Environmental Protection Act 1990

161 Regulations, orders and directions. E+W+S

(1) Any power of the Secretary of State [F1 , National Assembly for Wales] or the Minister of Agriculture, Fisheries and Food under this Act to make regulations or orders shall be exercisable by statutory instrument; but this subsection does not apply to orders under section 72 above or paragraph 4 of Schedule 3.

(2) [F2 Subject to subsection (2B) below,] a statutory instrument containing regulations under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F3 (2ZA) Subsection (2) does not apply to a statutory instrument containing regulations under paragraph 11 of Schedule 2AA to this Act to which paragraph 16(5) of that Schedule applies.]

[F4 (2ZB) Subsection (2) does not apply to a statutory instrument containing regulations under section 88A if the regulations—

(a) are the first set of regulations to be made under that section, or

(b) include provision falling within subsection (3)(a) or (6) of that section.

(2ZC) A statutory instrument to which subsection (2) does not apply by virtue of subsection (2ZB) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]

[F5 (2A) Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales.]

[F6 (2B) No statutory instrument containing regulations made under section 79(1ZA) or 80ZA(11) above may be made unless a draft of it has been laid before, and approved by resolution of, the Scottish Parliament.]

(3) Except in the cases specified in subsection (4) below, a statutory instrument containing an order under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Subsection (3) above does not apply to [F7 a statutory instrument—

(a) which contains an order under section 78M(4) above, or

[F8 (aa) which contains—

(i) an order under paragraph 2(3), 6(2) or 15(2) of Schedule 2AA to this Act, or

(ii) an order under paragraph 5(1) of that Schedule to which paragraph 16(3) of that Schedule applies, or]

(b) by reason only that it contains] an order under section [F9 128(3)] 130(4), 131(3) or 138(2) above or section 164(3) below.[F10 or

(c) which is made solely by the National Assembly for Wales.]

(5) Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.

(6) Any direction given under this Act shall be in writing.

Textual Amendments

F1 Words in s. 161(1) inserted (E.W.) (7.4.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 106, Sch. 4 para. 10(2)

F2 Words in s. 161(2) inserted (S.) (26.1.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), ss. 114(2), 128(2) (with s. 127); S.S.I. 2009/9, art. 2(a), Sch. 1

F3 S. 161(2ZA) inserted (E.W.) by Climate Change Act 2008 (c. 27), ss. 71, 100, Sch. 5 para. 4(2) (the amendment coming into force in accordance with ss. 72-75 of the amending Act, see s. 100(2)(5))

F4 S. 161(2ZB)(2ZC) inserted (E.W.) (25.10.2017) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 154(3), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2017/1018, art. 2

F5 S. 161(2A) inserted (E.W.) (7.4.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 106, Sch. 4 para. 10(3)

F6 S. 161(2B) inserted (S.) (26.1.2009) by Public Health etc. (Scotland) Act 2008 (asp 5) {ss. 114(3)}, 128(2) (with s. 127); S.S.I. 2009/9, art. 2(a), Sch. 1

F7 Words in s. 161(4) inserted (1.4.2000 for E., 14.7.2000 for S. and 15.9.2001 for W.) by 1995 c. 25, s. 120(1), Sch. 22 para.92 (with ss. 7(6), 115, 117); S.I. 2000/340, art. 2(b) (with art. 3); S.S.I. 2000/180, art. 2(1)(b) (with art. 3); S.I. 2001/3211, art. 2(b) (with saving in art. 3)

F8 S. 161(4)(aa) inserted (E.W.) by Climate Change Act 2008 (c. 27), ss. 71, 100, Sch. 5 para. 4(3) (the amendment coming into force in accordance with ss. 72-75 of the amending Act, see s. 100(2)(5))

F9 Words in s. 161(4)(b) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 125; S.I. 2006/2541, art. 2

F10 S. 161(4)(c) and preceding word inserted (E.W.) (7.4.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 106, Sch. 4 para. 10(4)