Environmental Protection Act 1990

[F1 Orders and regulations E+W

Textual Amendments

F1 Sch. 2AA inserted (prospectively in accordance with ss. 72-75 of the amending Act) (E.W.) by Climate Change Act 2008 (c. 27), ss. 71, 100, Sch. 5 para. 1 and which amending provisions repealed (never in force) (15.1.2012) by Localism Act 2011 (c. 20), ss. 47, 240(1)(e), Sch. 25 Pt. 8

16 (1) An order under paragraph 2(3), 6(2) or 15(2) is subject to affirmative resolution procedure. E+W

(2) Section 161(3) (negative resolution procedure: orders) applies in relation to an order under paragraph 5(1), subject as follows.

(3) An order under that paragraph is subject to affirmative resolution procedure if—

(a) it is the first order to be made under that paragraph, or

(b) it increases the limit for the time being set by an order under that paragraph by more than is necessary to reflect changes in the value of money since that limit was set.

(4) Section 161(2) (negative resolution procedure: regulations) applies in relation to regulations under paragraph 11, subject as follows.

(5) Regulations under that paragraph are subject to affirmative resolution procedure if they modify an enactment contained in an Act of Parliament.

(6) Where an order or regulations are subject to “affirmative resolution procedure” the Secretary of State must not make the order or regulations unless a draft of the statutory instrument containing them has been laid before and approved by resolution of each House of Parliament.]