Draft Order laid before Parliament under section 11 of the Public Bodies Act 2011, for approval by resolution of each House of Parliament after the expiry of the 40-day period referred to in section 11(4) of that Act.

2012 No. [XXXX]

Environmental Protection

Health And Safety

Public Bodies

The Advisory Committee on Hazardous Substances (Abolition) Order 2012

Made***

Coming into force in accordance with article 1

The Secretary of State, in exercise of the powers conferred by sections 1(1), 6(1) and (5) and 35(2) of the Public Bodies Act 20111 (“the Act”), makes this Order.

In accordance with section 8 of the Act, the Secretary of State considers that this Order—

serves the purpose of improving the exercise of public functions, having had regard to the factors set out in section 8(1); and

does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.

The consent of the Scottish Parliament and the consent of the National Assembly for Wales have been obtained in accordance with section 9(1) and (6) of the Act.

The Secretary of State makes this Order after consultation in accordance with section 10 of the Act.

The Secretary of State has consulted the Scottish Ministers in accordance with section 88(2) of the Scotland Act 19982 and the Welsh Ministers in accordance with section 63(1) of the Government of Wales Act 20063.

A draft of this Order, and an explanatory document containing the information required in section 11(2) of the Act, have been laid before Parliament in accordance with section 11(1) of the Act after the end of the period of twelve weeks mentioned in section 11(3) of the Act. In accordance with section 11(4) of the Act, the draft of this Order has been approved by a resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.

Citation and commencement1

1

This Order may be cited as the Advisory Committee on Hazardous Substances (Abolition) Order 2012.

2

The Order comes into force on the day after the day on which it is made, except as provided by paragraph (3).

3

In respect of the final entry (Public Bodies Act 2011) in the table of repeals in the Schedule, article 3 comes into force on the second day after the day on which the Order is made.

Abolition of the Advisory Committee on Hazardous Substances2

The committee established under section 140(5) of the Environmental Protection Act 19904 is abolished.

Repeals and revocations3

The provisions mentioned in the Schedule are repealed or revoked to the extent specified.

NameParliamentary Under Secretary of StateDepartment for Environment, Food and Rural AffairsDate

SCHEDULERepeals and revocations

Article 3

Table of repeals

Short title	Extent of repeal
Environmental Protection Act 1990	Section 140(5) (power to establish committee).
	In section 140(6)—
	a paragraph (a) (duty to consult committee), and
	a in paragraph (b), the words “having consulted the committee,”.
	Section 142(3) (duty to consult committee).
	Schedule 12 (injurious or hazardous substances: advisory committee).

Parliamentary Commissioner Act 19675	In Schedule 2 (departments etc subject to investigation), the entry relating to the Advisory Committee on Hazardous Substances.

House of Commons Disqualification Act 19756	In Part 2 of Schedule 1 (bodies of which all members are disqualified), the entry relating to the Advisory Committee on Hazardous Substances.

Freedom of Information Act 20007	In Part 6 of Schedule 1 (bodies that are public authorities for the purposes of the Act), the entry relating to the Advisory Committee on Hazardous Substances.
Public Bodies Act 2011	In Schedule 1 (power to abolish: bodies and offices), the entry relating to the Advisory Committee on Hazardous Substances.

Table of revocations

Title	Extent of revocation
The Advisory Committee on Hazardous Substances Order 19918	The whole Order.

The Advisory Committee on Hazardous Substances (Terms of Office) Regulations 19919	The whole Regulations.

The House of Commons Disqualification Order 199310	In Schedule 1 (amendments of schedule 1 to the House of Commons Disqualification Act 1975), the entry relating to the Advisory Committee on Hazardous Substances.

The Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 199911	In the Schedule, the entry relating to the Advisory Committee on Hazardous Substances.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order abolishes the Advisory Committee on Hazardous Substances, established under section 140(5) of the Environmental Protection Act 1990 (c. 43), and makes repeals and revocations (including the repeal of the power to appoint a committee) associated with the abolition.

No impact assessment has been prepared in respect of this instrument as no costs to the business or voluntary sectors is foreseen.