SCHEDULES
SCHEDULE 1 Particular purposes for which provision may be made under section 2
Part I List of purposes
Preliminary
1
1
Establishing standards, objectives or requirements in relation to emissions within the meaning of the regulations.
2
Authorising the making of plans for—
a
the setting of overall limits,
b
the allocation of quotas, or
c
the progressive improvement of standards or objectives,
relating to such emissions.
3
Authorising the making of schemes for the trading or other transfer of quotas so allocated.
2
1
Determining the authorities (whether public or local or the Secretary of State) by whom functions conferred by the regulations—
a
in relation to permits under the regulations, or
b
otherwise for or in connection with the prevention or control of environmental pollution,
are to be exercisable (in this Schedule referred to as “regulators”).
2
Specifying any purposes for which any such functions are to be exercisable by regulators.
3
Enabling the Secretary of State to give directions which regulators are to comply with, or guidance which regulators are to have regard to, in exercising functions under the regulations, including—
a
directions providing for any functions exercisable by one regulator to be instead exercisable by another;
F15b
directions given for the purposes of the implementation of—
i
any F23assimilated obligations, or
ii
any obligations under an international agreement to which the United Kingdom is a party;
c
directions relating to the exercise of any function in a particular case or class of case.
Permits
4
F201
Prohibiting persons from operating any installation or plant of any specified description, or otherwise carrying on any activities of any specified description, except—
a
under a permit in force under the regulations, and
b
in accordance with any conditions to which the permit is subject.
F212
In relation to England and Wales, imposing such a prohibition in relation to an activity except where the carrying on of the activity meets conditions determined by the regulators in accordance with the regulations.
5
Specifying restrictions or other requirements in connection with the grant of permits (including provisions for restricting the grant of permits to those who are fit and proper persons within the meaning of the regulations); and otherwise regulating the procedure to be followed in connection with the grant of permits.
6
1
Prescribing the contents of permits.
2
Authorising permits to be granted subject to conditions imposed by regulators.
3
Securing that permits have effect subject to—
a
conditions specified in the regulations; or
b
rules of general application specified in or made under the regulations.
7
1
Requiring permits or the conditions to which permits are subject to be reviewed by regulators (whether periodically or in any specified circumstances).
2
Authorising or requiring the variation of permits or such conditions by regulators (whether on applications made by holders of permits or otherwise).
3
Regulating the making of changes—
a
in the operation of the installations or plant to which permits relate, or
b
in the case of permits for the carrying on of activities otherwise than in the course of operating any installation or plant, in the carrying on of the activities.
8
1
Regulating the transfer or surrender of permits.
2
Authorising the revocation of permits by regulators.
3
Authorising the imposition by regulators of requirements with respect to the taking of preventive or remedial action (by holders of permits or other persons) in connection with the surrender or revocation of permits.
9
Authorising the Secretary of State to make schemes for the charging by regulators of fees or other charges in respect of, or in respect of an application for—
a
the grant of a permit,
b
the variation of a permit or the conditions to which it is subject, or
c
the transfer or surrender of a permit,
or in respect of the subsistence of a permit.
F29A
F91
Authorising the Secretary of State to make schemes for the charging by regulators of charges, as respects functions in relation to offshore installations, corresponding to those that may be prescribed under section 41A of the Environment Act 1995.
2
Subsections (2) to (5) of section 41A of that Act apply in relation to the Secretary of State and a charging scheme made by virtue of this paragraph as they apply in relation to the Scottish Environment Protection Agency and a charging scheme made by that Agency under the 1995 Act.
3
In this paragraph F10“offshore installation” has” the same meaning as in the Greenhouse Gas Emissions Trading Scheme Regulations 2005.
10
Authorising, or authorising a Minister of the Crown to make schemes for, the charging by Ministers of the Crown or public or local authorities of fees or other charges in respect of—
a
the testing or analysis of substances,
b
the validating of, or of the results of, any testing or analysis of substances, or
c
assessing how the environment might be affected by the release into it of any substances,
in cases where the testing, analysis, validating or assessing is in any way in anticipation of, or otherwise in connection with, the making of applications for the grant of permits or is carried out in pursuance of conditions to which any permit is subject.
