SCHEDULE 1CHARGES FOR CARRIER BAGS: CIVIL SANCTIONS
Civil sanctions
1
(1)
Carrier bag regulations may make provision about civil sanctions for breaches of the regulations.
(2)
For the purposes of this Schedule, a person breaches carrier bag regulations if, in such circumstances as may be specified, the person—
(a)
fails to comply with a requirement made by or under the regulations, or
(b)
obstructs or fails to assist an administrator.
(3)
In this Schedule, “civil sanction” means—
(a)
a fixed monetary penalty, or
(b)
a discretionary requirement.
Fixed monetary penalties
2
(1)
Carrier bag regulations may confer on an administrator the power by notice to impose a fixed monetary penalty on a person who breaches the regulations.
(2)
The regulations may only confer such a power in relation to a case where the administrator is satisfied on the balance of probabilities that the breach has occurred.
(3)
For the purposes of this Schedule, a “fixed monetary penalty” is a requirement to pay to an administrator a penalty of an amount specified in or determined in accordance with the regulations.
(4)
The regulations may not provide for the imposition of a fixed monetary penalty in excess of £5,000.
Fixed monetary penalties: procedure
3
(1)
Carrier bag regulations that make provision under paragraph 2 must secure that—
(a)
where an administrator proposes to impose a fixed monetary penalty on a person, the administrator must serve on that person a notice of what is proposed (a “notice of intent”) that complies with sub-paragraph (2),
(b)
the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a specified sum (which must be less than or equal to the amount of the penalty),
(c)
if the person does not so discharge liability—
(i)
the person may make written representations and objections to the administrator in relation to the proposed imposition of the fixed monetary penalty, and
(ii)
the administrator must at the end of the period for making representations and objections decide whether to impose the fixed monetary penalty,
(d)
where the administrator decides to impose the fixed monetary penalty, the notice imposing it (“the final notice”) complies with sub-paragraph (4), and
(e)
the person on whom a fixed monetary penalty is imposed may appeal against the decision to impose it.
(2)
To comply with this sub-paragraph, the notice of intent must include information as to—
(a)
the grounds for the proposal to impose the fixed monetary penalty,
(b)
the effect of payment of the sum referred to in sub-paragraph (1)(b),
(c)
the right to make representations and objections,
(d)
the circumstances in which the administrator may not impose the fixed monetary penalty,
(e)
the period within which liability to the fixed monetary penalty may be discharged, which may not exceed the period of 28 days beginning with the day on which the notice of intent was received, and
(f)
the period within which representations and objections may be made, which may not exceed the period of 28 days beginning with the day on which the notice of intent was received.
(3)
Provision pursuant to sub-paragraph (1)(c)(ii) must include provision for circumstances in which the administrator may not decide to impose a fixed monetary penalty.
(4)
To comply with this sub-paragraph the final notice referred to in sub-paragraph (1)(d) must include information as to—
(a)
the grounds for imposing the penalty,
(b)
how payment may be made,
(c)
the period within which payment must be made,
(d)
any early payment discounts or late payment penalties,
(e)
rights of appeal, and
(f)
the consequences of non-payment.
(5)
Provision pursuant to sub-paragraph (1)(e) must secure that the grounds on which a person may appeal against a decision of the administrator include the following—
(a)
that the decision was based on an error of fact;
(b)
that the decision was wrong in law;
(c)
that the decision was unreasonable.
Discretionary requirements
4
(1)
Carrier bag regulations may confer on an administrator the power by notice to impose one or more discretionary requirements on a person who breaches the regulations.
(2)
The regulations may only confer such a power in relation to a case where the administrator is satisfied on the balance of probabilities that the breach has occurred.
(3)
For the purposes of this Schedule, a “discretionary requirement” means—
(a)
a requirement to pay a monetary penalty to an administrator of such amount as the administrator may determine, or
(b)
a requirement to take such steps as an administrator may specify, within such period as the administrator may specify, to secure that the breach does not continue or recur.
(4)
In this Schedule—
“variable monetary penalty” (“cosb ariannol amrywiadwy”) means a requirement referred to in sub-paragraph (3)(a), and
“non-monetary discretionary requirement” (“gofyniad yn ôl disgresiwn nad yw'n un ariannol”) means a requirement referred to in sub-paragraph (3)(b).
(5)
Carrier bag regulations must, in relation to each kind of breach of the regulations for which a variable monetary penalty may be imposed—
(a)
specify the maximum penalty that may be imposed for a breach of that kind, or
(b)
provide for that maximum to be determined in accordance with the regulations.
(6)
The regulations may not permit discretionary requirements to be imposed on a person on more than one occasion in relation to the same act or omission.
