Environment Bill (HC Bill 3)

(11) In subsection (8)—

(a) in the definition of “producer responsibility obligation” omit the
words from “in order” to the end;

(b) omit the definition of “relevant targets”.

(12) 5In subsection (9) after “power” insert “of the Secretary of State or the Welsh
Ministers”.

(13) In subsection (10) for the words from “a statutory” to the end substitute—

“(a) a statutory instrument containing regulations made by the
Secretary of State may not be made unless a draft of the
10instrument has been laid before, and approved by a
resolution of, each House of Parliament;

(b) a statutory instrument containing regulations made by the
Welsh Ministers may not be made unless a draft of the
instrument has been laid before, and approved by a
15resolution of, the National Assembly for Wales;

(c) regulations made by the Scottish Ministers are subject to the
affirmative procedure (see section 29 of the Interpretation
and Legislative Reform (Scotland) Act 2010 (asp 10)).”

(14) For subsections (11) and (12) substitute—

“(11) 20Subsection (10) does not apply to—

(a) a statutory instrument containing regulations made by the
Secretary of State or the Welsh Ministers, or

(b) regulations made by the Scottish Ministers,

if the regulations only vary any targets specified or described in
25regulations.

(12) A statutory instrument to which subsection (10) does not apply—

(a) if made by the Secretary of State, is subject to annulment in
pursuance of a resolution of either House of Parliament;

(b) if made by the Welsh Ministers, is subject to annulment in
30pursuance of a resolution of the National Assembly for
Wales.

(13) Regulations made by the Scottish Ministers to which subsection (10)
does not apply are subject to the negative procedure (see section 28
of the Interpretation and Legislative Reform (Scotland) Act 2010
35(asp 10)).”

3 (1) Section 94 (producer responsibility obligations: supplementary provision) is
amended as follows.

(2) In subsection (1)—

(a) in paragraph (c)—

(i) 40for “the targets” substitute “targets”;

(ii) after “re-used,” insert “redistributed,”;

(b) after paragraph (d) insert—

“(da) circumstances in which a producer responsibility
obligation is to be treated as met (in whole or in part)
45by payment of a sum of money, the manner in which
and persons by whom the amount of such sums is to

be determined, and the persons to whom such sums
are to be paid;

(db) authorising or requiring persons who are subject to a
producer responsibility obligation to become
members of a compliance scheme;”;

(c) 5in paragraph (e) omit “and who are not members of registered
exemption schemes”;

(d) in paragraph (f)—

(i) for “exemption” substitute “compliance”;

(ii) for “Secretary of State” substitute “relevant national
10authority”;

(e) after paragraph (f) insert—

“(fa) the establishment, maintenance or management of a
compliance scheme by a person appointed by the
relevant national authority;”

(f) 15in paragraph (g)—

(i) for “registered exemption” substitute “compliance”;

(ii) for “appropriate Agency” substitute “regulator”;

(g) in paragraph (h) for “appropriate Agency” substitute “regulator”;

(h) in paragraph (j) for “exemption” substitute “compliance”;

(i) 20in paragraph (k) for “an exemption” substitute “a compliance”;

(j) in paragraph (l)—

(i) for “appropriate Agency” substitute “regulator”;

(ii) for “exemption” substitute “compliance”;

(k) in paragraph (m) for “an exemption” substitute “a compliance”;

(l) 25for paragraph (p) substitute—

“(p) the charges, or method of determining the charges, to be
paid to the regulator (as a means of recovering costs
incurred by the regulator in performing functions relating
to producer responsibility obligations);”;

(m) 30in paragraph (q) for “exemption” substitute “compliance”;

(n) in paragraph (s)—

(i) in sub-paragraph (i) for “an exemption” substitute “a
compliance”;

(ii) in sub-paragraph (ii) for “registered exemption” substitute
35“compliance”;

(iii) in the words after sub-paragraph (ii) for “exemption”
substitute “compliance”;

(o) in paragraph (t) for “appropriate Agency” substitute “regulator”;

(p) in paragraph (u)—

(i) 40for “Secretary of State” substitute “relevant national
authority”;

(ii) for “appropriate Agency” substitute “regulator”;

(q) in paragraph (w)—

(i) for “appropriate Agency” substitute “regulator”;

(ii) 45for “exemption” substitute “compliance”;

(r) in paragraph (y)—

(i) for “new Agency” substitute “regulator”;

(ii) for “its” substitute “the regulator’s”.

(3) After subsection (1) insert—

“(1A) In this section the “regulator” means a person specified in the
regulations (and different persons may be specified in relation to
different functions or areas).”

(4) 5In subsection (2)—

(a) for “Secretary of State” substitute “relevant national authority”;

(b) in paragraph (a) for “registered exemption” substitute “compliance”.

