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28 Regulations under Chapter 1: procedural provisions | |
(1) A statutory instrument that— | |
(a) contains regulations under this Chapter made by the Secretary of State, | |
and | |
(b) is not subject to any requirement that a draft of the instrument be laid | 5 |
before, and approved by a resolution of, each House of Parliament, | |
shall be subject to annulment in pursuance of a resolution of either House of | |
Parliament. | |
(2) No affirmative-procedure regulations shall be made by the Secretary of State | |
unless a draft of the statutory instrument containing the regulations (whether | 10 |
containing them alone or with other provisions) has been laid before, and | |
approved by a resolution of, each House of Parliament. | |
(3) A statutory instrument that— | |
(a) contains regulations under this Chapter made by the Scottish Ministers, | |
and | 15 |
(b) is not subject to any requirement that a draft of the instrument be laid | |
before, and approved by a resolution of, the Scottish Parliament, | |
shall be subject to annulment in pursuance of a resolution of the Scottish | |
Parliament. | |
(4) No affirmative-procedure regulations shall be made by the Scottish Ministers | 20 |
unless a draft of the statutory instrument containing them (whether containing | |
them alone or with other provisions) has been laid before, and approved by a | |
resolution of, the Scottish Parliament. | |
(5) A statutory rule that— | |
(a) contains regulations under this Chapter made by the Department of the | 25 |
Environment, and | |
(b) is not subject to affirmative resolution within the meaning of section | |
41(4) of the 1954 Act, | |
shall be subject to negative resolution within the meaning of section 41(6) of | |
that Act. | 30 |
(6) A statutory rule that contains (whether alone or with other provisions) | |
affirmative-procedure regulations made by the Department of the | |
Environment shall be subject to affirmative resolution within the meaning of | |
section 41(4) of the 1954 Act. | |
(7) In this section— | 35 |
“affirmative-procedure regulations” means— | |
(a) regulations under section 1 or 2, and | |
(b) the first regulations to be made under each of sections 6, 7 and | |
11 by each of the Secretary of State, the Scottish Ministers and | |
the Department of the Environment; | 40 |
“the 1954 Act” means the Interpretation Act (Northern Ireland) 1954 | |
(c. 33 (N.I.)). | |
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Chapter 2 | |
Waste management in Wales | |
29 Municipal waste management strategies | |
(1) The National Assembly for Wales may by regulations make provision for | |
requiring a local authority to have for its area a strategy for the management of | 5 |
waste. | |
(2) Regulations under subsection (1) may (in particular)— | |
(a) specify matters to be addressed by a strategy; | |
(b) specify wastes to which a strategy is to relate; | |
(c) make provision about policies to be included in a strategy; | 10 |
(d) make provision in connection with review or revision of a strategy; | |
(e) make provision for consultation, or about other procedural matters, in | |
connection with the formulation of policy for the purposes of a | |
strategy; | |
(f) make provision for requiring the preparation of statements setting out | 15 |
policies formulated for the purposes of a strategy; | |
(g) make provision about the contents of such statements, including | |
provision for requiring a local authority to set out in such a statement | |
the content of its waste recycling plan; | |
(h) make provision about the form of such statements; | 20 |
(i) make provision for publicising such statements once prepared, for | |
publishing them, for sending copies of them to persons specified in the | |
regulations and for public inspection of them; | |
(j) make provision for the supply of copies of such statements, including | |
provision for the payment of reasonable charges; | 25 |
(k) make provision for requiring a local authority, when formulating | |
policy for the purposes of a strategy or preparing such a statement, to | |
have regard to guidance (including future guidance); | |
(l) make provision modifying or disapplying provisions of section 49 of | |
the Environmental Protection Act 1990 (c. 43) (duty to make waste | 30 |
recycling plan) so far as having effect in relation to a local authority that | |
includes the content of its recycling plan in such a statement; | |
(m) make provision about when duties imposed by the regulations are to be | |
performed, including provision for duties to be performed by times | |
specified in directions given by the Assembly. | 35 |
(3) In this section— | |
(a) “local authority” means a county council, or county borough council, in | |
Wales, and | |
(b) references to the content of a local authority’s waste recycling plan are | |
to the content of the statement prepared by it under section 49(1)(c) of | 40 |
the Environmental Protection Act 1990, read with any modifications | |
under section 49(1)(e) of that Act. | |
30 Provision of information about waste by local authorities | |
(1) The National Assembly for Wales may by regulations make provision | |
requiring a local authority to provide the Assembly with information— | 45 |
(a) of a description specified by the regulations, and | |
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(b) relating to, or to a description of, waste that is or has been in, or may or | |
will come into, the authority’s area. | |
(2) Regulations under subsection (1) may— | |
(a) make provision in connection with the collection, verification or | |
certification of information whose provision is required by such | 5 |
regulations; | |
(b) make provision about the form in which, and the means by which, | |
information is to be provided; | |
(c) make provision about when duties imposed by the regulations are to be | |
performed, including provision for duties to be performed by times | 10 |
specified in directions given by the Assembly. | |
(3) In this section “local authority” means a county council, or county borough | |
council, in Wales. | |
Chapter 3 | |
Supplementary | 15 |
