Section 108(15)

In this section— “authorised person” means a person authorised under subsection (1) or (2) above; “document” includes anything in which information of any description is recorded (by any means) and any part of such a thing; “domestic property” has the meaning given by section 75(5)(a) of the Environmental Protection Act 1990; “emergency” means a case in which it appears to the authorised person in question— and for this purpose “serious harm” means— that there is an immediate risk of serious harm or that circumstances exist which are likely to endanger life or health, and that immediate entry to any premises is necessary to verify the existence of that risk or those circumstances or to ascertain the cause of that risk or those circumstances or to effect a remedy, serious pollution of the environment, serious harm to the environment, serious flooding, serious harm to human health, or a serious detrimental impact on drainage; “enforcing authority” means— the Secretary of State; the Agency; the Natural Resources Body for Wales; a waste collection authority; SEPA; or a local enforcing authority; “English or Welsh authorised person” means a person authorised under subsection (1) or (2) by the Secretary of State, the Welsh Ministers, the Agency, the Natural Resources Body for Wales, a waste collection authority or a local enforcing authority in England or Wales; “English waste collection authority” has the same meaning as in section 45A of the Environmental Protection Act 1990; “flood risk activity enactment”, in relation to an enforcing authority, means an enactment relating to the flood risk activity functions of that authority; “flood risk activity functions”, in relation to the Agency or the Natural Resources Body for Wales, means the functions relating to flood risk activities conferred or imposed on it by or under regulations made under section 61 of the Water Act 2014; “local enforcing authority” means— a local enforcing authority, within the meaning of Part I of the Environmental Protection Act 1990; a local authority, within the meaning of Part IIA of that Act, in its capacity as an enforcing authority for the purposes of that Part; a local authority for the purposes of Part IV of this Act or regulations under that Part; a local authority for the purposes of regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to England and Wales or regulations under section 61 of the Water Act 2014; “mobile plant” means plant which is designed to move or to be moved whether on roads or otherwise; “pollution control enactments”, in relation to an enforcing authority, means the enactments and instruments relating to the pollution control functions of that authority; “pollution control functions”, in relation to the Agency , the Natural Resources Body for Wales or SEPA, means the functions conferred or imposed on it by or under— the Alkali, &c, Works Regulation Act 1906; ... ... ... Parts I, IA and II of the Control of Pollution Act 1974; the Control of Pollution (Amendment) Act 1989; Parts I, II and IIA of the Environmental Protection Act 1990 (integrated pollution control, waste on land and contaminated land); Chapter III of Part IV of the Water Industry Act 1991 (special category effluent); Part III and sections 161 to 161D of the Water Resources Act 1991; section 19 of the Clean Air Act 1993; ... EU-derived domestic legislation (as defined by section 2 of the European Union (Withdrawal) Act 2018) to the extent that it relates to pollution; and, in relation to the Agency or the Natural Resources Body for Wales, includes the functions conferred or imposed on, or transferred to, it under section 2 of the Pollution Prevention and Control Act 1999 or regulations under section 61 of the Water Act 2014 but, in relation to the Natural Resources Body for Wales, does not include any functions which were exercisable by the Countryside Council for Wales or the Forestry Commissioners immediately before 1 April 2013 and are functions of that Body by virtue of the Natural Resources Body for Wales (Functions) Order 2013;; “pollution control functions”, in relation to a waste collection authority, means — the functions conferred on it by section 59 conferred or imposed on it by or under Part 2 of the Environmental Protection Act 1990; in relation to an English waste collection authority, the functions conferred or imposed on it by or under Part 2 of the Environmental Protection Act 1990 (other than sections 45 to 45AZD and 46 to 46D of that Act so far as relating to the collection of household waste from domestic property); and in relation to any other waste collection authority, “pollution control functions”, in relation to a local enforcing authority, means the functions conferred or imposed on, or transferred to, that authority— and, in relation to an authority in England or Wales, includes the functions conferred or imposed on, or transferred to, that authority under section 2 of the Pollution Prevention and Control Act 1999; by or under Part I or IIA of the Environmental Protection Act 1990; by or under regulations made by virtue of Part IV of this Act; or by or under EU-derived domestic legislation (as defined by section 2 of the European Union (Withdrawal) Act 2018) to the extent that it relates to pollution; “pollution control functions”, in relation to the Secretary of State, means any functions which are conferred or imposed upon him by or under any enactment or instrument and which relate to the control of pollution; “premises” includes any land, vehicle, vessel or mobile plant. “ waste collection authority ” shall be construed in accordance with section 30(3)(a), (b) and (bb) of the Environmental Protection Act 1990.

← 14 · All articles · 16 →

Source: legislation.gov.uk · retrieved 2026-07-30