Waste (Wales) Measure 2010

General

17 Interpretation

(1) In this Measure–

• “function” (“swyddogaeth”) means power or duty;

• “local authority” (“awdurdod lleol”) means a county or county borough council in Wales;

• “specified” (“pennu”) means specified in regulations made by the Welsh Ministers;

• “waste” (“gwastraff”) means anything that–

  (a)

  is waste for the purposes of the Waste Framework Directive, and

  (b)

  is not excluded from the scope of that Directive by Article 2 of that Directive.

(2) For the purposes of the definition of “waste” in subsection (1), “the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives.

18 Minor and consequential amendments

The Schedule contains minor and consequential amendments.

19 Orders and regulations

(1) Any power of the Welsh Ministers to make an order or regulations under this Measure is exercisable by statutory instrument.

(2) Any power of the Welsh Ministers to make an order or regulations under this Measure includes power–

(a) to make different provision for different cases or classes of case, different areas, different persons or descriptions of person or different purposes;

(b) to make different provision to apply at different times;

(c) to make provision generally or in relation to specific cases;

(d) to make incidental, supplementary, consequential, transitory, transitional or saving provision as the Welsh Ministers think fit.

(3) Any provision that may be made by order under this Measure may be made by regulations.

(4) Any provision that may be made by regulations under this Measure may be made by order.

20 Orders and regulations: procedures

(1) Any statutory instrument containing an order or regulations made under this Measure is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(2) Subsection (1) does not apply to–

(a) an order under section 21(1);

(b) orders and regulations to which subsection (3) applies.

(3) A statutory instrument containing an order under section 3(4) or regulations under section 4, 5(1)(g), 6, 9, or 14 (whether alone or with other provisions) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(4) Where regulations make provision that may be made by order, any procedure that would apply to the order under this section applies to the regulations.

(5) Where an order makes provision that may be made by regulations, any procedure that would apply to the regulations under this section applies to the order.

21 Commencement

(1) Section 3 comes into force in accordance with provision made by the Welsh Ministers by order.

(2) The remaining provisions of this Measure come into force at the end of a period of two months beginning on the day on which this Measure is approved by Her Majesty in Council.

22 Short title

This Measure may be cited as the Waste (Wales) Measure 2010.