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The Waste (England and Wales) (Amendment) Regulations 2014

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Statutory Instruments

2014 No. 656

Environmental Protection, England And Wales

The Waste (England and Wales) (Amendment) Regulations 2014

Made

14th March 2014

Laid before Parliament

14th March 2014

Laid before the National Assembly for Wales

14th March 2014

Coming into force

6th April 2014

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, have in accordance with section 2(4) of the Pollution Prevention and Control Act 1999(1) consulted—

(a)the Environment Agency;

(b)the Natural Resources Body for Wales;

(c)such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small business respectively as they consider appropriate; and

(d)such other bodies or persons as they consider appropriate.

The Secretary of State is designated(2) for the purposes of the European Communities Act 1972(3) in relation to the environment. The Welsh Ministers are designated(4) for the purposes of that Act in relation to the prevention, reduction and management of waste.

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, sections 5(3)(b) and (4)(b) and 8(2) of the Control of Pollution (Amendment) Act 1989(5), and section 2 of, and Schedule 1 to, the Pollution Prevention and Control Act 1999.

(1)

1999 c.24. Functions of the Secretary of State under section 2 (except in relation to offshore oil and gas exploration and exploitation), so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 3 of S.I. 2005/1958. Those functions were then transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). Section 2(4)(aa) was inserted by S.I. 2013/755 (W 90), article 4(1), Schedule 2, Part 1, paragraphs 394 and 395(1) extending the consultation duty in section 2(4) to the Natural Resources Body for Wales to the extent that regulations made under section 2 apply to Wales.

(5)

1989 c.14. In relation to Wales, the functions of the Secretary of State conferred by that Act were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions were then transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32). Section 5, as originally enacted, was substituted in England and Wales by the Clean Neighbourhoods and Environment Act 2005 (c.16), section 37. For the definition of “appropriate person” and “prescribed” see section 9(1) of the Control of Pollution (Amendment) Act 1989 (the definition of “appropriate person” was inserted by section 39(1) of the Clean Neighbourhoods and Environment Act 2005).

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