31 Directions to waste collection authorities in England | |
(1) Part 2 of the Environmental Protection Act 1990 (c. 43) (waste on land) is | |
amended as follows. | |
(2) In section 48 (duties of waste collection authorities as respects collected waste), | |
after subsection (1) (collection authority to deliver collected waste to places | 20 |
directed by disposal authority) there is inserted— | |
“(1A) A waste collection authority in England which is not also a waste | |
disposal authority must discharge its duty under subsection (1) above | |
in accordance with any directions about separation of waste given by | |
the waste disposal authority for its area.” | 25 |
(3) In section 51 (functions of waste disposal authorities), after subsection (4) there | |
is inserted— | |
“(4A) A waste disposal authority in England which is not also a waste | |
collection authority may in directions under subsection (4)(a) above | |
include requirements about separation that relate to waste as delivered, | 30 |
but may do so only if it considers it necessary for assisting it to comply | |
with any obligation imposed on it by or under any enactment.” | |
32 Regulations under Part 1 | |
(1) Any power to make regulations under this Part includes— | |
(a) power to make different provision for different cases, and | 35 |
(b) power to make incidental, supplementary, consequential or | |
transitional provision or savings. | |
(2) Any power to make regulations under this Part is exercisable by statutory | |
instrument, subject to subsection (3). | |
(3) Any power of the Department of the Environment to make regulations under | 40 |
this Part is exercisable by statutory rule for the purposes of the Statutory Rules | |
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). | |
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33 Meaning of “waste” in Part 1 | |
(1) In this Part “waste” means anything that— | |
(a) is waste for the purposes of the Waste Directive, and | |
(b) is not excluded from the scope of that Directive by Article 2 of that | |
Directive. | 5 |
(2) For the purposes of this section “the Waste Directive” means Council Directive | |
75/442/EEC as amended by— | |
(a) Council Directives 91/156/EEC and 91/692/EEC, and | |
(b) Commission Decision 96/350/EC. | |
Part 2 | 10 |
Trading of emissions quotas | |
34 Pollution regulations: emissions trading schemes | |
In Schedule 1 to the Pollution Prevention and Control Act 1999 (c. 24) | |
(purposes for which provision may be made by regulations under section 2), | |
after paragraph 21 there is inserted— | 15 |
“Emissions quota trading schemes: penalties | |
21A (1) The regulations may authorise the inclusion in a trading scheme of— | |
(a) provision for penalties in respect of contraventions of | |
provisions of the scheme; | |
(b) provision for the amount of any penalty under the scheme to | 20 |
be such as may be set out in, or calculated in accordance | |
with— | |
(i) the scheme, or | |
(ii) the regulations (including regulations made after the | |
scheme). | 25 |
(2) In this paragraph “trading scheme” means a scheme of the kind | |
mentioned in paragraph 1(3).” | |
35 Penalty provisions of UK Greenhouse Gas Emissions Trading Scheme 2002 | |
(1) If incorporated in a participation agreement, the penalty provisions of the | |
Scheme shall have statutory effect between the parties to the agreement. | 30 |
(2) Subsection (1) applies in relation to agreements entered into before, as well as | |
in relation to agreements entered into after, this section comes into force. | |
(3) In that subsection— | |
“participation agreement” means an agreement that has the effect that a | |
person is a participant in the Scheme; | 35 |
“penalty provisions” means provisions for penalties for non-compliance | |
with the Scheme; | |
“the Scheme” means the UK Greenhouse Gas Emissions Trading Scheme | |
2002 (which was made on behalf of the Secretary of State on 8th March | |
2002) as amended from time to time (whether before or after this section | 40 |
comes into force). | |
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Part 3 | |
General | |
36 Commencement | |
(1) Sections 1 to 3, 17, 31 and 35 come into force on such day as the Secretary of | |
State may by order appoint. | 5 |
(2) Sections 4, 5, 9 and 10 come into force— | |
(a) in relation to England, on such day as the Secretary of State may by | |
order appoint; | |
(b) in relation to Scotland, on such day as the Scottish Ministers may by | |
order appoint; | 10 |
(c) in relation to Wales, on such day as the National Assembly for Wales | |
may by order appoint; | |
(d) in relation to Northern Ireland, on such day as the Department of the | |
Environment may by order appoint. | |
(3) Section 18 comes into force on such day as the Scottish Ministers may by order | 15 |
appoint. | |
(4) Section 19 comes into force on such day as the National Assembly for Wales | |
may by order appoint. | |
(5) Section 20 comes into force on such day as the Department of the Environment | |
may by order appoint. | 20 |
(6) Any power under this section to appoint a day includes power to appoint | |
different days for different purposes. | |
(7) A person who has power under this section to appoint a day for the coming | |
into force of a provision may by order make in connection with the coming into | |
force of that provision such transitional provision as the person considers | 25 |
necessary or expedient. | |
(8) Any power to make an order under this section is exercisable by statutory | |
instrument, subject to subsection (9). | |
(9) Any power of the Department of the Environment to make an order under this | |
section is exercisable by statutory rule for the purposes of the Statutory Rules | 30 |
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). | |
37 Extent | |
(1) Subject to the following provisions, this Act extends to England and Wales, | |
Scotland and Northern Ireland. | |
(2) Sections 17, 19 and 29 to 31 extend only to England and Wales. | 35 |
(3) Section 18 extends only to Scotland. | |
(4) Section 20 extends only to Northern Ireland. | |
(5) Section 34 extends only to England and Wales, and Scotland. | |
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