Environment Act 2021

63 Regulations under the Environmental Protection Act 1990 U.K.

(1) The Environmental Protection Act 1990 is amended as follows.

(2) After section 160 insert—

“160A Regulations and orders

(1) Regulations and orders under this Act are subject to the negative procedure, other than—

(a) regulations or orders subject to the affirmative procedure by virtue of subsection (2);

(b) regulations made by a Northern Ireland department under section 156 (power to give effect to retained EU obligations and international obligations);

(c) an order under section 164(3) (commencement);

(d) an order under paragraph 4 of Schedule 3 (statutory nuisance).

(2) Regulations or orders made under a section listed in the first column of the following Table that are of the description specified in the second column are subject to the affirmative procedure—

Section	Description of regulations or orders
34D (prohibition on disposal of food waste to sewer: Wales)	any regulations under that section.
45AA(10) (separate collection of waste: Wales)	any regulations under that section.
78M(4) (offences of not complying with a remediation notice)	any order under that section.
79(1ZA) (statutory nuisance)	any regulations under that section.
80ZA(11) (fixed penalty notices)	any regulations under that section.
88A (litter from vehicles: England)	regulations that include provision falling within section 88A(3)(a) or (6).

(3) Regulations and orders made under this Act by the Secretary of State or the Welsh Ministers are to be made by statutory instrument, other than an order under paragraph 4 of Schedule 3.

(4) Where regulations or orders under this Act made or to be made by the Secretary of State—

(a) are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament;

(b) are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(5) Where regulations or orders under this Act made or to be made by the Welsh Ministers—

(a) are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of Senedd Cymru;

(b) are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru.

(6) See sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) for the meaning of “the negative procedure” and “the affirmative procedure” in relation to regulations or orders under this Act made or to be made by the Scottish Ministers.

(7) Any provision that may be made by regulations or order under this Act subject to the negative procedure may be made subject to the affirmative procedure.”

(3) In section 45B omit subsection (3).

(4) In section 78M omit subsection (7).

(5) In section 161 (regulations, orders and directions)—

(a) for the heading substitute “Directions”;

(b) omit subsections (1) to (4).

Commencement Information

I1 S. 63 in force at Royal Assent, see s. 147(1)(a)