The Environmental Protection (Duty of Care) (Amendment) (Wales) Regulations 2003

Statutory Instruments

2003 No. 1720 (W.187)

ENVIRONMENTAL PROTECTION, WALES

The Environmental Protection (Duty of Care) (Amendment) (Wales) Regulations 2003

Made

9th July 2003

Coming into force

31st July 2003

The National Assembly for Wales, in exercise of the powers conferred upon the Secretary of State by section 34(5) of the Environmental Protection Act 1990(1) and now exercisable by the National Assembly for Wales in relation to Wales(2), hereby makes the following Regulations:

Citation , commencement and application

1.—(1) These Regulations may be cited as the Environmental Protection (Duty of Care) (Amendment) (Wales) Regulations 2003 and come into force on 31st July 2003.

(2) The Regulations apply to Wales.

Amendment of regulation 4 of the Environmental Protection (Duty of Care) Regulations 1991

2.  In regulation 4 of the Environmental Protection (Duty of Care) Regulations 1991(3) —

(a) for the words “served by a waste regulation authority” substitute “served by either a waste regulation authority or an authority which is a waste collection authority for the purposes of Part II of the 1990 Act”; and

(b) for the words “furnish the authority with a copy of it at the authority’s office” substitute “furnish that authority with a copy of it at that authority’s office”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4)

D. Elis-Thomas

The Presiding Officer of the National Assembly

9th July 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Environmental Protection (Duty of Care) Regulations 1991 (S.I. 1991/2839) (“the primary Regulations”), as amended by S.I. 1996/672 and as further amended, as they apply to England and Wales, by S.I. 2000/1973 and S.I. 2002/1559, to allow waste collection authorities to serve on any person who is required to keep a written description of waste and a transfer note under the primary Regulations a notice requiring that person to furnish to the waste collection authority at its office, within a specified period of time, such written descriptions of waste and transfer notes as are specified in that notice.

(1)

1990 c. 43; there are amendments to section 34 not relevant to these Regulations.

(2)

The functions of the Secretary of State were transferred to the National Assembly for Wales, in relation to Wales, by virtue of article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(3)

S.I. 1991/2839, as amended by regulation 23 of S.I. 1996/972 and, as it applies to England and Wales, by regulation 39 and Schedule 10, Part 2, paragraph 26 of S.I. 2000/1973 and regulation 19 of S.I. 2002/1559. The Regulations have also been amended, in relation to Scotland, by regulation 36 of S.S.I 2000/323 and, in relation to England, by regulation 3 of S.I. 2003/63.

(4)

1998 c. 38.