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

S.I. 2016/398 · Made 15 March 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 15th March 2016

Coming into force in accordance with article 1(1)

F1The Secretary of State and the Welsh Ministers make this Order in exercise of the powers conferred by 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. 63; 2020 c. 1, Sch. 5 para. 1(1)

Footnotes

f1

1999 c.24; paragraph 20(2)(c) of Schedule 1 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
  3. 3Revocation
  4. Signature
  5. Explanatory note

1Citation, commencement, extent and application

(F11)

This Order may be cited as the Pollution Prevention and Control (Designation of Waste Directive) (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

F1Directive 2008/98/EC of the European Parliament and of the Council on wastef1 is designated as a relevant directive for the purposes of paragraph 20(1)(b) of Schedule 1 to the Pollution Prevention and Control Act 1999.

3Revocation

F1Omit article 2(a) of the Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2015f1.

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 2008/98/EC of the European Parliament and of the Council on waste (OJ No L 312, 22.11.2008, p 3) as last amended by Commission Directive (EU) 2015/1127 (OJ No L 184, 11.07.15, p 13) 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 Directive 2008/98/EC.

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