Directions: power to give, vary, revoke - EPA 1990 s. 161
Under EPA 1990 s. 161, any power to give a direction includes the power to vary or revoke it, and all directions must be in writing.
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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 applies to every direction given under the Environmental Protection Act 1990. It does not create a new power to give directions; it only governs how any existing power to give a direction may be exercised.
It says two things. First, when someone has the power to give a direction, they also have the power to change (vary) or cancel (revoke) that direction. Second, every direction must be in writing. A verbal instruction is not a direction under the Act unless it is put in writing.
When it applies
- The Environment Agency gives a written direction to a company to provide information under section 19.
- The Secretary of State varies a direction previously given to a local authority to extend the time for compliance.
- A local authority revokes a direction it gave to a resident to clear litter from their property.
- A person receives a verbal instruction from an officer and later discovers it is not a valid direction because it was not given in writing.
What this section does not say
- This provision does not create any new power to give directions; the power must come from another section of the Act.
- It does not specify the consequences of giving a direction orally or of failing to put it in writing.
- It does not apply to directions given by private individuals or under other legislation.
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This page reproduces the text of EPA 1990 s. 161 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.