Public register of information EPA 1990 s. 122
EPA 1990 s. 122 requires the Secretary of State to maintain a public register of prescribed Part VI information, open for free inspection and copy charges.
The Secretary of State shall maintain a register (“the register”) containing prescribed particulars of or relating to— notices given or other information furnished under section 108 above; directions given under section 108(8) above; prohibition notices; applications for consents (and any further information furnished in connection with them) and any advice given by the committee appointed under section 124 below in relation to such applications; consents granted by the Secretary of State and any information furnished to him in pursuance of consent conditions; any other information obtained or furnished under any provision of this Part; convictions for such offences under section 118 above as may be prescribed; such other matters relating to this Part as may be prescribed; but that duty is subject to section 123 below. It shall be the duty of the Secretary of State— to secure that the register is open to inspection by members of the public free of charge at all reasonable hours; and to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges. The register may be kept in any form. The Secretary of State may make regulations with respect to the keeping of the register; and in this section “ prescribed ” means prescribed in regulations made by the Secretary of State.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section requires the Secretary of State to keep a public register containing specified details about certain matters under Part VI of the Environmental Protection Act 1990. The register must include particulars of notices, directions, prohibition notices, applications for consents, consents granted, and other information provided under this Part, as well as prescribed convictions for offences under section 118.
The register must be open for inspection by the public free of charge at all reasonable hours. The public may also obtain copies of entries on payment of reasonable charges. The register may be kept in any form, and the Secretary of State may make regulations about how it is kept.
Certain information may be excluded from the register under section 123. The register does not itself grant or deny any rights; it is a record of information that the law requires to be made public.
When it applies
- A company applies for a consent under section 111 and wants to know whether its application details will appear on the public register.
- A resident wants to inspect the register to see if a nearby factory has been issued a prohibition notice.
- An environmental group requests copies of all consents granted to a particular industry under Part VI.
- A journalist checks the register for any convictions under section 118 that are prescribed in regulations.
- A business owner wants to understand what information is excluded from the register under section 123 before submitting confidential data.
What this section does not say
- This section does not cover the process of applying for a consent (that is governed by sections 111 and 112).
- It does not cover the fees or charges for consents (those are under section 113).
- It does not give a right to obtain information that is excluded from the register under section 123.
- It does not cover the enforcement of notices or the power to remedy harm (sections 117, 120, 121).
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This page reproduces the text of EPA 1990 s. 122 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.