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“Powers under section 56 also exercisable by Agency and clarification of that section.
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56A.—(1) On and from the commencement of
section 47
of the Protection of the Environment Act 2003, the powers under section 56 of the Act of 1996 shall, in addition to being exercisable by a local authority, be exercisable by the Agency and, accordingly, for that purpose—
(a) the references in subsection (1) 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 ‘in 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) 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.
(2) Nothing in this section shall be construed as imposing on a local authority or the Agency, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.”.
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