Duty to maintain public registers - EPA 1990 s. 20
Enforcing authorities must maintain public registers of prescribed particulars and allow free inspection and copies for a fee.
It shall be the duty of each enforcing authority, as respects prescribed processes for which it is the enforcing authority, to maintain, in accordance with regulations made by the Secretary of State, a register containing prescribed particulars of or relating to— applications for authorisations made to that authority; the authorisations which have been granted by that authority or in respect of which the authority has functions under this Part; variation notices, enforcement notices and prohibition notices issued by that authority; revocations of authorisations effected by that authority; appeals under section 15 above; convictions for such offences under section 23(1) below as may be prescribed; information obtained or furnished in pursuance of the conditions of authorisations or under any provision of this Part; directions given to the authority under any provision of this Part by the Secretary of State; and such other matters relating to the carrying on of prescribed processes or any pollution of the environment caused thereby as may be prescribed; but that duty is subject to sections 21 and 22 below. Subject to subsection (4) below, the register maintained by a local enforcing authority in England and Wales shall also contain prescribed particulars of such information contained in any register maintained by the Environment Agency as relates to the carrying on in the area of the authority of prescribed processes in relation to which the Environment Agency has functions under this Part; and the Environment Agency shall furnish each authority with the particulars which are necessary to enable it to discharge its duty under this subsection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subsection (2) above does not apply to port health authorities but each local enforcing authority in England and Wales whose area adjoins that of a port health authority shall include corresponding information in the register maintained by it; and the Environment Agency shall furnish each such local enforcing authority with the particulars which are necessary to enable it to discharge its duty under this subsection. Where information of any description is excluded from any register by virtue of section 22 below, a statement shall be entered in the register indicating the existence of information of that description. The Secretary of State may give to enforcing authorities directions requiring the removal from any register of theirs of any specified information not prescribed for inclusion under subsection (1) or (2) above or which, by virtue of section 21 or 22 below, ought to have been excluded from the register. It shall be the duty of each enforcing authority— to secure that the registers maintained by them under this section are available, at all reasonable times, for inspection by the public free of charge; and (b) to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges. and, for the purposes of this subsection, places may be prescribed by the Secretary of State at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question. Registers under this section may be kept in any form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In this section “ prescribed ” means prescribed in regulations under this section.
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
Under section 20 of the Environmental Protection Act 1990, each enforcing authority (such as the Environment Agency or a local authority) must keep a public register for certain prescribed industrial processes. The register must contain details about applications for authorisations, the authorisations themselves, any variation, enforcement or prohibition notices, appeals, convictions for prescribed offences, and information obtained under the conditions of authorisations. This duty is subject to the exclusion of information affecting national security (section 21) and confidential information (section 22).
The register must be available for inspection by the public free of charge at all reasonable times, and members of the public can obtain copies of entries on payment of reasonable charges. The register may be kept in any form, including electronic. The Secretary of State can direct the removal of information that is not prescribed or that should have been excluded.
When it applies
- A resident wants to check whether a local factory has a valid environmental authorisation and any enforcement notices issued against it.
- An environmental group seeks to obtain copies of variation notices for a waste treatment plant to understand changes in emission limits.
- A journalist inspects the register to find records of convictions for pollution offences at a nearby industrial site.
- A business competitor wants to see if a rival has been issued a prohibition notice that restricts its operations.
What this section does not say
- This provision does not give a right to access confidential commercial information that is excluded under section 22.
- It does not require the register to contain information about all environmental matters, only those prescribed by regulations.
- It does not require the authority to provide copies free of charge; reasonable charges can be made for copies.
- It does not apply to private individuals' own environmental records or to information not prescribed by the Secretary of State.
Related sections
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of EPA 1990 s. 20 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.