Environment Act 2021

Producer responsibility U.K.

50 Producer responsibility obligations U.K.

(1) In Schedule 4—

(a) Part 1 confers power on the relevant national authority to make regulations about producer responsibility obligations;

(b) Part 2 confers power on the relevant national authority to make regulations about the enforcement of regulations made under Part 1.

(2) In this section and that Schedule “relevant national authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers or the Secretary of State;

(c) in relation to Scotland, the Scottish Ministers or the Secretary of State;

(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland or the Secretary of State.

(3) Regulations under Schedule 4 made by the Secretary of State may not contain provision that could be contained in regulations under that Schedule made by another relevant national authority, unless that authority consents.

(4) Regulations under Schedule 4 that contain only provision for, or in connection with, the variation of targets specified in the regulations are subject to the negative procedure.

(5) Otherwise, regulations under Schedule 4 are subject to the affirmative procedure.

(6) The following are repealed—

(a) in the Environment Act 1995, sections 93 to 95;

(b) the Producer Responsibility Obligations (Northern Ireland) Order 1998 (S.I. 1998/1762 (N.I. 16)).

Commencement Information

I1 S. 50 not in force at Royal Assent, see s. 147(3)-(6)

I2 S. 50 in force at 24.1.2022 for E. by S.I. 2022/48, reg. 2(i) (with reg. 6)

I3 S. 50 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(b) (with art. 3)

I4 S. 50 in force at 7.3.2022 for W. by S.I. 2022/223, regs. 1(2), 2(a) (with reg. 3)

I5 S. 50 in force at 9.11.2022 for S. by S.S.I. 2022/305, reg. 2(a) (with reg. 3)

51 Producer responsibility for disposal costs U.K.

(1) Schedule 5 confers power on the relevant national authority to make regulations requiring the payment of sums in respect of the costs of disposing of products and materials.

(2) In this section and that Schedule “relevant national authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers or the Secretary of State;

(c) in relation to Scotland, the Scottish Ministers or the Secretary of State;

(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland or the Secretary of State.

(3) Regulations under Schedule 5 made by the Secretary of State may not contain provision that could be contained in regulations under that Schedule made by another relevant national authority, unless that authority consents.

(4) Regulations under Schedule 5 are subject to the affirmative procedure.

Commencement Information

I6 S. 51 in force at 9.1.2022 for E.W.S., see s. 147(2)(a)

I7 S. 51 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(c)