SCHEDULE 1Definitions

Regulation 2(1) and (2)

PART 1Meaning of (a) “retained function” and (b) “any function in relation to which functions are exercisable by a Minister of the Crown or Government Department”

1

In these Regulations, “retained function” means as respects the Scottish inshore region, the Scottish offshore region, the Welsh inshore region, the Welsh offshore region, the Northern Ireland inshore region and the Northern Ireland offshore region, any function of a Minister of the Crown, government department, Northern Ireland department or public authority other than—

a

any Scottish Ministerial function;

b

any Welsh Ministerial function;

c

any Northern Ireland government function;

d

any secondary devolved function; or

e

any relevant ancillary function.

2

1

For the purpose of paragraph 1(a) to (c) and paragraph 3—

a

“Northern Ireland government function” means—

i

any function exercisable by a Northern Ireland Minister or a Northern Ireland department, other than any joint function or concurrent function;

ii

any concurrent function, so far as exercised by a Northern Ireland Minister or a Northern Ireland department;

iii

the function exercised by a Northern Ireland Minister or a Northern Ireland department when exercising a joint function;

b

“Scottish Ministerial function” means—

i

any function exercisable by the Scottish Ministers, other than any joint function or concurrent function;

ii

any concurrent function, so far as exercised by the Scottish Ministers;

iii

the function exercised by the Scottish Ministers when exercising a joint function;

c

“Welsh Ministerial function” means—

i

any function exercisable by the Welsh Ministers, the First Minister or the Counsel General, other than any joint function or concurrent function;

ii

any concurrent function, so far as exercised by the Welsh Ministers, the First Minister or the Counsel General;

iii

the function exercised by the Welsh Ministers, the First Minister or the Counsel General when exercising a joint function;

d

“concurrent function” means a function exercisable concurrently with a Minister of the Crown or government department;

e

“joint function” means a function exercisable jointly with a Minister of the Crown or government department.

3

For the purpose of paragraph 1(e), “relevant ancillary function” means any function exercisable by a public authority in relation to any of the following—

a

a Scottish Ministerial function,

b

a Welsh Ministerial function,

c

a Northern Ireland government function,

d

a secondary devolved function,

other than any function in relation to which functions are exercisable by a Minister of the Crown or government department.

4

For the purposes of regulation 2(1)23 and paragraph 3, functions are not to be regarded as exercisable by a Minister of the Crown or government department in relation to any function of a public authority merely because—

a

the agreement of a Minister of the Crown or government department is required to the exercise of a function of the public authority;

b

a Minister of the Crown or government department must be consulted by the public authority, or by the Scottish Ministers, the Welsh Ministers, the First Minister, the Counsel General, a Northern Ireland Minister or a Northern Ireland department, about the exercise of a function of the public authority; or

c

a Minister of the Crown or government department may exercise functions falling within paragraph 5 in relation to functions of the public authority.

5

The functions mentioned in paragraph 4(c) are—

F10a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11b

functions under section 58 of the Scotland Act 1998 (international obligations);

c

functions under section 26 or 27 of the Northern Ireland Act 199826 (international obligations and quotas for international obligations);

d

functions by virtue of section 80(3) of F12... the Government of Wales Act 200627F13(retained EU obligations) or under section 82 of that Act (international obligations etc);

e

functions under section 152 of that Act (intervention in case of functions relating to water etc).

PART 2Directive definitions

Annotations:
  • The definitions contained in the Directive of expressions used in these Regulations, and which have the same meaning as in these Regulations, are as follows—

  • “criteria” means distinctive technical features that are closely linked to qualitative descriptors;

  • “environmental status” means the overall state of the environment in marine waters, taking into account the structure, function and processes of the constituent marine ecosystems together with natural physiographic, geographic, biological, geological and climatic factors, as well as physical, acoustic and chemical conditions, including those resulting from human activities inside or outside the area concerned;

  • “environmental target” means a qualitative or quantitative statement on the desired condition of the different components of, and pressures and impacts on, marine waters in respect of each marine region or subregion. Environmental targets are established in accordance with Article 10;

