Statutory Instruments
Environmental Protection
Made
27th June 2018
Coming into force
1st October 2018
The Schedule to the following Regulations sets out provisions containing (i) criminal offences created by statutory instruments made in exercise of powers conferred by specified enactments (as defined in section 62(4) of the Regulatory Enforcement and Sanctions Act 2008(1)) (the “RESA offences”) and (ii) criminal offences created in exercise of powers conferred by section 2(2) of the European Communities Act 1972(2) (the “ECA offences”).
The Secretary of State is a relevant enforcement authority (as defined in section 62(5) of the Regulatory Enforcement and Sanctions Act 2008) in relation to the RESA offences.
In accordance with section 66 of the Regulatory Enforcement and Sanctions Act 2008, the Secretary of State as both the relevant authority and the relevant enforcement authority will act in accordance with the principles referred to in section 5(2) of that Act in exercising the powers conferred by these Regulations.
The Secretary of State makes these Regulations in exercise of the powers conferred by article 2 of the Merchant Shipping (Oil Pollution Preparedness, Response and Cooperation Convention) Order 1997(3), sections 2(1) and (3), 3(1) and (3), and 7(9) of, and paragraph 17 of Schedule 1 to, the Pollution Prevention and Control Act 1999(4) and section 62(2) of the Regulatory Enforcement and Sanctions Act 2008 in relation to the RESA offences.
The Secretary of State, being a Minister designated(5) for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment, makes these Regulations in exercise of the powers conferred by that provision in relation to the ECA offences.
Before making these Regulations, the Secretary of State consulted the persons required to be consulted by sections 2(4) and 3(4) of the Pollution Prevention and Control Act 1999.
In accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 1972, sections 2(8) and 3(6) of the Pollution Prevention and Control Act 1999 and section 62(3) of the Regulatory Enforcement and Sanctions Act 2008, a draft of this instrument has been approved by a resolution of each House of Parliament.
2008 c.13. Section 62(4) defines “specified enactments” as any enactment specified in Schedule 7 to the Act. Schedule 7 contains the Merchant Shipping (Oil Pollution Preparedness, Response and Cooperation Convention) Order 1997 (SI 1997/2567), article 2 and the Pollution Prevention and Control Act 1999 c.24, sections 2 and 3.
1972 c.68. Section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46), section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of Schedule 1 to the European Union (Amendment) Act 2008 (c.7). Paragraph 2(2) of Schedule 2 was amended by section 27(2) of the Legislative and Regulatory Reform Act 2006.
See article 2(a) of S.I. 2008/301.