The Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010

The Secretary of State makes the following Regulations in exercise of the powers conferred by—

section 62 of the Regulatory Enforcement and Sanctions Act 2008 M1;

sections 92 and 219(2) of the Water Resources Act 1991 M2;

sections 93, 94 and 95 of the Environment Act 1995 M3 (in accordance with section 93(2) of that Act the Secretary of State has consulted such bodies and persons appearing to be representative of bodies or persons whose interests are, or are likely to be substantially affected by these Regulations; the Secretary of State is satisfied, pursuant to section 93(3) of that Act, as to the matters specified in section 93(6) of that Act; and the Secretary of State exercises this power in the manner considered best calculated to secure that it does not have the effect of restricting, distorting or preventing competition in accordance with section 93(7) of that Act);

section 2(2) of the European Communities Act 1972 M4 (the Secretary of State is designated for the purposes of that Act in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste M5, measures relating to the prevention, reduction and elimination of pollution caused by waste M6 and in relation to the environment) M7.

In accordance with section 66 of the Regulatory Enforcement and Sanctions Act 2008 the Secretary of State is satisfied that the Environment Agency and Natural England will act in accordance with the principles referred to in section 5(2) of that Act in exercising the powers in these Regulations.

A draft of this instrument has been approved by a resolution of each House of Parliament pursuant to section 62 of the Regulatory Enforcement and Sanctions Act 2008 and section 93(10) of the Environment Act 1995.