Discretionary requirements: procedure
5
(1)
Carrier bag regulations that make provision under paragraph 4 must secure that—
(a)
where an administrator proposes to impose a discretionary requirement on a person, the administrator must serve on that person a notice of what is proposed (a “notice of intent”) that complies with sub-paragraph (2),
(b)
that person may make written representations and objections to the administrator in relation to the proposed imposition of the discretionary requirement,
(c)
after the end of the period for making such representations and objections, the administrator must decide whether to—
(i)
impose the discretionary requirement, with or without modifications, or
(ii)
impose any other discretionary requirement that the administrator has power to impose under paragraph 4,
(d)
where the administrator decides to impose a discretionary requirement, the notice imposing it (the “final notice”) complies with sub-paragraph (4), and
(e)
the person on whom a discretionary requirement is imposed may appeal against the decision to impose it.
(2)
To comply with this sub-paragraph, the notice of intent must include information as to—
(a)
the grounds for the proposal to impose the discretionary requirement,
(b)
the right to make representations and objections,
(c)
the circumstances in which the administrator may not impose the discretionary requirement,
(d)
the period within which representations and objections may be made, which may not be less than the period of 28 days beginning with the day on which the notice of intent is received.
(3)
Provision pursuant to sub-paragraph (1)(c) must include provision for circumstances in which the administrator may not decide to impose a fixed monetary penalty.
(4)
To comply with this sub-paragraph, the final notice referred to in sub-paragraph (1)(d) must include information as to—
(a)
the grounds for imposing the discretionary requirement,
(b)
where the discretionary requirement is a variable monetary penalty—
(i)
how payment may be made,
(ii)
the period within which payment must be made, and
(iii)
any early payment discounts or late payment penalties,
(c)
rights of appeal, and
(d)
the consequences of non-compliance.
(5)
Provision pursuant to sub-paragraph (1)(e) must secure that the grounds on which a person may appeal against a decision of the administrator include the following—
(a)
that the decision was based on an error of fact;
(b)
that the decision was wrong in law;
(c)
in the case of a variable monetary penalty, that the amount of the penalty is unreasonable;
(d)
in the case of a non-monetary discretionary requirement, that the nature of the requirement is unreasonable;
(e)
that the decision was unreasonable for any other reason.
Discretionary requirements: enforcement
6
(1)
If carrier bag regulations make provision under paragraph 4, they may confer on an administrator the power to require a person to pay a monetary penalty (a “non-compliance penalty”) to the administrator if the person fails to comply with a non-monetary discretionary requirement imposed on the person.
(2)
The regulations may—
(a)
specify the amount of the non-compliance penalty or provide for that amount to be determined in accordance with the regulations, or
(b)
provide for the amount to be determined by the administrator or in some other way.
(3)
If carrier bag regulations make provision within sub-paragraph (2)(b), they must, in relation to each kind of failure for which a non-compliance penalty may be imposed—
(a)
specify the maximum penalty that may be imposed for a failure of that kind, or
(b)
provide for that maximum to be determined in accordance with the regulations.
(4)
Carrier bag regulations that make provision under sub-paragraph (1) must secure that—
(a)
the non-compliance penalty is imposed by notice served by the administrator, and
(b)
the person on whom it is imposed may appeal against that notice.
(5)
Provision pursuant to paragraph (b) of sub-paragraph (4) must secure that the grounds on which a person may appeal against a notice referred to in that paragraph include the following—
(a)
that the decision to serve the notice was based on an error of fact;
(b)
that the decision was wrong in law;
(c)
that the decision was unfair or unreasonable for any reason (including, in a case where the amount of the non-compliance penalty was determined by the administrator, that the amount is unreasonable).
Combination of sanctions
7
(1)
Carrier bag regulations may not make provision under paragraphs 2 and 4 conferring powers on an administrator in relation to the same kind of breach of the regulations unless the following requirements are complied with.
(2)
The regulations must secure that the administrator may not serve a notice of intent referred to in paragraph 3(1)(a) on a person in relation to a breach where a discretionary requirement has been imposed on that person in relation to the same breach.
(3)
The regulations must secure that the administrator may not serve a notice of intent referred to in paragraph 5(1)(a) on a person in relation to a breach where—
(a)
a fixed monetary penalty has been imposed on that person in relation to the same breach, or
(b)
the person has discharged liability to a fixed monetary penalty in relation to that breach pursuant to paragraph 3(1)(b).
