Regulation 5 New Articles 2A, 2B and 2CX1

After Article 2 insert—

“Article 2A

Appropriate Authority

For the purposes of this Regulation, “appropriate authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Scotland—

(i)

the Scottish Ministers; or

(ii)

where the Scottish Ministers consent, the Secretary of State;

(c)

in relation to Northern Ireland—

(i)

DAERA; or

(ii)

where DAERA consents, the Secretary of State;

(d)

in relation to Wales—

(i)

the Welsh Ministers; or

(ii)

where the Welsh Ministers consent, the Secretary of State.

Article 2B

Competent Authority

For the purposes of this Regulation, “competent authority” means (except in Article 8)—

(a)

in relation to England, the Environment Agency;

(b)

in relation to Northern Ireland, DAERA;

(c)

in relation to Scotland, SEPA;

(d)

in relation to Wales, NRW.

Article 2C

References to Directive 2008/98/EC

1

For the purposes of this Regulation, “Directive 2008/98/EC” means Directive 2008/98/ECM1 as amended by—

(a)

Commission Regulation (EU) No 1357/2014 M2;

(b)

Commission Directive (EU) 2015/1127 M3; and

(c)

Council Regulation (EU) 2017/997 M4,

and read in accordance with paragraphs 2 and 3.

2

Article 5 of Directive 2008/98/EC is to be read as if paragraph 2 were omitted.

3

Article 6 of Directive 2008/98/EC is to be read as if—

(a)

paragraphs 1 to 3 were omitted;

(b)

in paragraph 4—

(i)

in the first sentence, for the words from the beginning to “Member States” there were substituted “ Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 applies, the competent authority within the meaning given by Article 2B of Regulation (EU) 2019/1021 ”;

(ii)

the second sentence were omitted.”.