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SCHEDULES

SCHEDULE 1E+W+S Particular purposes for which provision may be made under section 2

Part IE+W+S List of purposes

GeneralE+W+S

20(1)Making provision which, subject to any modifications that the Secretary of State considers appropriate, corresponds or is similar to—E+W+S

(a)any provision made by or under, or capable of being made under, Part I or II of the M1Environmental Protection Act 1990 or made by any of sections 157, 158 and 160 of that Act; or

[F1(b)any provision (not being provision within any of paragraphs 1 to 19 or paragraph (a) above) that might be made by an Act of Parliament in connection with the relevant directives, other than provision—

(i)imposing or increasing taxation;

(ii)taking effect from a date earlier than that of the making of the instrument containing the provision;

(iii)conferring any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal.]

(2)In sub-paragraph (1) “the relevant directives” means—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(d)Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos;

(e)Council Directive 91/271/EEC concerning urban waste water treatment;

(f)Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources;

(g)European Parliament and Council Directive 94/62/EC on packaging and packaging waste;

(h)European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations;

(i)Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT);

(j)Council Directive 1999/31/EC on the landfill of waste;

(k)Directive 2000/14/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors;

(l)Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles;

(m)Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy;

(n)Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise;

(o)Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment;

(p)Directive 2004/35/CE of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage;

(q)Directive 2005/64/EC of the European Parliament and of the Council on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability;

(r)Directive 2006/7/EC of the European Parliament and of the Council concerning the management of bathing water quality;

(s)Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries;

(t)Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators;

(u)Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration;

(v)Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe;

(w)Directive 2008/98/EC of the European Parliament and of the Council on waste;

(x)Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy;

(y)Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide;

(z)Commission Directive 2009/90/EC laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status;

(aa)Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations;

(bb)Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast);

(cc)Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (recast);

(dd)Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency;

(ee)Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation;

(ff)Commission Directive (EU) 2015/996 establishing common noise assessment methods according to Directive 2002/49/EC of the European Parliament and of the Council;

(gg)Directive 2015/2193/EU of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants;

(hh)Directive (EU) 2016/2284 of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants; and

(ii)Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment].

[F5(2A)In sub-paragraph (1)(b)(iii), the reference to provision conferring any power to legislate does not include provision—

(a)amending or extending a power to legislate conferred other than under this paragraph;

(b)giving directions as to matters of administration.]

(3)Making provision about the application of the regulations to the Crown.

Textual Amendments

F4Sch. 1 para. 20(2)(d)-(ii) inserted by S.I. 2019/458, reg. 4(3)(b)(iii) (as inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) (Amendment) (England and Wales) Regulations 2020 (S.I. 2020/603), regs. 1, 2(3)(b))

Modifications etc. (not altering text)

Marginal Citations