Monetary penalties
8
(1)
If carrier bag regulations confer power on an administrator to require a person to pay a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty, they may include provision—
(a)
for early payment discounts;
(b)
for the payment of interest or other financial penalties for late payment of the penalty, such interest or other financial penalties not in total to exceed the amount of that penalty;
(c)
for enforcement of the penalty.
(2)
Provision under sub-paragraph (1)(c) may include—
(a)
provision for the administrator to recover a penalty, and any interest or other financial penalty for late payment, as a civil debt;
(b)
provision for the penalty, and any interest or other financial penalty for late payment to be recoverable, on the order of a court, as if payable under a court order.
Costs recovery
9
(1)
If carrier bag regulations make provision under paragraph 4, they may confer on an administrator the power by notice to require a person on whom a discretionary requirement is imposed to pay the costs incurred by the administrator in relation to the imposition of the discretionary requirement up to the time of its imposition.
(2)
In sub-paragraph (1), the reference to costs includes (among other things)—
(a)
investigation costs;
(b)
administration costs;
(c)
costs of obtaining expert advice (including legal advice).
(3)
Carrier bag regulations that make provision under this paragraph must secure that, in any case where a notice requiring payment of costs is served—
(a)
the notice specifies the amount required to be paid;
(b)
the administrator may be required to provide a detailed breakdown of that amount;
(c)
the person required to pay costs is not liable to pay any costs shown by the person to have been unnecessarily incurred;
(d)
the person required to pay costs may appeal against—
(i)
the decision of the administrator to impose the requirement to pay costs;
(ii)
the decision of the administrator as to the amount of those costs.
(4)
Provision under this paragraph may include the provision referred to in paragraph 8(1)(b) and (c) and (2).
Appeals
10
(1)
Carrier bag regulations may not provide for the making of an appeal other than to—
(a)
the First-tier Tribunal, or
(b)
another tribunal created under an enactment.
(2)
In sub-paragraph (1)(b), “tribunal” does not include an ordinary court of law.
(3)
If the regulations make provision for an appeal in relation to the imposition of any requirement or the service of any notice, they may include—
(a)
provision suspending the requirement or notice pending determination of the appeal;
(b)
provision as to the powers of the tribunal to which the appeal is made;
(c)
provision as to how any sum payable in pursuance of a decision of that tribunal is to be recoverable.
(4)
The provision referred to in sub-paragraph (3)(b) includes provision conferring on the tribunal to which the appeal is made power—
(a)
to withdraw the requirement or notice;
(b)
to confirm the requirement or notice;
(c)
to take such steps as the administrator could take in relation to the act or omission giving rise to the requirement or notice;
(d)
to remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the administrator;
(e)
to award costs.
Publicity for imposition of civil sanctions
11
(1)
Carrier bag regulations may confer on an administrator the power to give a publicity notice to a person on whom a civil sanction has been imposed in accordance with the regulations.
(2)
A “publicity notice” is a notice requiring the person to publicise—
(a)
the fact that the civil sanction has been imposed, and
(b)
such other information as may be specified in the regulations,
in such manner as may be specified in the notice.
(3)
The regulations may provide for a publicity notice to—
(a)
specify the time for compliance with the notice, and
(b)
require the person to whom it is given to supply an administrator with evidence of compliance within such time as may be specified in the notice.
(4)
The regulations may provide that, if a person fails to comply with a publicity notice, an administrator may—
(a)
publicise the information required to be publicised by the notice, and
(b)
recover the costs of doing so from that person.
Persons liable to civil sanctions
12
(1)
Carrier bag regulations may make provision about the persons who are liable to civil sanctions under the regulations.
(2)
The provision that may be made by virtue of this paragraph includes provision for—
(a)
the officers of a body corporate to be so liable as well the body corporate itself, and
(b)
for the partners of a partnership to be liable as well as the partnership itself,
in such circumstances as may be specified.
Guidance about use of powers to impose civil sanctions and recover costs
13
(1)
Where carrier bag regulations confer power on an administrator to impose a civil sanction in relation to a breach of the regulations, they must secure that—
(a)
the administrator must publish guidance about the administrator's use of the civil sanction,
(b)
the guidance must contain the relevant information,
(c)
the administrator must revise the guidance where appropriate,
(d)
the administrator must consult such persons as the regulations may specify before publishing any guidance or revised guidance, and
(e)
the administrator must have regard to the guidance or revised guidance in exercising the administrator's functions.
(2)
In the case of guidance relating to a fixed monetary penalty, the relevant information referred to in sub-paragraph (1)(b) is information as to—
(a)
the circumstances in which the penalty is likely to be imposed,
(b)
the circumstances in which it may not be imposed,
(c)
the amount of the penalty,
(d)
how liability for the penalty may be discharged and the effect of discharge, and
(e)
rights to make representations and objections and rights of appeal.