  • “good environmental status” means the environmental status of marine waters where these provide ecologically diverse and dynamic oceans and seas which are clean, healthy and productive within their intrinsic conditions, and the use of the marine environment is at a level that is sustainable, thus safeguarding the potential for uses and activities by current and future generations, i.e.:

    1. a

      the structure, functions and processes of the constituent marine ecosystems, together with the associated physiographic, geographic, geological and climatic factors, allow those ecosystems to function fully and to maintain their resilience to human-induced environmental change. Marine species and habitats are protected, human-induced decline of biodiversity is prevented and diverse biological components function in balance;

    2. b

      hydro-morphological, physical and chemical properties of the ecosystems, including those properties which result from human activities in the area concerned, support the ecosystems as described above. Anthropogenic inputs of substances and energy, including noise, into the marine environment do not cause pollution effects;

    good environmental status shall be determined at the level of the marine region or subregion as referred to in Article 4, on the basis of the qualitative descriptors in Annex 1. Adaptive management on the basis of the ecosystem approach shall be applied with the aim of attaining good environmental status;

  • “marine region” means a sea region which is identified under Article 4. Marine regions and their subregions are designated for the purpose of facilitating implementation of this Directive and are determined taking into account hydrological, oceanographic and biogeographic features;

  • “marine strategy” means the strategy to be developed and implemented in respect of each marine region or subregion concerned as laid down in Article 5;

  • “pollution” means the direct or indirect introduction into the marine environment, as a result of human activity, of substances or energy, including human-induced marine underwater noise, which results or is likely to result in deleterious effects such as harm to living resources and marine ecosystems, including loss of biodiversity, hazards to human health, the hindering of marine activities, including fishing, tourism and recreation and other legitimate uses of the sea, impairment of the quality for use of sea water and reduction of amenities or, in general, impairment of the sustainable use of marine goods and services;

  • F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3Water Framework Directive definitions

  • The definitions in the Water Framework Directive of expressions defined in regulation 2 as having the same meaning in these Regulations as in that Directive are as follows—

  • “coastal water” means surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters;

  • “transitional waters” means bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows.

  • For this purpose—

  • “groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

  • “inland water” means all standing or flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured;

  • “surface water” means inland waters, except groundwater; transitional waters and coastal waters, except in respect of chemical status for which it shall also include territorial waters.

SCHEDULE 2Enactments in relation to which duty in regulation 4 applies

Regulation 4(2)

Annotations:
  • The Whaling Industry (Regulation) Act 193428

  • The Foyle Fisheries Act (Northern Ireland) 195229

  • The Harbours Act 196430

  • The Fisheries Act (Northern Ireland) 196631

  • The Harbours Act (Northern Ireland) 197032

  • The Prevention of Oil Pollution Act 197133

  • The Water Resources Act 199134

  • sections 128 and 129 of the Merchant Shipping Act 199535 (prevention of pollution from ships and further provision for prevention of pollution from ships)

  • The Petroleum Act 199836

  • The Pollution Prevention and Control Act 199937

  • The Water Environment and Water Services (Scotland) Act 200338

  • The Planning Act 200839

  • The Marine and Coastal Access Act 200940

  • The Marine (Scotland) Act 201041

  • The Conservation (Natural Habitats, &c.) Regulations 199442

  • The Urban Waste Water Treatment (England and Wales) Regulations 199443

  • The Urban Waste Water Treatment (Scotland) Regulations 199444

  • The Conservation (Natural Habitats, &c.) Regulations (Northern Ireland) 199545

  • F6...

  • The Surface Waters (Shellfish) (Classification) Regulations 199747

  • F1...

