Protection of the Environment Act 2003

Extension to Agency of powers under section 55 of Act of 1996.

46.—The following section is inserted after section 55 of the Act of 1996:

“Powers under section 55 also exercisable by Agency.

55A.—On and from the commencement of section 46 of the Protection of the Environment Act 2003, the powers under section 55 shall, in addition to being exercisable by a local authority, be exercisable by the Agency (but, as respects the Agency, without the limitation imposed on subsection (1)(a) of that section by subsection (1)(b) thereof) and, accordingly, for that purpose—

(a) the references in subsection (1)(a) of that section to a local authority shall be construed as including references to the Agency and that subsection, in its application to the Agency, shall have effect as if the words, ‘as respects its functional area,’ were omitted, and

(b) each subsequent reference in that section to a local authority shall, where the power under that subsection (1)(a) has been exercised by the Agency in relation to a particular matter, be construed, in relation to that matter, as a reference to the Agency.”.