(3)
In the case of guidance relating to a discretionary requirement, the relevant information referred to in sub-paragraph (1)(b) is information as to—
(a)
the circumstances in which the requirement is likely to be imposed,
(b)
the circumstances in which it may not be imposed,
(c)
in the case of a variable monetary penalty, the matters likely to be taken into account by the administrator in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance), and
(d)
rights to make representations and objections and rights of appeal.
(4)
If carrier bag regulations make provision under paragraph 9, they must secure that the administrator is required to publish guidance about how the administrator will exercise the power conferred by the provision.
Publication of enforcement action
14
(1)
Where carrier bag regulations confer power on an administrator to impose a civil sanction in relation to a breach of the regulations, they must secure that the administrator must from time to time publish reports specifying—
(a)
the cases in which the civil sanction has been imposed, and
(b)
where the civil sanction is a fixed monetary penalty, the cases in which liability to the penalty has been discharged pursuant to paragraph 3(1)(b).
(2)
In sub-paragraph (1)(a), the reference to cases in which the civil sanction has been imposed do not include cases where the sanction has been imposed but overturned on appeal.
(3)
The regulations need not secure the result in sub-paragraph (1) in cases where the Welsh Ministers consider that it would be inappropriate to do so.
Compliance with regulatory principles
15
Carrier bag regulations may not confer power on an administrator to impose a civil sanction in relation to a breach of the regulations unless the Welsh Ministers are satisfied that the administrator will act in accordance with the principles that—
(a)
regulatory activities should be carried out in a way that is transparent, accountable, proportionate and consistent;
(b)
regulatory activities should be targeted only at cases in which action is needed.
Review
16
(1)
The Welsh Ministers must review the operation of any provision of carrier bag regulations conferring power on an administrator to impose a civil sanction in relation to a breach of the regulations.
(2)
The first review must take place as soon as practicable after 1 October 2017; and each subsequent review must take place as soon as practicable after the end of the period of three years beginning with the date on which the previous review took place.
(3)
A review under this paragraph must in particular consider whether the provision has implemented its objectives efficiently and effectively.
(4)
In conducting a review under this paragraph, the Welsh Ministers must consult such persons as they consider appropriate.
(5)
The Welsh Ministers must—
(a)
publish the results of a review under this paragraph, and
(b)
lay a copy of the review before the National Assembly for Wales.
Suspension
17
(1)
Where carrier bag regulations confer power on an administrator to impose a civil sanction in relation to a breach of the regulations, the Welsh Ministers may direct the administrator—
(a)
where the power is power to impose a fixed monetary penalty, not to serve any further notice of intent referred to in paragraph 3(1)(a) in relation to a breach of that kind, and
(b)
where the power is power to impose a discretionary requirement, not to serve any further notice of intent referred to in paragraph 5(1)(a) in relation to a breach of that kind.
(2)
The Welsh Ministers may only give a direction under sub-paragraph (1) in relation to a breach of carrier bag regulations if they are satisfied that the administrator has failed on more than one occasion—
(a)
to comply with any duty imposed on it under or by virtue of this Schedule in relation to a breach of that kind,
(b)
to act in accordance with the guidance it has published in relation to a breach of that kind (in particular, the guidance published under paragraph 13), or
(c)
to act in accordance with the principles referred to in paragraph 15 or with other principles of best practice in relation to the enforcement of a breach of that kind.
(3)
The Welsh Ministers may by direction revoke a direction given by them under sub-paragraph (1) if they are satisfied that the administrator has taken the appropriate steps to remedy the failure to which that direction related.
(4)
Before giving a direction under sub-paragraph (1) or (3), the Welsh Ministers must consult—
(a)
the administrator, and
(b)
such other persons as they consider appropriate.
(5)
Where the Welsh Ministers give a direction under this paragraph, they must lay a copy of the direction before the National Assembly for Wales.
(6)
The administrator must take steps to bring a direction under this paragraph to the attention of other persons likely to be affected by it; and must do so in such manner (if any) as the Welsh Ministers may require.
Payment of penalties into Welsh Consolidated Fund
18
Where pursuant to any provision made under this Schedule an administrator receives—
(a)
a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty,
(b)
any interest or other financial penalty for late payment of such a penalty, or
(c)
a sum paid in discharge of liability to a fixed monetary penalty pursuant to paragraph 3(1)(b),
the administrator must pay it into the Welsh Consolidated Fund.
