The Environment Act 2021 (Commencement No. 6) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force provisions of the Environment Act 2021 (c. 30) (“the Act”). These are the sixth commencement regulations made by the Secretary of State under the Act.

Regulation 2 brings into force on 1st April 2023 specified sections of the Act.

Section 68 amends Part 4 of the Environmental Protection Act 1990 (c. 43) (“the 1990 Act”) in relation to enforcement against litter, and other offences of littering from a vehicle and the unauthorised distribution of free printed material, insofar as it relates to England.

Section 69(2) and (4) amend sections 33ZA and 34ZA of the 1990 Act to allow the minimum, maximum and default levels of fixed penalty notices under those sections, and the time period under which a lesser amount may be treated as payment of the fixed penalty, to be varied.

Regulation 3 brings into force on 1st November 2023 section 19 of the Act (policy statement on environmental principles: effect) insofar as it is not already in force. Section 19 sets out the legal duty on Ministers of the Crown in using the environmental principles policy statement. It also details the relevant exemptions to the duty to have due regard to the policy statement.

An impact assessment has not been published for these Regulations as they have no impact on cost to business, the public or voluntary sectors independent of the provisions these Regulations bring into force. A full impact assessment has been published in relation to the Act and copies can be obtained from the website of the Department for Environment, Food and Rural Affairs at www.gov.uk/defra or from the Department for Environment, Food and Rural Affairs at 2 Marsham Steet, London, SW1P 4DF, United Kingdom.