(5) Omit subsection (3).

(6) In subsection (4) for “appropriate Agency” substitute “regulator”.

(7) 10Omit subsection (5).

(8) In subsection (6)—

(a) omit the definition of “the appropriate Agency”;

(b) in the definition of “certificate of compliance” for “appropriate
Agency” substitute “regulator”;

(c) 15after the definition of “certificate of compliance” insert—

• “““compliance scheme” means a scheme under which
  producer responsibility obligations of members of the
  scheme are discharged by the scheme operator on
  their behalf;”;

(d) 20omit the definition of “exemption scheme”;

(e) omit the definition of “new Agency”;

(f) in the definition of “operator” for “an exemption” substitute “a
compliance”;

(g) after the definition of “operator” insert—

• 25““registered compliance scheme” means a compliance
  scheme which is registered pursuant to regulations;”;

(h) omit the definition of “registered exemption scheme”.

(9) In subsection (7)(b) for “exemption” substitute “compliance”.

(10) In subsection (8) for “Secretary of State”, in each place it occurs, substitute
30“relevant national authority”.

Section 45

SCHEDULE 5 Producer responsibility obligations: Northern Ireland

Amendments

1 The Producer Responsibility Obligations (Northern Ireland) Order 1998 (S.I.
351998/1762 (N.I. 16)) is amended as follows.

2 (1) Article 2 (interpretation) is amended as follows.

(2) In paragraph (2)—

(a) in the definition of “certificate of compliance” for “Department”
substitute “regulator”;

(b) after the definition of “competition scrutiny” insert—

• “““compliance scheme” means a scheme under which
  producer responsibility obligations of members of the
  scheme are discharged by the scheme operator on
  5their behalf;”;

(c) for the definition of “the Department” substitute—

• “““the Department” means the Department of
  Agriculture, Environment and Rural Affairs;”;

(d) omit the definition of “exemption scheme”;

(e) 10in the definition of “operator” for “an exemption” substitute “a
compliance”;

(f) in the definition of “producer responsibility obligation” omit the
words from “in order” to the end;

(g) after the definition of “recovery” insert—

• 15“““registered compliance scheme” means a compliance
  scheme which is registered pursuant to regulations;”;

(h) omit the definition of “registered exemption scheme”;

(i) after the definition of “regulations” insert—

• “““regulator” means a person specified in the
  20regulations;”;

(j) omit the definition of “relevant targets”.

(3) After paragraph (2) insert—

“(2A) Regulations may specify different regulators in relation to different
functions.”

(4) 25In paragraph (3) after “re-use,” insert “redistribution,”.

3 (1) Article 3 (producer responsibility: general) is amended as follows.

(2) In paragraph (1), for the words from the beginning to “Department”
substitute “The Department or the Secretary of State”.

(3) After paragraph (1) insert—

“(1A) 30Regulations under paragraph (1) may be made for any of the
following purposes—

(a) preventing a product or material becoming waste, or
reducing the amount of a product or material that becomes
waste;

(b) 35sustaining a minimum level of, or promoting or securing an
increase in, the re-use, redistribution, recovery or recycling of
products or materials.”

(4) In paragraph (2)—

(a) after “the Department”, in the first place it occurs, insert “or the
40Secretary of State”;

(b) after “the Department”, in the second place it occurs, insert “or the
Secretary of State (as the case may be)”.

(5) In paragraph (3) after “the Department” insert “or the Secretary of State (as
the case may be)”.

(6) 45Omit paragraph (4).

(7) Omit paragraph (5).

(8) In paragraph (6)—

(a) in the words before sub-paragraph (a), for “paragraphs (3) and (5)”
substitute “paragraph (3)”;

(b) 5in sub-paragraph (a), for the words from “result” to the end
substitute “achieve one or more of the purposes in paragraph (1A)”;

(c) in sub-paragraph (b) for “any such increase” substitute “the
proposed exercise of the power”;

(d) in sub-paragraph (e), for the words before paragraph (i) substitute
10“that the burdens imposed by the regulations are imposed on
persons most able to make a contribution to securing those
benefits—”.

(9) In paragraph (7) after “the Department” insert “or the Secretary of State (as
the case may be)”.