Index of defined terms
19
In this Schedule, the following expressions are defined or otherwise explained in the provisions indicated—
“breach” (“torri” a “toriad”) (in relation to carrier bag regulations): paragraph 1(2);
“civil sanction” (“sancsiwn sifil”): paragraph 1(3);
“discretionary requirement” (“gofyniad yn ôl disgresiwn”): paragraph 4(3);
“fixed monetary penalty” (“cosb ariannol benodedig”): paragraph 2(3);
“non-compliance penalty” (“cosb am beidio â chydymffurfio”): paragraph 6(1);
“non-monetary discretionary requirement” (“gofyniad yn ôl disgresiwn nad yw'n un ariannol”): paragraph 4(4) and (3)(b);
“notice of intent” (“hysbysiad o fwriad”) (in relation to a proposed discretionary requirement): paragraph 5(1)(a);
“notice of intent” (“hysbysiad o fwriad”) (in relation to a proposed fixed monetary penalty): paragraph 3(1)(a);
“publicity notice” (“hysbysiad cyhoeddusrwydd”): paragraph 11(2);
“variable monetary penalty” (“cosb ariannol amrywiadwy”): paragraph 4(4) and (3)(a).
SCHEDULE 2MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS
PART 1SUSTAINABLE MANAGEMENT OF NATURAL RESOURCES
National Parks and Access to the Countryside Act 1949 (c. 97)
1
(1)
The National Parks and Access to the Countryside Act 1949 is amended as follows.
(2)
In section 15A(2)—
(a)
in paragraph (a)—
(i)
after “Act” insert “
or section 16 of the 2016 Act
”
;
(ii)
omit the “and” at the end;
(b)
“(c)
“the 2016 Act” means the Environment (Wales) Act 2016.”
(3)
In section 16—
(a)
in subsection (1)—
(i)
for “The Natural Resources Body for Wales” the first time it appears substitute “
A Welsh local authority
”
;
(ii)
for “Natural Resources Body for Wales” the second time it appears substitute “
Welsh local authority
”
;
(b)
“(1A)
The power of a Welsh local authority in subsection (1)—
(a)
is also exercisable where it appears to the authority that it is expedient in the interests of the locality that land should be managed as a nature reserve;
(b)
is exercisable only in relation to land in the authority's area that is not held by, or managed in accordance with an agreement entered into with, the Natural Resources Body for Wales.”;
(c)
in subsection (3), in paragraphs (b) and (c), for “the Natural Resources Body for Wales” substitute “
a Welsh local authority
”
;
(d)
in subsection (4), for “the Natural Resources Body for Wales” substitute “
a Welsh local authority
”
;
(e)
“(6)
In this section a “Welsh local authority” means—
(a)
the council of a county or county borough in Wales, and
(b)
a National Park authority for a National Park in Wales.”
(4)
In section 21(4)—
(a)
omit “, the Natural Resources Body for Wales”;
(b)
for “references in subsection (1) of sections sixteen and seventeen respectively of this Act to the national interest were references” substitute “
reference in subsection (1) of section 17 of this Act to the national interest were a reference
”
.
Countryside Act 1968 (c. 41)
2
(1)
The Countryside Act 1968 is amended as follows.
(2)
Omit section 4.
(3)
Omit section 15.
(4)
In section 15A(6)(b), for “such agreement as is referred to in section 15(2)” substitute “
an agreement under section 16 of the Environment (Wales) Act 2016 imposing, for the purpose of conserving flora, fauna, or geographical or physiographical features of special interest, restrictions on the exercise of rights over land by persons having an interest in the land
”
.
(5)
In section 41(2)(b)—
(a)
in sub-paragraph (i), for “section 4” substitute “
an experimental scheme under article 10C of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903), where the scheme is designed to facilitate the enjoyment of the countryside, or to conserve or enhance its natural beauty or amenity
”
;
(b)
in sub-paragraph (ii), for “section 4(5)(b)” substitute “
section 16 of the Environment (Wales) Act 2016 that is designed to facilitate the enjoyment of the countryside, or to conserve or enhance its natural beauty or amenity
”
.
(6)
In section 45(1), omit “the NRBW or”.
(7)
In section 47(3), omit “section 4(5)(b) or”.
Wildlife and Countryside Act 1981 (c. 69)
3
(1)
The Wildlife and Countryside Act 1981 is amended as follows.
(2)
In section 28E(3)(b) for “, section 15 of the 1968 Act or section 7 of the Natural Environment and Rural Communities Act 2006” substitute “
, section 7 of the Natural Environment and Rural Communities Act 2006 or section 16 of the Environment (Wales) Act 2016
”
.
(3)
In section 28J, omit subsection (13).