Information, publicity and consultation
11
Enabling persons of any specified description (whether or not they are holders of permits) to be required—
a
to compile information—
i
on emissions within the meaning of the regulations;
ii
on energy consumption and on the efficiency with which energy is used;
iii
on waste within the meaning of the regulations and on the destinations of such waste;
b
to provide such information in such manner as is specified in the regulations.
12
Securing—
a
that publicity is given to specified matters;
b
that regulators maintain registers of specified matters (but excepting information which under the regulations is, or is determined to be, commercially confidential and subject to any other exceptions specified in the regulations) which are open to public inspection;
c
that copies of entries in such registers, or of specified documents, may be obtained by members of the public.
13
Requiring or authorising regulators to carry out consultation in connection with the exercise of any of their functions; and providing for them to take into account representations made to them on consultation.
Enforcement and offences
14
1
Conferring on regulators functions with respect to the monitoring and inspection of the carrying on of activities to which permits relate, including—
a
power to take samples or to make copies of information;
b
power to arrange for preventive or remedial action to be taken at the expense of holders of permits.
2
Authorising regulators to appoint suitable persons to exercise any such functions and conferring powers (such as those specified in section 108(4) of the M1Environment Act 1995) on persons so appointed.
15
1
Authorising regulators to serve on holders of permits—
a
notices requiring them to take remedial action in respect of contraventions, actual or potential, of conditions to which their permits are subject;
b
notices requiring them to provide such financial security as the regulators serving the notices consider appropriate pending the taking of remedial action in respect of any such contraventions;
c
notices requiring them to take steps to remove imminent risks of serious environmental pollution (whether or not arising from any such contraventions).
2
Providing for the enforcement of such notices by proceedings in the High Court or any court of competent jurisdiction in Scotland.
16
Authorising regulators to suspend the operation of permits so far as having effect to authorise the carrying on of activities to which they relate.
17
The creation of offences and dealing with matters relating to such offences, including—
a
the provision of defences; and
b
evidentiary matters.
18
Enabling, where a person has been convicted of an offence under the regulations—
a
a court dealing with that person for the offence to order the taking of remedial action (in addition to or instead of imposing any punishment); or
b
a regulator to arrange for such action to be taken at that person’s expense.
Appeals
19
Conferring rights of appeal in respect of decisions made, notices served or other things done (or omitted to be done) under the regulations; and making provision for (or for the determination of) matters relating to the making, considering and determination of such appeals (including provision for or in connection with the holding of inquiries or hearings).
General
20
1
Making provision which, subject to any modifications that the Secretary of State considers appropriate, corresponds or is similar to—
a
any provision made by or under, or capable of being made under, Part I or II of the M2Environmental Protection Act 1990 or made by any of sections 157, 158 and 160 of that Act; or
F18b
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—
F14a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19d
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.
F162A
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.
Part II Supplementary provisions
Particular types of pollution
21
The regulations may provide for specified provisions of the regulations to have effect in relation only to such environmental pollution as is specified.
F1Emissions quota trading schemes: penalties
21A
1
The regulations may authorise the inclusion in a trading scheme of—
a
provision for penalties in respect of contraventions of provisions of the scheme;
b
provision for the amount of any penalty under the scheme to be such as may be set out in, or calculated in accordance with—
i
the scheme, or
ii
the regulations (including regulations made after the scheme).
2
In this paragraph “ trading scheme ” means a scheme of the kind mentioned in paragraph 1(3).
Determination of matters by regulators
22
The regulations may make provision for anything which, by virtue of paragraphs 5 to 8, could be provided for by the regulations to be determined under the regulations by regulators.
Imposition of conditions
23
In connection with the determination of conditions as mentioned in paragraph 6(3)(a) the regulations may in particular provide—
a
for such conditions to be determined in the light of any specified general principles and any directions or guidance given under the regulations;
b
for such guidance to include guidance sanctioning reliance by a regulator on any arrangements referred to in the guidance to operate to secure a particular result as an alternative to imposing a condition.
Charging schemes
24
The regulations may—
a
require any such scheme as is mentioned in paragraph 9F3, 9A or 10 to be so framed that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover such expenditure (whether or not incurred by the regulator or other person to whom they are so payable) as is specified;
b
authorise any such scheme to make different provision for different cases (and specify particular kinds of such cases).
