Delegation of enforcement functions EPA 1990 s. 125
Secretary of State may delegate enforcement functions to public authorities with Treasury approval; expenses reimbursed if agreement so provides.
The Secretary of State may, by an agreement made with any public authority, delegate to that authority or to any officer appointed by an authority exercising functions on behalf of that authority any of his enforcement functions under this Part, subject to such restrictions and conditions as may be specified in the agreement. For the purposes of this section the following are “enforcement functions” of the Secretary of State, that is to say, his functions under— section 110; section 114(1) and (4); section 116; section 118(10); and section 121; and “ inspector ” in sections 115 and 117 includes, to the extent of the delegation, any inspector appointed by an authority other than the Secretary of State by virtue of an agreement under this section. The Secretary of State shall, if and so far as an agreement under this section so provides, make payments to the authority to reimburse the authority the expenses incurred in the performance of functions delegated under this section; but no such agreement shall be made without the approval of the Treasury.
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 allows the Secretary of State to hand over certain enforcement duties to a public authority, like a local council or a national agency, by signing a written agreement. The duties that can be delegated are listed: powers to appoint inspectors (s.110), enter premises (s.114), obtain information (s.116), deal with imminent danger (s.118(10)), and remedy harm (s.121). The agreement can set limits or conditions on how those powers are used.
If the agreement says so, the Secretary of State must pay the authority for the costs it incurs in carrying out those duties. But no agreement can be made without the Treasury’s approval. The authority can also appoint its own inspectors to exercise the rights of entry and inspection under ss.115 and 117, but only to the extent the delegation covers.
When it applies
- The Environment Agency agrees with the Secretary of State to take over the power to issue enforcement notices under s.110.
- A local council obtains information from a factory under s.116 after the Secretary of State delegates that function to it.
- The Secretary of State delegates the power to remedy environmental harm under s.121 to a regional authority, and pays the authority for the work done.
What this section does not say
- This section does not let the Secretary of State delegate enforcement functions to a private company – only to a public authority.
- It does not create any right for a citizen to demand that the Secretary of State delegate or not delegate functions.
- It does not cover delegation of functions under other parts of the EPA 1990, only those in Part I listed in s.125.
- The section does not set any penalties or offences – those are found in s.118 and other sections.
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This page reproduces the text of EPA 1990 s. 125 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.