Explanatory note

This Order brings into force on 20th April 2004 (“the commencement date”) all the provisions of sections 2 and 39 of the Waste and Emissions Trading Act 2003.

Section 2 of the Act enables the Secretary of State to make regulations specifying the amount by weight of biodegradable municipal waste allowed, in a scheme year that is not a target year, to be sent to landfills from England, Scotland, Wales and Northern Ireland.

Section 39 of the Act provides that, if incorporated in a participation agreement, the penalty provisions of the UK Greenhouse Gas Emissions Trading Scheme 2002 (as amended from time to time whether before or after the commencement date) shall have statutory effect between the parties to the agreement. This applies in relation to agreements entered into before, as well as those agreement entered into after, the commencement date.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.