(4)
“(2A)
Subsection (2) has effect in relation to Wales as if the reference to an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act were a reference to an agreement under section 16 of the Environment (Wales) Act 2016.”
(5)
In section 39(5), omit paragraph (e).
(6)
Omit section 40.
(7)
In section 41(5)—
(a)
in the definition of “management agreement”, in paragraph (b), after “39” insert “
or under section 16 of the Environment (Wales) Act 2016
”
;
(b)
in the definition of “the relevant authority”, after “Natural England” insert “
and in relation to Wales it also includes the Natural Resources Body for Wales
”
.
(8)
In section 50(1)(a), omit “or an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act”.
(9)
In section 51(1)—
(a)
in paragraph (c), omit “or an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act”;
(b)
in paragraph (h), omit “or an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act”.
Road Traffic Regulation Act 1984 (c. 27)
4
In section 22(1)(a) of the Road Traffic Regulation Act 1984—
(a)
in sub-paragraph (iv), for “or the Natural Resources Body for Wales are conducting a scheme under section 4 of the 1968 Act” substitute “
, or in which the Natural Resources Body for Wales is conducting a scheme under article 10C of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) that is designed to facilitate the enjoyment of the countryside or to conserve or enhance its natural beauty or amenity
”
;
(b)
in sub-paragraph (v), omit “or an agreement under section 15 of the 1968 Act”.
Water Industry Act 1991 (c. 56)
5
In section 156(8) of the Water Industry Act 1991, in the definition of “management agreement”, in paragraph (b), after “1981” insert “
or section 16 of the Environment (Wales) Act 2016
”
.
Environment Act 1995 (c. 25)
6
(1)
The Environment Act 1995 is amended as follows.
(2)
In section 9(5)(b)(ii), omit “, 5E”.
(3)
“(7A)
A National Park authority for a park in Wales which is proposing to publish, adopt or review any plan under this section must have regard to—
(a)
the state of natural resources report published under section 8 of the Environment (Wales) Act 2016, and
(b)
any area statement published under section 11 of that Act for an area that includes all or part of the park.”
Countryside and Rights of Way Act 2000 (c. 37)
7
“(1A)
In the case of an area of outstanding natural beauty in Wales, a conservation board or relevant local authority which is proposing to publish, adopt or review any plan under section 89 must have regard to—
(a)
the state of natural resources report published under section 8 of the Environment (Wales) Act 2016, and
(b)
any area statement published under section 11 of that Act for an area that includes all or part of the area of outstanding natural beauty.”
Planning and Compulsory Purchase Act 2004 (c. 5)
8
(1)
The Planning and Compulsory Purchase Act 2004 is amended as follows.
(2)
“(za)
the national natural resources policy published under section 9 of the Environment (Wales) Act 2016,”.
(3)
“(bb)
any area statement published under section 11 of the Environment (Wales) Act 2016 for an area that includes all or part of the area of the authority;”.
(4)
In this paragraph, “the 2015 Act” means the Planning (Wales) Act 2015 (anaw 4).
Natural Environment and Rural Communities Act 2006 (c. 16)
9
(1)
The Natural Environment and Rural Communities Act 2006 is amended as follows.
(2)
In section 40—
(a)
“A1
This section applies where—
(a)
Her Majesty's Revenue and Customs are exercising their functions;
(b)
any other public authority is exercising its functions in relation to England.”
(b)
in subsection (1), for “Every” substitute “
The
”
;
(c)
in subsection (2) for “, government department or the National Assembly for Wales” substitute “
or government department
”
;
(d)
in subsection (4)—
(i)
omit paragraph (b);
(ii)
in paragraph (c), for “, a local planning authority and a strategic planning panel” substitute “
and a local planning authority
”
;
(e)
in subsection (5), in the definition of “local authority”—
(i)
in paragraph (a), for “in relation to England, a county council” substitute “
a county council in England
”
;
(ii)
omit paragraph (b);
(f)
in that subsection, omit the definition of “strategic planning panel”.
(3)
Omit section 42.
(4)
In Schedule 11, omit the following—
(a)
paragraphs 6 to 8;
(b)
paragraph 14(4);
(c)
paragraphs 41 and 42;
(d)
in paragraph 43—
(i)
sub-paragraphs (2) and (3);
(ii)
in sub-paragraph (4), paragraphs (a), (b) and (c)(i);
(iii)
sub-paragraph (5);
(iv)
sub-paragraph (7);
(e)
paragraph 44;
(f)
paragraph 50;
(g)
paragraph 55(2);
(h)
paragraph 57;
(i)
paragraph 59;
(j)
paragraph 80;
(k)
paragraphs 117 to 121;
(l)
paragraph 123;
(m)
paragraph 126;
(n)
paragraph 141(2)(b).
