The Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013 in Scotland
S.I. 2013/141 · Made 24 January 2013 · Extends to United Kingdom
Environmental Protection
Made 24th January 2013
Laid before Parliament 30th January 2013
Coming into force 31st March 2013
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1. The Secretary of State is a Minister designated M2 for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment.
Annotations to the whole text
Marginal citations
- M1
1972 c. 68. Section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).
- M2
Contents
- 1Citation, commencement and extent
- 2Interpretation
- 3Amendment of the Waste and Emissions Trading Act 2003
- 7Revocations
- 8Savings
- Signature
- Explanatory note
1Citation, commencement and extent
These Regulations—
may be cited as the Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013; and
come into force on 31st March 2013.
Regulations 4 to 6 extend to England and Wales only.
Any amendment, repeal or revocation made by these Regulations has the same extent as the enactment to which it relates.
2Interpretation
In these Regulations—
“biodegradable local authority collected municipal waste” has the meaning given in section 21(2)(b) M1 of the Waste and Emissions Trading Act 2003;
“landfill” has the meaning given in section 22 of the Waste and Emissions Trading Act 2003; and
“waste disposal authority” has the same meaning as in Part 2 of the Environmental Protection Act 1990 M2.
3Amendment of the Waste and Emissions Trading Act 2003
Chapter 1 of Part 1 of the Waste and Emissions Trading Act 2003 is amended as follows.
In the italic heading before section 4, after “Landfill allowances scheme” insert “ (Scotland, Wales and Northern Ireland) ”.
In section 4(1) M1 (allocation of landfill allowances), for “Each allocating authority must” substitute “ For Scotland, Wales and Northern Ireland each allocating authority must ”.
In section 24(1) (definition of allocating authority) omit paragraph (a).
7Revocations
The instruments in the following table are revoked to the extent specified.
| Instruments | References | Extent of revocation |
|---|---|---|
| The Landfill Allowances and Trading Scheme (England) Regulations 2004 | S.I. 2004/3212 | The whole of the Regulations. |
| The Landfill Allowances and Trading Scheme (England) (Amendment) Regulations 2005 | S.I. 2005/880 | The whole of the Regulations. |
| The List of Wastes (England) Regulations 2005 | S.I. 2005/895 | Paragraphs 5 to 8 of Schedule 2. |
| The Joint Municipal Waste Management Strategies (Disapplication of Duties) (England) Regulations 2007 | S.I. 2007/63 | Regulation 2(b)(ii). |
| The Joint Waste Authorities (Proposals) Regulations 2009 | S.I. 2009/105 | Paragraph 8 of Schedule 2. |
| The Waste (England and Wales) Regulations 2011 | S.I. 2011/988 | Paragraph 18 of Schedule 4. |
| The Waste and Emissions Trading Act 2003 (Amendment) Regulations 2011 | S.I. 2011/2499 | Part 3. |
8Savings
Nothing in these Regulations affects the operation of the Waste and Emissions Trading Act 2003 and the Landfill Allowances and Trading Scheme (England) Regulations 2004 in relation to—
the 2012/2013 scheme year; or
the reconciliation, following the end of the 2012/2013 scheme year, of the allowances available to waste disposal authorities with the amount of biodegradable local authority collected municipal waste sent to landfills by the waste disposal authority.
In this regulation “scheme year” has the meaning given in section 23(1) M1 of the Waste and Emissions Trading Act 2003.
Signature
de Mauley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Explanatory note
(This note is not part of the Regulations)
These Regulations amend Chapter 1 of Part 1 of the Waste and Emissions Trading Act 2003 (c. 33) (“the 2003 Act”) as regards the Secretary of State's functions in England and revoke the Landfill Allowances and Trading Scheme (England) Regulations 2004 (S.I. 2004/3212). This brings the landfill allowances trading scheme to an end in England. Regulations 3, 7 and 8 provide for these amendments with revocations and savings provisions in respect of the period for reconciling landfill allowances in relation to the 2012/13 scheme year.
Regulation 4 sets out obligations for waste disposal authorities in England to keep records and make returns to the Environment Agency in respect of local authority collected municipal waste for the purpose of implementing Article 11(2) of Council Directive 2008/98/EC on waste (OJ No L 312, 22.11.2008, p 3) and these records may also be used for the purpose of implementing Article 5(1) and (2) of Council Directive 1999/31/EC on the landfill of waste (OJ No L 182, 16.7.1999, p 1). Regulation 5 makes provision for penalties associated with those obligations and regulation 6 imposes monitoring duties on the Environment Agency.
An impact assessment of the effect that this instrument will have on the costs of business and the public sector is published at www.legislation.gov.uk alongside the Explanatory Memorandum and this instrument.