Environment Bill

Explanatory Notes

Territorial extent and application

56 Clause 130 sets out the territorial extent of the clauses in the Bill. The extent of a Bill is the legal jurisdiction where it forms part of the law. The extent of a Bill can be different from its application. Application refers to where it has practical effect.

57 Subject to a small number of exceptions, the Bill forms part of the law of England and Wales and applies to England. Around half of the Bill's provisions extend and apply to Wales with a significant number of provisions having Great Britain, UK or England, Wales and Northern Ireland extent. Clauses 45, 56, 58, 62, 64, 68, 83 and Schedule 2 form part of the law of Northern Ireland and apply to Northern Ireland only. Clauses 82 and 87 apply to Wales only.

58 There is a convention that Westminster will not normally legislate with regard to matters that are within the legislative competence of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly without the consent of the legislature concerned. The following clauses touch on matters that are devolved to Scotland or Wales or transferred to Northern Ireland and a legislative consent motion is being sought in relation to them: clause 45 (improving the natural environment: Northern Ireland); clause 46 (the Office for Environmental Protection: Northern Ireland); clause 47 (producer responsibility obligations); clause 48 (producer responsibility for disposal costs); clause 49 (resource efficiency information); clause 50 (resource efficiency requirements); clause 51 (deposit schemes); clause 52 (charges for single use plastic items); clause 53 (charges for carrier bags); clause 55 (electronic waste tracking: Great Britain); clause 56 (electronic waste tracking: Northern Ireland); clause 57 (hazardous waste: England and Wales); clause 58 (hazardous waste: Northern Ireland); clause 60 (regulations under the Environmental Protection Act 1990); clause 61 (powers to make charging schemes); clause 62 (waste charging: Northern Ireland); clause 63 (enforcement powers); clause 64 (enforcement powers: Northern Ireland); clause 65 (littering enforcement); clause 66 (fixed penalty notices); clause 67 (regulation of polluting activities); clause 68 (waste regulation: amendment of Northern Ireland Order); clause 69 (local air quality management framework); clause 70 (smoke control areas: amendments of the Clean Air Act 1993); clause 75 (water resources management plans, drought plans and joint proposals); clause 76 (drainage and sewerage management plans); clause 77 (authority’s power to require information); clause 79 (electronic service of documents); clause 81 (water quality: powers of Secretary of State); clause 82 (water quality: powers of Welsh Ministers); clause 83 (water quality: powers of Northern Ireland Department); clause 84 (Solway Tweed river basin district: power to transfer functions); clause 85 (water quality: interpretation); clause 87 (valuation of other land in drainage district: Wales); clause 88 (valuation of agricultural land in drainage district: England and Wales); clause 89 (disclosure of Revenue and Customs information); clause 125 (amendment of REACH legislation); Schedule 2 (Improving the natural environment: Northern Ireland); Schedule 3 (The Office for Environmental Protection: Northern Ireland); Schedule 4 (Producer responsibility obligations); Schedule 5 (Producer responsibility for disposal costs); Schedule 6 (Resource efficiency information); Schedule 7 (Resource efficiency requirements); Schedule 8 (Deposit schemes); Schedule 9 (Charges for single use plastic items); Schedule 10 (Enforcement powers); Schedule 11 (Local air quality management framework); Schedule 12 (Smoke control in England and Wales); and Schedule 19 (amendment of REACH legislation).

59 See the table in Annex A for a summary of the position regarding territorial extent and application in the United Kingdom. The table also summarises the position regarding legislative consent motions and matters relevant to Standing Orders Nos. 83J to 83X of the Standing Orders of the House of Commons relating to Public Business.


Prepared 29th January 2020