Well-being of Future Generations (Wales) Act 2015 (anaw 2)
10
(1)
The Well-being of Future Generations (Wales) Act 2015 is amended as follows.
(2)
In section 11(3), for the words after “means” substitute “
the goals set out in “Transforming our world: the 2030 Agenda for Sustainable Development”, adopted by the General Assembly of the United Nations by resolution A/Res/70/1 of 25 September 2015
”
.
(3)
“(ga)
each area statement under section 11 of the Environment (Wales) Act 2016 (if any) which relates to any part of the local authority's area;”.
Planning (Wales) Act 2015 (anaw 4)
11
In Schedule 2 to the Planning (Wales) Act 2015, omit paragraph 28.
PART 2CHARGES FOR CARRIER BAGS
Climate Change Act 2008 (c. 27)
12
(1)
The Climate Change Act 2008 is amended as follows.
(2)
In section 77, omit the following—
(a)
subsection (3)(b);
(b)
subsection (4)(aa).
(3)
In section 98, omit the entries for “children”, “nuisance”, “pollution” and “young people”.
(4)
In Schedule 6—
(a)
omit paragraphs 4A and 4B;
(b)
omit paragraph 7(3A);
(c)
omit paragraph 8(2A);
(d)
omit paragraph 24(6)(b);
(e)
omit paragraph 25(5)(b);
(f)
omit paragraph 26(2)(a);
(g)
omit paragraph 27(5);
(h)
in the italic cross-heading before paragraph 28, for “two or more” substitute “
both
”
;
(i)
in paragraph 28(1)—
(i)
omit “any two or more of”;
(ii)
omit paragraph (b) (but not the following “and”).
Waste (Wales) Measure 2010 (nawm 8)
13
(1)
The Waste (Wales) Measure 2010 is amended as follows.
(2)
Omit sections 1 and 2.
(3)
In the Schedule, omit paragraph 2.
PART 3COLLECTION AND DISPOSAL OF WASTE
Environmental Protection Act 1990 (c. 43)
14
(1)
The Environmental Protection Act 1990 is amended as follows.
(2)
In the heading of section 45A, for “Arrangements” substitute “
England: arrangements
”
.
(3)
Omit section 45B.
Household Waste Recycling Act 2003 (c. 29)
15
In the Household Waste Recycling Act 2003, omit section 2.
Government of Wales Act 2006 (c. 32)
16
In Schedule 11 to the Government of Wales Act 2006, in paragraph 35(3), in Table 1, omit the entry relating to section 45B(1) of the Environmental Protection Act 1990.
Waste (Wales) Measure 2010 (nawm 8)
17
(1)
The Waste (Wales) Measure 2010 is amended as follows.
(2)
For the italic cross-heading before section 9 substitute— “
Disposal in a landfill or by incineration
”
.
(3)
In section 11—
(a)
in subsection (1), after “9” insert “
or 9A
”
;
(b)
omit subsection (2).
PART 4FLOOD AND COASTAL EROSION COMMITTEE
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
18
“(ia)
the Flood and Coastal Erosion Committee established by section 26B of the Flood and Water Management Act 2010;”.
Local Government Act 1974 (c. 7)
19
In section 25(1)(d) of the Local Government Act 1974, omit “for an area wholly or partly in England”.
Water Resources Act 1991 (c. 57)
20
(1)
The Water Resources Act 1991 is amended as follows.
(2)
In section 118(7)—
(a)
“—
(a)
in relation to the Agency,”;
(b)
“, and
(b)
in relation to the NRBW, means Wales, within the meaning of section 158 of the Government of Wales Act 2006”.
(3)
In section 134(2), for “appropriate agency” substitute “ Agency ”
.
(4)
In section 138(3), after “relevant chargeable land” insert “ (where that land is in England) or by the NRBW (where the relevant chargeable land is in Wales) ”
.
(5)
In section 145, in the definition of “flood risk management region”—
(a)
“—
(a)
in relation to the Agency,”;
(b)
“, and
(b)
in relation to the NRBW, means Wales, within the meaning of section 158 of the Government of Wales Act 2006”.
(6)
In Schedule 26, in paragraph 7, in the definition of “the relevant Minister”, in paragraph (a)(ii), omit “the whole or the greater part of which is”.
Land Drainage Act 1991 (c. 59)
21
In section 1(1)(a) of the Land Drainage Act 1991, after “2010)” insert “ or within Wales (within the meaning of section 158 of the Government of Wales Act 2006) ”
.
