A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

By Michael Fry | Go to book overview

Use of the Manual
The legislation in this Manual is up to date to 1 September 1996. In respect of the Environment Act 1995, whilst a large part of the Act is in force, at the time of preparing the Manual, certain provisions have not commenced. Prospective amendments made by this Act have been incorporated and noted as such either at the amendment itself or at the end of the section or at the Part concerned.The Manual covers the law of England and Wales and of Scotland. Primary and secondary legislation is set out in Parts I and II respectively, in chronological order. Lists of statutory instruments made under certain provisions are also set out in Part II. Certain statutory instruments, such as those relating to the control of water pollution, which are due shortly to be amended or replaced are not included but are noted at the end of Part II. The index enables statutory provisions relating to a particular matter to be located.In this Manual, the legislation has been annotated to provide, in a convenient form, information on and references to the following points:
1. Statutory definitions and construction of words and phrases;
2. Amendments made to the legislation;
3. Commencement provisions;
4. Secondary legislation made pursuant to powers in the statutes;
5. Cases; and
6. Cross-references to related and other relevant provisions.

To avoid undue repetition the annotations are arranged on the basis of sections, articles or regulations. In section 4 of the Environmental Protection Act 1990, for example, "prescribed process" appears several times in the section; a cross-reference to the definition is set out at the first point in the section where this term appears. Where appropriate the authority for a statement, in the annotations, is placed after a colon. Thus the definition of controlled waters at section 30F of the Control of Pollution Act 1974 is set out as:

"Controlled waters" has the meaning given by s.30A(1) above: s.56(1) below.

Selected cases are noted at certain points; these do not comprise an exhaustive list either of the cases or of legislation which has been the subject of legal proceedings.

In editing the Manual, the objective has been to present material in an updated and convenient format. It is to be noted, however, that for the authoritative text, and amendments made to it, reference should be made to the Acts, statutory instruments and other original sources.

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