I1C1C2C3 Part II Waste on Land

Annotations:
Commencement Information
I1

Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2

Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.

Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)

Modifications etc. (not altering text)
C1

Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))

Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)

Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F1Electronic waste tracking

Annotations:
Amendments (Textual)
F1

Ss. 34CA, 34CB and cross-heading inserted (9.1.2022) by Environment Act 2021 (c. 30), ss. 58(2), 147(2)(g) (with s. 144)

34CBFurther provision about regulations under section 34CA

1

Regulations under section 34CA(1) may make provision about the enforcement of requirements imposed by or under the regulations.

2

The regulations may include provision—

a

creating criminal offences punishable with a fine in respect of failures to comply with the regulations;

b

about such offences.

3

The regulations may include provision—

a

for, about or connected with the imposition of civil sanctions by an enforcement authority;

b

in the case of a civil sanction that requires the payment of an amount, for that amount—

i

to be specified in the regulations;

ii

to be determined by an enforcement authority in accordance with the regulations;

c

for such a determination to be made by reference to factors specified or described in the regulations which may include, for example, the turnover of a business or the costs of complying with the requirement being enforced (and the regulations may provide that the amount to be paid may exceed the amount of those costs);

d

about appeals against the imposition of a civil sanction.

4

In this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

5

The regulations may include provision for the imposition of sanctions of that kind whether or not—

a

the conduct in respect of which the sanction is imposed constitutes an offence,

b

the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or

c

the relevant national authority may make provision for the imposition of sanctions under that Part.

6

The regulations may make different provision for different purposes.

7

The regulations may make consequential, supplementary, incidental, transitional or saving provision, including provision amending, repealing or revoking primary legislation or F2assimilated direct legislation.

8

In this section—

  • “enforcement authority” means the Environment Agency, the Natural Resources Body for Wales, a waste collection authority for an area in England or Wales or the Scottish Environment Protection Agency;

  • “primary legislation” means—

    1. a

      in relation to regulations made by the Secretary of State, an Act of Parliament;

    2. b

      in relation to regulations made by the Welsh Ministers, an Act of Parliament or an Act or Measure of Senedd Cymru;

    3. c

      in relation to regulations made by the Scottish Ministers, an Act of Parliament or an Act of the Scottish Parliament.