Offences
25
1
The regulations may provide for any such offence as is mentioned in paragraph 17 to be triable—
a
only summarily; or
b
either summarily or on indictment.
2
The regulations may provide for such an offence to be punishable—
a
on summary conviction by—
i
ii
or both; or
b
on conviction on indictment by—
i
imprisonment for a term not exceeding such period as is specified (which may not exceed five years), or
ii
a fine,
or both.
Interpretation
26
In this Schedule—
“functions” includes powers and duties;
“the regulations” means regulations under section 2;
“specified” means specified in regulations under that section.
SCHEDULE 2 Consequential and minor amendments
Prevention of Oil Pollution Act 1971 (c.60)
I11
In section 11A(1) of the Prevention of Oil Pollution Act 1971 (provisions of Act not to apply to escapes etc. authorised by Part I of the Environmental Protection Act 1990)—
a
for “(2A), 3(1) and 11(1)” substitute “
3(1)
”
; and
b
at the end insert “
or a permit granted under regulations under section 2 of the Pollution Prevention and Control Act 1999.
”
Public Health (Control of Disease) Act 1984 (c.22)
I22
In section 7(4) of the Public Health (Control of Disease) Act 1984 (enactments conferring functions assignable to the London port health authority), after paragraph (m) insert—
n
regulations under section 2 of the Pollution Prevention and Control Act 1999.
Environmental Protection Act 1990 (c.43)
I33
The Environmental Protection Act 1990 has effect subject to the following amendments.
I44
In section 8(7) (expenditure to be covered by charging schemes under the section is that of local enforcing authorities in exercising their functions under Part I of the Act), at the end insert “
together with the expenditure incurred by the Environment Agency in exercising, in relation to authorisations granted by local enforcing authorities or the prescribed processes to which such authorisations relate, such of its functions as are specified in the scheme.
”
I55
I66
In section 79(10) (restrictions on taking proceedings for statutory nuisance where proceedings possible under Part I of the Act), after “Part I” insert “
or under regulations under section 2 of the Pollution Prevention and Control Act 1999.
”
Water Industry Act 1991 (c.56)
I77
In paragraph (a) of each of subsections (3) and (4) of section 206 of the Water Industry Act 1991 (exceptions from restrictions on disclosure of information), for “or the M4Environment Act 1995” substitute “
, the Environment Act 1995 or regulations under section 2 of the Pollution Prevention and Control Act 1999
”
.
Water Resources Act 1991 (c.57)
I88
In paragraph (a) of each of subsections (2) and (3) of section 204 of the Water Resources Act 1991 (exceptions from restrictions on disclosure of information), for “or the 1995 Act” substitute “
, the 1995 Act or regulations under section 2 of the Pollution Prevention and Control Act 1999
”
.
Clean Air Act 1993 (c.11)
I99
The Clean Air Act 1993 has effect subject to the following amendments.
I1010
In section 33(1) (cable burning), after “a process subject to Part I of the Environmental Protection Act 1990” insert “
or an activity subject to regulations under section 2 of the Pollution Prevention and Control Act 1999
”
.
I1111
In section 35(3) (limit on investigations into emissions from certain processes), after “any process subject to Part I of the Environmental Protection Act 1990” insert “
or activity subject to regulations under section 2 of the Pollution Prevention and Control Act 1999
”
.
Railways Act 1993 (c.43)
I1212
In section 4(9) of the Railways Act 1993 (interpretation), for the definition of “environment” substitute—
“the environment” means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground);
Merchant Shipping Act 1995 (c.21)
I13I2013
After section 136 of the Merchant Shipping Act 1995 (oil pollution) insert—
136A Discharges etc. authorised under other enactments.
The provisions of sections 131(1) and 136(1) shall not apply to any discharge which is made under, and the provisions of section 136(1) shall not apply to any escape which is authorised by, an authorisation granted under Part I of the M5Environmental Protection Act 1990 or a permit granted under regulations under section 2 of the Pollution Prevention and Control Act 1999.
Environment Act 1995 (c.25)
I1414
The Environment Act 1995 has effect subject to the following amendments.
