The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2013

Statutory Instruments

2013 No. 766

Environmental Protection, England And Wales

Health And Safety

The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2013

Made

27th March 2013

Laid before Parliament

2nd April 2013

Laid before the National Assembly for Wales

2nd April 2013

Coming into force

26th April 2013

The Secretary of State in relation to England (and Wales and Scotland, so far as relating to regulation 3 of the following Regulations), and the Welsh Ministers in relation to Wales (except so far as relating to regulation 3), have, in accordance with section 2(4) of the Pollution Prevention and Control Act 1999(1) (“the 1999 Act”), consulted—

(a) the Environment Agency;

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

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

The Secretary of State has also, in accordance with section 2(4)(b) of the 1999 Act, consulted the Scottish Environment Protection Agency in relation to regulation 3.

The Secretary of State makes the following Regulations—

(a) so far as relating to regulation 3, in relation to England, Wales and Scotland in exercise of the powers conferred by section 2 of, and paragraph 20(1) of Schedule 1 to, the 1999 Act;

(b) otherwise, in relation to England in exercise of the powers conferred by sections 2 and 7(9) of, and Schedule 1 to, the 1999 Act.

The Welsh Ministers make the following Regulations, except so far as relating to regulation 3, in relation to Wales in exercise of the powers conferred by sections 2 and 7(9) of, and Schedule 1 to, the 1999 Act.

(1)

1999 c. 24. Functions of the Secretary of State under or in relation to section 2, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales, except in relation to offshore oil and gas exploration and exploitation, by article 3(1) of the National Assembly for Wales (Transfer of Functions) Order 2005 (S.I. 2005/1958). But this was subject to article 3(2), which provided that, so far as any of those functions are exercisable by the Secretary of State in relation to a cross-border body but which, by their nature, are not functions which can be specifically exercised in relation to Wales, such functions are exercisable by the National Assembly for Wales in relation to that body concurrently with the Secretary of State. Functions of the National Assembly for Wales were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).