4 (1) 15Article 4 (producer responsibility obligations: supplementary provision) is
amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (c)—

(i) for “the targets” substitute “targets”;

(ii) 20after “re-used,” insert “redistributed,”;

(b) after sub-paragraph (d) insert—

“(da) circumstances in which a producer responsibility
obligation is to be treated as met (in whole or in part)
by payment of a sum of money, the manner in which
25and persons by whom the amount of such sums is to
be determined, and the persons to whom such sums
are to be paid;

(db) authorising or requiring persons who are subject to a
producer responsibility obligation to become
30members of a compliance scheme;”;

(c) in sub-paragraph (e) omit “and who are not members of registered
exemption schemes”;

(d) in sub-paragraph (f)—

(i) for “exemption” substitute “compliance”;

(ii) 35after “Department” insert “or the Secretary of State”;

(e) after sub-paragraph (f) insert—

“(fa) the establishment, maintenance or management of a
compliance scheme by a person appointed by the
Department or the Secretary of State;”

(f) 40in sub-paragraph (g)—

(i) for “registered exemption” substitute “compliance”;

(ii) for “Department” substitute “regulator”;

(g) in sub-paragraph (h) for “Department” substitute “regulator”;

(h) in sub- paragraph (i) for “exemption” substitute “compliance”;

(i) 45in sub-paragraph (j) for “an exemption” substitute “a compliance”;

(j) in sub-paragraph (k)—

(i) for “Department” substitute “regulator”;

(ii) for “exemption” substitute “compliance”;

(k) in sub-paragraph (l) for “an exemption” substitute “a compliance”;

(l) in sub-paragraph (m)—

(i) for “exemption”, in each place it occurs, substitute
“compliance”;

(ii) 5for “Department” substitute “regulator”;

(m) for sub-paragraph (o) substitute—

“(o) the charges, or method of determining the charges, to
be paid to the regulator (as a means of recovering
costs incurred by the regulator in performing
10functions relating to producer responsibility
obligations);”;

(n) in sub-paragraph (p) for “exemption” substitute “compliance”;

(o) in sub-paragraph (r)—

(i) in paragraph (i) for “an exemption” substitute “a
15compliance”;

(ii) in paragraph (ii) for “registered exemption” substitute
“compliance”;

(iii) in the words after paragraph (ii) for “exemption” substitute
“compliance”;

(p) 20in sub-paragraph (s) for “Department” substitute “regulator”;

(q) in sub-paragraph (t) after “Department” insert “, the Secretary of
State or the regulator”;

(r) in sub-paragraph (u)—

(i) for “Department” substitute “regulator”;

(ii) 25for “exemption” substitute “compliance”;

(s) in sub-paragraph (v)—

(i) for “Department” substitute “regulator”;

(ii) for “its” substitute “the regulator’s”;

(t) in paragraph (w) for “exemption” substitute “compliance”.

(3) 30In paragraph (2)—

(a) in the words before sub-paragraph (a) after “Department” insert “or
the Secretary of State”;

(b) in sub-paragraph (a) for “registered exemption” substitute
“compliance”;

(c) 35in the words after sub-paragraph (b) after “Department” insert “or
the Secretary of State”.

(4) In paragraph (3) for “Department” substitute “regulator”.

(5) Omit paragraph (4).

(6) In paragraph (5) for “fees” substitute “sums”.

5 40In Article 6(2) (application to Crown) after “the Department” insert “or the
Secretary of State”.

6 (1) Regulation 7 (regulations and directions) is amended as follows.

(2) In paragraph (1) after “Regulations” insert “made by the Department”.

(3) After paragraph (1) insert—

“(1A) The Secretary of State may make regulations only with the consent of
the Department.

(1B) The Secretary of State may not make regulations unless a draft of the
5regulations has been laid before, and approved by resolution of, each
House of Parliament.

(1C) Paragraph (1B) does not apply to regulations made by the Secretary
of State that only make provision varying any targets specified or
described in regulations.

(1D) 10Regulations made by the Secretary of State to which paragraph (1B)
does not apply are subject to annulment in pursuance of a resolution
of either House of Parliament in like manner as a statutory
instrument, and section 5 of the Statutory Instruments Act 1946
applies accordingly.”

(4) 15In paragraph (3) after “Department”, in each place it occurs, insert “or the
Secretary of State”.

(5) In paragraph (5) after “Department” insert “or the Secretary of State”.

(6) In paragraph (7) after “Department” insert “or the Secretary of State”.

Saving provision

7 20To the extent that immediately before the commencement of paragraph
2(2)(c) a reference in the Producer Responsibility Obligations (Northern
Ireland) Order 1998 (S.I. 1998/1762 (N.I. 16)) to “the Department” was to be
read as being or including a reference to a department other than the
Department of Agriculture, Environment and Rural Affairs (by virtue of
25Article 9(1) of the Departments (Transfer of Functions) Order (Northern
Ireland) 2016 or otherwise), it is to continue to be so read.

Section 46

SCHEDULE 6 Producer responsibility for disposal costs

Part 1 30Requirements

General power

1 (1) The relevant national authority may by regulations make provision requiring the
payment of sums by specified persons, in respect of specified products or materials.

(2) Regulations under this section may be made only for the purpose of securing
35that those involved in manufacturing, processing, distributing or supplying
products or materials meet, or contribute to, the disposal costs of the
products or materials.