Environment Act 1995 (c. 25)
22
In section 6 of the Environment Act 1995—
(a)
in subsection (5), omit “and the Natural Resources Body for Wales' flood defence functions shall extend to the territorial sea adjacent to Wales”;
(b)
“(5A)
The flood defence functions of the Natural Resources Body for Wales extend to the territorial sea adjacent to Wales.”
Freedom of Information Act 2000 (c. 36)
23
In Part 6 of Schedule 1 to the Freedom of Information Act 2000, after the entry for the Firearms Consultative Committee insert— “ Flood and Coastal Erosion Committee or Pwyllgor Llifogydd ac Erydu Arfordirol. ”
Public Services Ombudsman (Wales) Act 2005 (c. 10)
24
In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005, for “A Regional Flood and Coastal Committee for an area wholly or partly in Wales” substitute “ The Flood and Coastal Erosion Committee ”
.
Flood and Water Management Act 2010 (c. 29)
25
(1)
The Flood and Water Management Act 2010 is amended as follows.
(2)
“(17)
“Wales” has the meaning given by section 158 of the Government of Wales Act 2006.”
(3)
In section 17(4), after “section 23(3)” insert “ for the Agency ”
.
(4)
In the italic cross-heading before section 22, after “Committees” insert “ for regions in England ”
.
(5)
In section 22—
(a)
in subsection (1)—
(i)
for “appropriate agency” substitute “ Environment Agency ”
;
(ii)
omit “and Wales”;
(iii)
omit the words from “that is wholly or mainly in England” to the end of the subsection;
(b)
in subsection (2)—
(i)
for “Minister” substitute “ Secretary of State ”
;
(ii)
for “appropriate agency” substitute “ Agency ”
;
(c)
omit subsection (3).
(6)
In section 23—
(a)
in subsection (1)—
(i)
in the opening words, for “appropriate agency” substitute “ Environment Agency ”
;
(ii)
in paragraph (a), for “appropriate agency” substitute “ Agency ”
;
(iii)
in paragraph (b), for “appropriate agency's” substitute “Agency's”;
(b)
in subsections (2) to (4), for “appropriate agency” substitute “ Agency ”
.
(7)
In section 24, for “Minister” substitute “ Secretary of State ”
.
(8)
In section 25—
(a)
in subsection (1)—
(i)
in the opening words, for “Minister may direct the appropriate agency” substitute “ Secretary of State may direct the Environment Agency ”
;
(ii)
in paragraph (d), for “Minister” substitute “ Secretary of State ”
;
(b)
in subsection (2), for “appropriate agency” substitute “ Agency ”
;
(c)
in subsection (3), for “Minister” substitute “ Secretary of State ”
.
(9)
Omit sections 26 and 26A.
(10)
In section 49(3), omit paragraph (c).
Public Bodies Act 2011 (c. 24)
26
(1)
The Public Bodies Act 2011 is amended as follows.
(2)
In section 13—
(a)
in subsection (1)—
(i)
at the end of paragraph (b), insert “ or ”
;
(ii)
omit paragraph (d) and the “or” before it;
(b)
omit subsection (4);
(c)
omit subsections (8) and (9).
(3)
In section 36(1), in the definition of “cross-border operator”—
(a)
at the end of paragraph (za), insert “ or ”
;
(b)
omit paragraph (b) and the “or” before it.
Water Act 2014 (c. 21)
27
In Schedule 10 to the Water Act 2014, omit paragraph 18.
PART 5BYELAWS
National Parks and Access to the Countryside Act 1949 (c. 97)
28
(1)
The National Parks and Access to the Countryside Act 1949 is amended as follows.
(2)
In section 106(5), for “Countryside Council for Wales” substitute “
Natural Resources Body for Wales
”
.
(3)
In section 106A, in the heading and in subsection (1), for “Countryside Council for Wales” substitute “
Natural Resources Body for Wales
”
.
Countryside Act 1968 (c. 41)
29
In section 41(7A) of the Countryside Act 1968, for “Council” substitute “
NRBW
”
.
Local Government Byelaws (Wales) Act 2012 (anaw 2)
30
(1)
The Local Government Byelaws (Wales) Act 2012 is amended as follows.
(2)
In section 3(d), for “Countryside Council for Wales” substitute “
Natural Resources Body for Wales
”
.
(3)
In section 7(8)(b), for “Countryside Council for Wales” substitute “
Natural Resources Body for Wales
”
.
(4)
In section 8(8), in the opening words—
(a)
for “Countryside Council for Wales” substitute “
Natural Resources Body for Wales
”
;
(b)
for “the Council” substitute “
the Body
”
.
(5)
In Schedule 2, omit paragraph 11.