The Environmental Protection Act 1990 (Extension of Section 140) Regulations 1999

Made15th February 1999

Laid before Parliament26th February 1999

Coming into force19th March 1999

The Secretary of State for the Environment, Transport and the Regions, as respects England, the Secretary of State for Scotland, as respects Scotland, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred by section 156 of the Environmental Protection Act 19901, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and application1

1

These Regulations may be cited as the Environmental Protection Act 1990 (Extension of Section 140) Regulations 1999 and shall come into force on 19th March 1999.

2

These Regulations do not extend to Northern Ireland.

Extension of section 140 of the Environmental Protection Act 19902

Section 140 (power to prohibit or restrict the importation, use, supply or storage of injurious substances or articles) of the Environmental Protection Act 1990 shall have effect, for the purpose of enabling Her Majesty’s Government in the United Kingdom–

a

to give effect to the Community obligation imposed by Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)2 and to exercise any related right; and

b

to give effect to any obligation imposed, and exercise any related right under, PARCOM Decision 92/3 (Ministerial Meeting of the Oslo and Paris Commissions of 21–22 September 1992) on the phasing out of PCBs and hazardous PCB substitutes, being an international agreement to which the United Kingdom is for the time being a party3, as if–

i

at the end of paragraph (c) the word “and” were omitted; and

ii

after paragraph (d) there were inserted “(e) the holding,”.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Michael MeacherMinister of State,Department of the Environment, Transport and the Regions9th February 1999

SewelParliamentary Under Secretary of State, Scottish Office15th February 1999

Signed by authority of the Secretary of State for Wales

Jon Owen JonesParliamentary Under Secretary of State, Welsh Office10th February 1999

(This note is not part of the Regulations)

Regulation 2 of these Regulations extends section 140 of the Environmental Protection Act 1990 by enabling the Secretary of State to make regulations prohibiting or restricting the holding of specified substances or articles.

The modification is to enable the implementation of Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)4 and to give effect to the obligation imposed under PARCOM Decision 92/3 (Ministerial Meeting of the Oslo and Paris Commissions of 21–22 September 1992) on the phasing out of PCBs and hazardous PCB substitutes.