“Disposal costs” and “disposal”

2 (1) In this Schedule the “disposal costs” of products or materials means such
costs incurred in connection with the disposal of the products or materials
as may be specified in the regulations.

(2) 5In this Schedule the “disposal” of products or materials includes their re-use,
redistribution, recovery or recycling.

(3) Disposal costs may include the costs of—

(a) collecting and transporting products or materials for disposal,

(b) sorting and treating products or materials,

(c) 10other steps preparatory to disposal of products or materials, and

(d) providing public information about the disposal of products or
materials.

(4) They may include costs incurred in relation to products or materials that
have been disposed of unlawfully.

(5) 15The regulations may make provision as to how the disposal costs of
products or materials are to be calculated.

Calculation of sums payable

3 (1) The regulations may make provision as to how the sums payable under the
regulations are to be calculated.

(2) 20They may include provision for the sums payable under the regulations to
vary according to the design or composition of the products or materials to
which the regulations relate, the methods by which they were produced or
any other factor.

Administration

4 (1) 25The regulations may appoint a person (an “administrator”) to administer
provision made by the regulations.

(2) More than one person may be appointed as an administrator.

(3) The regulations may confer or impose powers or duties on an administrator.

(4) References in this Schedule to an administrator include a person appointed
30by an administrator or exercising functions on an administrator’s behalf.

Registration

5 (1) The regulations may require—

(a) persons required to pay sums under the regulations to register with
an administrator;

(b) 35administrators to register with an enforcement authority appointed
by regulations under Part 2 of this Schedule.

(2) The regulations may make provision—

(a) about applications for registration;

(b) about the period for which registration has effect;

(c) 40about the cancellation of registration.

(3) The regulations may require persons required to register to pay, in
connection with their registration, fees of an amount determined by or in
accordance with the regulations.

(4) The regulations may require registers to be published or made available for
5inspection.

Payment of sums

6 (1) The regulations may make provision for the sums payable under the
regulations to be payable to an administrator.

(2) The regulations may make provision as to how sums paid to the
10administrator are to be held by the administrator.

Distribution of sums paid

7 The regulations may make provision for sums paid to an administrator—

(a) to be distributed by the administrator, in accordance with the
regulations, among persons who have incurred disposal costs in
15relation to products or materials to which the regulations relate, or

(b) to be paid to another administrator to be so distributed by that
administrator.

Repayment of sums paid

8 (1) The regulations may make provision for sums paid to an administrator to be
20repayable, in whole or in part, to the persons by whom they were payable
(“liable persons”).

(2) The regulations may make provision as to how sums repayable under the
regulations are to be calculated.

(3) They may include provision for the sums repayable under the regulations to
25vary according to the extent to which, or manner in which, liable persons
dispose of products or materials to which the regulations relate, or meet or
contribute to their disposal costs.

Charges

9 The regulations may include provision requiring the payment of charges to
30administrators, as a means of recovering costs incurred by administrators in
performing functions under the regulations.

Consultation requirements

10 Before making regulations under this Part of this Schedule the relevant
national authority must consult persons appearing to it to represent the
35interests of those likely to be affected.

Part 2 Enforcement

General power

11 The relevant national authority may by regulations (“Part 2 regulations”)
5make provision about the enforcement of requirements imposed by
regulations (“Part 1 regulations”) made by the authority under Part 1 of this
Schedule.

Powers to confer functions

12 (1) Part 2 regulations may include provision conferring functions on one or
10more persons specified in the regulations (each of whom is an “enforcement
authority” for the purposes of this Part).

(2) Part 2 regulations may include provision—

(a) conferring functions involving the exercise of discretion;

(b) for the functions of an enforcement authority to be exercised on its
15behalf by persons authorised in accordance with the regulations.

(3) Part 2 regulations may include provision requiring an enforcement
authority to issue guidance about the exercise of its functions.

Monitoring compliance

13 Part 2 regulations may include provision conferring on an enforcement
20authority the function of monitoring compliance with requirements
imposed by Part 1 regulations.

Records and information

14 Part 2 regulations may include provision—

(a) requiring persons on whom requirements are imposed by Part 1
25regulations to keep records;

(b) requiring persons on whom requirements are imposed by Part 1
regulations to provide records or other information to an
enforcement authority or (where the person is not an administrator)
an administrator;

(c) 30requiring an enforcement authority to make reports or provide
information to the relevant national authority.

Powers of entry etc

15 (1) Part 2 regulations may include provision conferring on an enforcement
authority powers of entry, inspection, examination, search and seizure.

(2) 35Part 2 regulations may include provision—

(a) for powers to be exercisable only under the authority of a warrant
issued by a justice of the peace, sheriff, summary sheriff or lay
magistrate;

(b) about applications for, and the execution of, warrants.