The Pollution Prevention and Control (Designation of Energy Efficiency Directive) (England and Wales) Order 2015

Statutory Instruments

2015 No. 816

Environmental Protection, England And Wales

The Pollution Prevention and Control (Designation of Energy Efficiency Directive) (England and Wales) Order 2015

Made

19th March 2015

Coming into force

20th March 2015

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make this Order in exercise of the powers conferred by paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 1999(1).

Citation, commencement, extent and application

1.—(1) This Order may be cited as the Pollution Prevention and Control (Designation of Energy Efficiency Directive) (England and Wales) Order 2015 and comes into force on 20th March 2015.

(2) This Order extends to England and Wales.

(3) This Order applies to the sea adjacent to England and Wales out as far as the seaward boundary of the territorial sea and for that purpose—

(a) the sea adjacent to England is so much of the sea adjacent to Great Britain as is not the sea adjacent to Wales or the sea adjacent to Scotland;

(b) the sea adjacent to Wales has the same meaning as it has by virtue of section 158(3) or (4) of the Government of Wales Act 2006(2); and

(c) the sea adjacent to Scotland has the same meaning as the internal waters and territorial sea of the United Kingdom adjacent to Scotland has by virtue of section 126(2) of the Scotland Act 1998(3).

Designation

2.  Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency(4) is designated for the purposes of paragraph 20(2) of Schedule 1 to the Pollution Prevention and Control Act 1999.

Dan Rogerson

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

19th March 2015

Carl Sargeant

Minister for Natural Resources, one of the Welsh Ministers

19th March 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency (OJ No L 315, 14.11.2012, p 1) (the “Energy Efficiency Directive”) as a relevant directive for the purposes of paragraph 20(2) of Schedule 1 to the Pollution Prevention and Control Act 1999 (c. 24).

The effect of this Order is that regulations may be made under that Act making provision which corresponds or is similar to any provision made, or capable of being made, under section 2(2) of the European Communities Act 1972 (c. 68) in connection with the Energy Efficiency Directive.

An impact assessment has not been produced for this instrument as no impact on the public, private or voluntary sectors is foreseen.

(1)

1999 c. 24; paragraph 20(2)(c) was amended by S.I. 2011/1043. Functions of the Secretary of State under this paragraph (except in relation to offshore oil and gas exploration and exploitation), so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 3 of the National Assembly for Wales (Transfer of Functions) Order 2005 (S.I. 2005/1958). Those functions were then transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(2)

2006 c. 32; section 158(3) was substituted by the Marine and Coastal Access Act 2009 (c. 23), section 43(3). The boundary between the sea adjacent to Wales and that adjacent to England is described by article 6 of, and Schedule 3 to, S.I. 1999/672. By virtue of paragraph 26 of Schedule 11 to the Government of Wales Act 2006, S.I. 1999/672 continues to have effect.

(3)

1998 c. 46; the boundaries between waters which are to be treated as internal waters or territorial sea of the United Kingdom adjacent to Scotland and those which are not are set out in S.I. 1999/1126.

(4)

OJ No L 315, 14.11.2012, p 1, as last amended by Council Directive 2013/12/EU (OJ No L 141, 28.5.2013, p 28)