I15I2115
In section 5(5) (pollution control powers and functions), after paragraph (h) insert—
i
regulations under section 2 of the Pollution Prevention and Control Act 1999;
I1616
In section 33(5) (pollution control powers and functions in Scotland), before the word “and” at the end of paragraph (g) insert—
ga
regulations under section 2 of the Pollution Prevention and Control Act 1999;
I1717
In section 56(1) (interpretation of Part I), for the definition of “the environment” substitute—
“the environment” means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground);
I1818
1
Section 113(5) (disclosure of information: interpretation) is amended as follows.
2
For the definition of “the environment” substitute—
“the environment” means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground);
3
In the definition of “local enforcing authority”, at the end of paragraph (b) insert “
or
”
.
Finance Act 1996 (c.8)
F8I1919
In section 66 of the Finance Act 1996 (landfill tax: definition of landfill site), after paragraph (b) insert—
ba
a permit under regulations under section 2 of the Pollution Prevention and Control Act 1999 is in force in relation to the land and authorises deposits or disposals in or on the land,
Government of Wales Act 1998 (c.38)
F620
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E1I22I23 SCHEDULE 3Repeals
Sch. 3 in force at 1.4.2015 for specified purposes for S. by S.S.I. 2015/74, art. 2(2) (as amended (31.3.2015) by S.S.I. 2015/139, arts. 1(2), 2)
Sch. 3 in force at 1.4.2015 for specified purposes by S.S.I. 2015/139, art. 3
For extent of repeals see s. 7(7).
Words in Sch. 3 repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para. 36; S.S.I. 2014/160, art. 2(1)(2), Sch.
Chapter | Short title | Extent of repeal |
|---|---|---|
1971 c. 60. | Prevention of Oil Pollution Act 1971. | In section 11A(1), the words “an authorisation granted under Part I of the Environmental Protection Act 1990 or”. |
1984 c. 22. | Public Health (Control of Disease) Act 1984. | Section 7(4)(l). |
1990 c. 43. | Environmental Protection Act 1990. | Sections 1 to 28. F11... Schedule 1. |
1991 c. 56. | Water Industry Act 1991. | Section 138(2) to (4). In section 206(3)(a), “I or”. In section 206(4)(a), “I or”. |
1991 c. 57. | Water Resources Act 1991. | Section 88(1)(b). In section 204(2)(a), “I or”. In section 204(3)(a), “I or”. |
1991 c. 60. | Water Consolidation (Consequential Provisions) Act 1991. | In Schedule 1, paragraph 56. |
1993 c. 11. | Clean Air Act 1993. | In section 33(1), the words “a process subject to Part I of the Environmental Protection Act 1990 or”. In section 35(3), the words “process subject to Part I of the Environmental Protection Act 1990 or”. Section 36(3). Section 41. |
1993 c. 12. | Radioactive Substances Act 1993. | In Schedule 4, paragraph 6. |
1994 c. 19. | Local Government (Wales) Act 1994. | In Schedule 9, paragraph 17(1). |
1995 c. 21. | Merchant Shipping Act 1995. | In section 136A, the words “an authorisation granted under Part I of the Environmental Protection Act 1990 or”. |
1995 c. 25. | Environment Act 1995. | In section 5(5)(e), “I,”. In section 33(5)(e), “I,”. In section 56(1), paragraph (b) of the definition of “environmental licence” in relation to the Environment Agency and paragraph (c) of the definition of “environmental licence” in relation to the Scottish Environment Protection Agency. In section 108(15)— paragraph (a) of the definition of “local enforcing authority”, in paragraph (g) of the definition of “pollution control functions” in relation to the Environment Agency or the Scottish Environment Protection Agency, “I,”, and in paragraph (a) of the definition of “pollution control functions” in relation to a local enforcing authority, “I or”. Section 111(6). In section 113(5), in the definition of “local enforcing authority”, paragraph (d) and the “or” preceding it. In section 114(2)(a)(iii), “15, 22(5),”. In Schedule 20, in paragraph 4(3)(b), “22(5),”. In Schedule 22, paragraphs 45 to 61. |
1996 c. 8. | Finance Act 1996. | Section 43A(4)(b) to (d). |
1998 c. 38. | Government of Wales Act 1998. | In Schedule 3, paragraph 6(3)(a). |
Sch. 1 para. 21A and preceding cross-heading inserted (13.11.2003) by Waste and Emissions Trading Act 2003 (c. 33), ss. 38, 40