  • The Surface Waters (Shellfish) (Classification) Regulations (Northern Ireland) 199749

  • The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 199850

  • The Water (Northern Ireland) Order 199951

  • The Offshore Petroleum Activities (Conservation of Habitats) Regulations 200152

  • The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 200353

  • F2the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017

  • The Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 200355

  • F3the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017

  • The Pollution Prevention and Control Regulations (Northern Ireland) 200357

  • The Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 200458

  • The Water and Sewerage Services (Northern Ireland) Order 200659

  • The Water Supply (Water Quality) Regulations (Northern Ireland) 200760

  • The Urban Waste Water Treatment Regulations (Northern Ireland) 200761

  • F4The Conservation of Offshore Marine Habitats and Species Regulations 2017

  • The Bathing Waters (Scotland) Regulations 200863

  • The Bathing Water Regulations 200864

  • The Quality of Bathing Water Regulations (Northern Ireland) 200865

  • F5The Conservation of Habitats and Species Regulations 2017

  • F7The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019

F9SCHEDULE 3Modification of Marine Strategy Framework Directive

Regulation 2(5)(a)

Annotations:

1

Omit the following provisions—

a

in Article 4(2), the final subparagraph;

b

in Article 5(3), from “In these cases” to the end;

c

Article 7;

d

Article 9(2);

e

Article 10(2);

f

Article 11(3);

g

Article 12;

h

Article 13(9);

i

Article 15;

j

Article 16;

k

Article 18;

l

Article 23;

m

Article 24;

n

Article 26;

o

in Annex 1, the final sentence in the paragraph after point (11);

p

Annex 2.

2

In Article 3(9), for “third countries” substitute “other countries”.

3

In Article 5(2), omit “for which Member States concerned endeavour to follow a common approach”.

4

In Article 6(2)—

a

in the first subparagraph, for “third countries” substitute “other countries”;

b

in the third subparagraph—

i

after “Member States”, in the first place where it occurs, insert “and other countries”;

ii

omit “in order to allow Member States”.

5

In Article 8(2), after “in particular” insert “any enactment giving effect to”.

6

In Article 9(3), omit—

a

“in accordance with the regulatory procedure with scrutiny referred to in Article 25(3)”;

b

the final sentence.

7

In Article 10(1), omit “, Community”.

8

In Article 11—

a

in paragraph 1, omit “including the Habitats and Birds Directives”;

b

in paragraph 4, omit “in accordance with the regulatory procedure with scrutiny referred to in Article 25(3)”.

9

In Article 13—

a

in paragraph 2, for the words from “in particular Directive 2000/60/EC” to “forthcoming legislation on environmental quality standards in the field of water policy” substitute “(in particular in relation to water quality, including urban waste-water treatment and bathing water quality)”;

b

in paragraph 3, omit “referred to in Article 7”;

c

in paragraph 4—

i

for “special areas of conservation pursuant to the Habitats Directive, special protection areas pursuant to the Birds Directive” substitute “special areas of conservation or special protection areas pursuant to retained EU law”;

ii

for “Community or Members States concerned in the framework of international or regional agreements to which they are parties” substitute “United Kingdom in the framework of international or regional agreements to which it is a party”;

d

in paragraph 5, omit─

i

“Community or”;

ii

“, individually or jointly,”;

iii

“competent authority or”;

e

in paragraph 10, omit “Subject to Article 16”.

10

In Article 14—

a

in paragraph 1, in the second subparagraph, omit “and shall substantiate its views to the Commission”;

b

in paragraph 4, omit the second subparagraph.

11

In Article 17—

a

in paragraph 3—

i

omit “to the Commission,”;

ii

omit “and to any other Member State concerned”;

iii

for “Article 19(2)” substitute “regulation 18(7) of the Marine Strategy Regulations 2010”;

b

omit paragraph 4.

12

In Article 19(3)—

a

in the first subparagraph, for “Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information” substitute “the retained EU law which transposed Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information”;

b

omit the second and third subparagraphs.

13

In Annex 3—

a

in the notes below Table 1, in Note 1 and Note 3, for “in accordance with Article 9(3)” substitute “in Commission Decision (EU) 2017/848 laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitoring and assessment”;

b

in the notes below Table 2, in Note 3, for “in accordance with Article 9(3)” substitute “in Commission Decision (EU) 2017/848 laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitoring and assessment”.

14

In Annex 4, in point (11), for “the Community and its Member States have committed themselves” substitute “the United Kingdom has committed itself”.

15

In Annex 5, in point (9), for “at Community level” substitute “at regional or subregional level”.