Part 3

Environmental regulation

Environmental regulation: procedure
62
1
The power to make regulations under section 61 is to be exercised by statutory instrument.
2
A statutory instrument containing regulations made by the Secretary of State under section 61 is subject to annulment in pursuance of a resolution of either House of Parliament, subject as follows.
3
A statutory instrument containing regulations made by the Welsh Ministers under section 61 is subject to annulment in pursuance of a resolution of the National Assembly for Wales, subject as follows.
4
A statutory instrument containing any of the following regulations (whether alone or with other regulations) is subject to the affirmative resolution procedure—
a
the first regulations to be made by the Secretary of State under section 61;
b
the first regulations to be made by the Welsh Ministers under section 61;
c
regulations under section 61 which create an offence or increase a penalty for an existing offence;
d
regulations under section 61 which amend or repeal any provision of an Act, or an Act or Measure of the National Assembly for Wales.
5
A statutory instrument containing regulations made by the Secretary of State under both section 61 above and section 2 of the Pollution Prevention and Control Act 1999 is subject to the affirmative resolution procedure if an instrument containing only—
a
the regulations made by the Secretary of State under section 61 above, or
b
the regulations made by the Secretary of State under section 2 of the Pollution Prevention and Control Act 1999,
would be subject to the affirmative resolution procedure.
6
A statutory instrument containing regulations made by the Welsh Ministers under both section 61 above and section 2 of the Pollution Prevention and Control Act 1999 is subject to the affirmative resolution procedure if an instrument containing only—
a
the regulations made by the Welsh Ministers under section 61 above, or
b
the regulations made by the Welsh Ministers under section 2 of the Pollution Prevention and Control Act 1999,
would be subject to the affirmative resolution procedure.
7
A statutory instrument containing regulations made by the Secretary of State that is subject to the affirmative resolution procedure may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
8
A statutory instrument containing regulations made by the Welsh Ministers that is subject to the affirmative resolution procedure 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.
9
Subsections (11) and (12) apply in relation to a statutory instrument containing both—
a
regulations under section 61 made or to be made by the Secretary of State, and
b
regulations under section 61 made or to be made by the Welsh Ministers.
10
Subsections (11) and (12) also apply in relation to a statutory instrument containing—
a
regulations under section 61 made or to be made by the Secretary of State,
b
regulations under section 61 made or to be made by the Welsh Ministers, and
c
regulations made under section 2 of the Pollution Prevention and Control Act 1999 (whether by the Secretary of State or the Welsh Ministers or both).
11
If in accordance with subsection (2) or (3) (negative resolution procedure)—
a
either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing regulations made by the Secretary of State be annulled, or
b
the National Assembly for Wales resolves that an instrument containing regulations made by the Welsh Ministers be annulled,
nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.
12
If the statutory instrument contains any regulations which, on their own, would make the instrument subject to the affirmative resolution procedure, the instrument is subject to that procedure.
13
In section 2 of the Pollution Prevention and Control Act 1999, after subsection (9) there is inserted—
10
See section 62 of the Water Act 2014 for further provision about the procedure applying to statutory instruments containing both regulations made under this section and regulations made under section 61 of that Act.