House of Lords Amendments - Pollution Prevention and Control Bill [ H.L ]

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Session 1998-99
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Amendments to the Pollution Prevention and Control Bill [ H.L ]

Pollution Prevention and Control Bill [ H.L ] -
Amendments to be debated in the House of Lords
Here you can browse the Amendments to the Pollution Prevention and Control Bill [ H.L ] to be moved in Committee in the House of Lords.

Clause 1

BY THE LORD WHITTY

     Page 2, line 11, at end insert--

    ("(4A)  Before making any regulations under this section, the Secretary of State shall consult--
(a)  the Environment Agency if the regulations are to apply in relation to England or Wales;

(b)  the Scottish Environment Protection Agency if the regulations are to apply in relation to Scotland;

(c)  such bodies or persons appearing to him to be representative of the interests of local government as he may consider appropriate;

(d)  such bodies or persons appearing to him to be representative of the interests of industry as he may consider appropriate; and

(e)  such other bodies or persons as he may consider appropriate.
    (4B)  Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (4A) as if undertaken after that passing.")

     Page 2, line 12, leave out subsection (5) and insert--

    ("(5A)  The power to make regulations under this section shall be exercised by statutory instrument.

    (5B)  A statutory instrument containing regulations under this section, if made without a draft having been laid before and approved by a resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.

    (5C)  But no regulations to which this subsection applies shall be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

    (5D)  Subsection (5C) applies to--
(a)  the first regulations to be made under this section which apply in relation to England;

(b)  the first regulations to be made under this section which apply in relation to Wales;

(c)  the first regulations to be made under this section which apply in relation to Scotland;

(d)  regulations under this section which create an offence or increase a penalty for an existing offence.")

Schedule 1

BY THE LORD JENKIN OF RODING

     Page 4, line 24, leave out ("or guidance")

     Page 4, line 25, after ("or") insert ("guidance which regulators are to")

     Page 4, line 43, leave out ("particular") and insert ("appropriate cases")

     Page 5, line 6, leave out ("Restricting") and insert ("Controlling")

     Page 5, line 24, leave out from ("substances") to ("how") in line 25 and insert ("and of")

     Page 7, line 22, at end insert--
("(c)  require the enforcing authority to publish accounts for any such scheme")

© Parliamentary copyright 1999
Prepared 5 February 1999

	Clause 1
	BY THE LORD WHITTY
	Page 2, line 11, at end insert-- ("(4A) Before making any regulations under this section, the Secretary of State shall consult-- (a) the Environment Agency if the regulations are to apply in relation to England or Wales; (b) the Scottish Environment Protection Agency if the regulations are to apply in relation to Scotland; (c) such bodies or persons appearing to him to be representative of the interests of local government as he may consider appropriate; (d) such bodies or persons appearing to him to be representative of the interests of industry as he may consider appropriate; and (e) such other bodies or persons as he may consider appropriate. (4B) Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (4A) as if undertaken after that passing.")
	Page 2, line 12, leave out subsection (5) and insert-- ("(5A) The power to make regulations under this section shall be exercised by statutory instrument. (5B) A statutory instrument containing regulations under this section, if made without a draft having been laid before and approved by a resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House. (5C) But no regulations to which this subsection applies shall be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament. (5D) Subsection (5C) applies to-- (a) the first regulations to be made under this section which apply in relation to England; (b) the first regulations to be made under this section which apply in relation to Wales; (c) the first regulations to be made under this section which apply in relation to Scotland; (d) regulations under this section which create an offence or increase a penalty for an existing offence.")
	Schedule 1
	BY THE LORD JENKIN OF RODING
	Page 4, line 24, leave out ("or guidance")
	Page 4, line 25, after ("or") insert ("guidance which regulators are to")
	Page 4, line 43, leave out ("particular") and insert ("appropriate cases")
	Page 5, line 6, leave out ("Restricting") and insert ("Controlling")
	Page 5, line 24, leave out from ("substances") to ("how") in line 25 and insert ("and of")
	Page 7, line 22, at end insert-- ("(c) require the enforcing authority to publish accounts for any such scheme")