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The Pollution Prevention and Control (Designation) (England and Wales) Order 2016

S.I. 2016/150 · Made 3 February 2016 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Environmental Protection, England And Wales

Made 3rd February 2016

Coming into force in accordance with article 1(1)

F1The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make this Order in exercise of the powers conferred by section 7(9)(a) of, and paragraph 20(2)(c) of Schedule 1 to, the Pollution Prevention and Control Act 1999f1.

Annotations to the whole text

Textual amendments

F1

Order revoked (E.) (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), reg. 1(1)(6), Sch. para. 62; 2020 c. 1, Sch. 5 para. 1(1)

Footnotes

f1

1999 c.24; paragraph 20(2)(c) was amended by S.I. 2011/1043. Functions of the Secretary of State under this paragraph, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales (except in relation to offshore oil and gas exploration and exploitation) by virtue of article 3 of the National Assembly for Wales (Transfer of Functions) Order 2005 (S.I. 2005/1958). Those functions were then transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32).

Contents

  1. 1Citation, commencement, extent and application
  2. 2Designation of Stage II Petrol Vapour Recovery Directive
  3. 3Revocation of existing designation
  4. Signature
  5. Explanatory note

1Citation, commencement, extent and application

(F11)

This Order may be cited as the Pollution Prevention and Control (Designation) (England and Wales) Order 2016 and comes into force on the day after the day on which it is made.

(2)

This Order extends to England and Wales.

(3)

This Order applies in relation to—

(a)

England and the sea adjacent to England out as far as the seaward boundary of the territorial sea; and

(b)

Wales, within the meaning given by section 158 of the Government of Wales Act 2006f1.

(4)

In paragraph (3)(a), the sea adjacent to England is so much of the sea adjacent to Great Britain as—

(a)

is not the sea adjacent to Scotland; and

(b)

does not form part of Wales.

(5)

In paragraph (4)(a), the sea adjacent to Scotland has the same meaning as the internal waters and territorial sea of the United Kingdom adjacent to Scotland has by virtue of section 126(2) of the Scotland Act 1998f2.

2Designation of Stage II Petrol Vapour Recovery Directive

F1Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stationsf1 is designated for the purposes of paragraph 20(1)(b) of Schedule 1 to the Pollution Prevention and Control Act 1999.

3Revocation of existing designation

F1In article 2 of the Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2013f1 omit paragraph (u) (designation of Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stationsf2).

Signature

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Carl Sargeant

Minister for Natural Resources

One of the Welsh Ministers

Explanatory note

(This note is not part of the Order)

This Order designates Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations (OJ No L 285, 31.10.2009, p. 36) for the purposes of paragraph 20(1)(b) of Schedule 1 to the Pollution Prevention and Control Act 1999 (c.24). This allows regulations to be made under that Act which make provision corresponding or similar to any provision made, or capable of being made, under section 2(2) of the European Communities Act 1972 (c.68) in connection with that Directive.

An impact assessment has not been produced for this instrument as no impact on the public, private or voluntary sectors is foreseen.