and, [name and address of applicant] (hereinafter referred to “the applicant”) hereby declares, that the said died at upon the day of , and had at the time of his [or her] death his [or her] ordinary or principal domicile in the county of : That the applicant is the [widow or son or daughter of the said deceased , and is desirous to enter upon the possession and management of the deceased’s estate as his [or her] executor: That the applicant does not know of any testamentary settlement or writing relative to the disposal of the deceased’s personal estate or effects, or any part thereof: That the foregoing inventory, signed by the applicant and the said as relative hereto, is a full and complete inventory of the personal estate and effects of the said deceased wheresoever situated and belonging or due to him [or her] beneficially at the time of his [or her] death, in so far as the same has come to the applicant’s knowledge: That the value at this date of the said personal estate and effects, including the proceeds accrued thereon down to this date, does not exceed £36,000 sterling: That confirmation of the said personal estate in Scotland [England and Ireland as the case may be] is required in favour of the applicant. . . .

SCHEDULE B Form of Confirmation

Confirmation issued under the Act 38 & 39 Vict. cap. 41
Confirmation Dative of A.B., who resided at [name and description of deceased]
The said A.B. had pertaining and resting owing to at the time of his [or her] decease.
[Take in inventory of estate to be confirmed.]
I, , Esquire, Commissary of the county of , considering that the said A.B. died at on , and had at the time of death his [or her] ordinary or principal domicile in the county of . And seeing that C.D., his [widow or son or daughter, or her son or daughter] has given up, on declaration , an inventory of the personal estate and effects of the said A.B., at the time of death, including the proceeds accrued thereon to date of declaration , situated in Scotland [England and Ireland as the case may be], amounting in value to , and has declared that the whole personal estate and effects of the said A.B. does not exceed in value £36,000, which inventory, as before written, has been recorded in my court books, of date .... Therefore I, in Her Majesty’s name and authority, decern, make, constitute, ordain, and confirm the said C.D. executor, [or executors] dative qua [relict or next of kin] to the deceased, with full power to to uplift, receive, administer, and dispose of the said personal estate and effects, and grant discharges thereof, if needful to pursue therefor, and generally every other thing concerning the same to do that to the office of executor dative qua is known to belong: Providing always, that shall render just count and reckoning for intromissions therewith, when and where the same shall be legally required. Given under the seal of office of the commissariot of and signed by the clerk of court at , the day of one thousand eight hundred and
Commissary Clerk.

SCHEDULE C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


[30th June 1978]

Part I England, Wales and Northern Ireland

1 Manner of administration of oaths.
(1) Any oath may be administered and taken in England, Wales or Northern Ireland in the following form and manner:—
The person taking the oath shall hold the New Testament, or, in the case of a Jew, the Old Testament, in his uplifted hand, and shall say or repeat after the officer administering the oath the words “I swear by Almighty God that . . . . . .”, followed by the words of the oath prescribed by law.
(2) The officer shall (unless the person about to take the oath voluntarily objects thereto, or is physically incapable of so taking the oath) administer the oath in the form and manner aforesaid without question.
(3) In the case of a person who is neither a Christian nor a Jew, the oath shall be administered in any lawful manner.
(4) In this section “officer” means any person duly authorised to administer oaths.

2 Consequential amendments.
In the following provisions, namely—
(a) section 28(1) of the Children and Young Persons Act 1963 ; and
(b) section 56(1) of the Children and Young Persons Act (Northern Ireland) 1968
(each of which prescribes the form of oath for use in juvenile courts and by children and young persons in other courts) for the words “section 2 of the Oaths Act 1909” there shall be substituted the words “section 1 of the Oaths Act 1978”.

Part II United Kingdom

Oaths

3 Swearing with uplifted hand.
If any person to whom an oath is administered desires to swear with uplifted hand, in the form and manner in which an oath is usually administered in Scotland, he shall be permitted so to do, and the oath shall be administered to him in such form and manner without further question.

4 Validity of oaths.
(1) In any case in which an oath may lawfully be and has been administered to any person, if it has been administered in a form and manner other than that prescribed by law, he is bound by it if it has been administered in such form and with such ceremonies as he may have declared to be binding.
(2) Where an oath has been duly administered and taken, the fact that the person to whom it was administered had, at the time of taking it, no religious belief, shall not for any purpose affect the validity of the oath.

Solemn affirmations

5 Making of solemn affirmations.
(1) Any person who objects to being sworn shall be permitted to make his solemn affirmation instead of taking an oath.
(2) Subsection (1) above shall apply in relation to a person to whom it is not reasonably practicable without inconvenience or delay to administer an oath in the manner appropriate to his religious belief as it applies in relation to a person objecting to be sworn.
(3) A person who may be permitted under subsection (2) above to make his solemn affirmation may also be required to do so.
(4) A solemn affirmation shall be of the same force and effect as an oath.

6 Form of affirmation.
(1) Subject to subsection (2) below, every affirmation shall be as follows:—
“I, do solemnly, sincerely and truly declare and affirm,” and then proceed with the words of the oath prescribed by law, omitting any words of imprecation or calling to witness.
(2) Every affirmation in writing shall commence:—
“I, of , do solemnly and sincerely affirm,” and the form in lieu of jurat shall be “Affirmed at this day of 19 , Before me.”

Supplementary

7 Repeals and savings.
(1) The enactments specified in Part I of the Schedule to this Act (consequential repeals) and Part II of that Schedule (enactment obsolete since the Oaths Act 1888 ) are hereby repealed to the extent specified in the third column of that Schedule.
(2) In so far as anything done under an enactment repealed by this Act could have been done under a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if done under that provision.
(3) Where any instrument or document refers, either expressly or by implication, to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Nothing in this Act shall be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals).

8 Short title, extent and commencement.
(1) This Act may be cited as the Oaths Act 1978.
(2) Part I of this Act does not extend to Scotland.
(3) It is hereby declared that this Act extends to Northern Ireland.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) This Act shall come into force on the expiration of the period of one month from the date on which it is passed.
Section 7.

SCHEDULE


[31st July 1978]

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5A .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 Grants in respect of community service facilities.
After section 27 of the Social Work (Scotland) Act 1968 there shall be inserted the following section—

“27AGrants in respect of Community service facilities.
The Secretary of State may make to a local authority grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authority in providing a service for the purposes mentioned in paragraph (b) of section 27(1) of this Act in relation to persons mentioned in sub-paragraph (iii) of that paragraph.”.

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14
The enactments specified in Schedule 2 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULES

SCHEDULE 1 . . .
Section 14.

SCHEDULE 2 Minor and Consequential Amendments

The Social Work (Scotland) Act 1968 (c. 49)
1 In section 27 (supervision of persons put on probation or released from prisons etc.)—
(a) at the end of subsection (1)(b)(ii) add “and (iii) without prejudice to sub-paragraphs (i) and (ii) above, persons in the area who are subject to a community service order under the Community Service by Offenders (Scotland) Act 1978 or a probation order which includes a requirement that the offender shall perform unpaid work”;
(b) for the words “probation scheme” wherever they occur substitute “probation and community service scheme”.

The Criminal Procedure (Scotland) Act 1975 (c. 21)
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .