This Order brings into force on the 3rd December 2004 all the provisions of section 3 of the Waste and Emissions Trading Act 2003 (“the Act”).

Part 1 of the Act provides, amongst other things, for the setting up of landfill allowances schemes in each country of the United Kingdom.

As part of setting up these schemes the Secretary of State has power under section 2 of the Act to make regulations specifying the amount by weight of biodegradable municipal waste allowed, in a scheme year that is not a target year, to be sent to landfills from England, Scotland, Wales and Northern Ireland. This power was exercised in the Landfill (Scheme Year and Maximum Landfill Amount) Regulations 2004 (S.I. 2004/1936).

Section 3 of the Act applies if for England, Scotland, Wales or Northern Ireland no amount has been specified under section 2 for a scheme year which is not a target year, and that scheme year is itself followed by a target year (section 3(1)). The maximum amount for the scheme year is then given by the formula set out in section 3(2). Paragraphs (3) to (5) of section 3 specify how this formula is to be applied.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.