Environment Act 2021

Environmental protection: statements and reports U.K.

20 Statements about Bills containing new environmental law U.K.

(1) This section applies where a Minister of the Crown in charge of a Bill in either House of Parliament is of the view that the Bill as introduced into that House contains provision which, if enacted, would be environmental law.

(2) The Minister must, before Second Reading of the Bill in the House in question, make—

(a) a statement to the effect that in the Minister’s view the Bill contains provision which, if enacted, would be environmental law, and

(b) a statement under subsection (3) or (4).

(3) A statement under this subsection is a statement to the effect that in the Minister’s view the Bill will not have the effect of reducing the level of environmental protection provided for by any existing environmental law.

(4) A statement under this subsection is a statement to the effect that—

(a) the Minister is unable to make a statement under subsection (3), but

(b) Her Majesty’s Government nevertheless wishes the House to proceed with the Bill.

(5) In making a statement under this section the Minister may in particular take into account the possibility that a Bill, by making provision that is different from existing environmental law, might provide for the same or a greater level of environmental protection.

(6) For the purposes of this section—

(a) references to environmental protection provided for by any existing environmental law includes any protection which could be provided for under powers conferred by the existing environmental law, and

(b) in considering the effect of a Bill, any powers conferred by the Bill to provide for any environmental protection may be taken into account.

(7) A statement under this section must be in writing and be published in such manner as the Minister considers appropriate.

(8) “Existing environmental law”, in relation to a statement under this section, means environmental law existing at the time that the Bill to which the statement relates is introduced into the House in question, whether or not the environmental law is in force.

Commencement Information

I1 S. 20 not in force at Royal Assent, see s. 147(3)

I2 S. 20 in force at 10.5.2022 by S.I. 2022/518, regs. 1(2), 2(d)

21 Reports on international environmental protection legislation E+W

(1) The Secretary of State must report on developments in international environmental protection legislation which appear to the Secretary of State to be significant.

(2) “International environmental protection legislation” means legislation of countries and territories outside the United Kingdom, and international organisations, that is mainly concerned with environmental protection.

(3) The Secretary of State must report under this section in relation to each reporting period.

(4) The reporting periods are—

(a) the 2 year period beginning with the day on which this section comes into force, and

(b) each subsequent 2 year period.

(5) A report under this section may consider—

(a) particular countries, territories or international organisations, or

(b) particular aspects of environmental protection,

as the Secretary of State considers appropriate.

(6) A report under this section must be laid before Parliament, and published, as soon as reasonably practicable after the end of the reporting period to which it relates.

Commencement Information

I3 S. 21 not in force at Royal Assent, see s. 147(3)

I4 S. 21 in force at 1.4.2022 by S.I. 2022/48, reg. 3