2016 No. 398
Environmental Protection, England And Wales

The Pollution Prevention and Control (Designation of Waste Directive) (England and Wales) Order 2016

Made
Coming into force in accordance with article 1(1)
The Secretary of State and the Welsh Ministers make this Order in exercise of the powers conferred by paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 19991.

Citation, commencement, extent and application1.

(1)

This Order may be cited as the Pollution Prevention and Control (Designation of Waste Directive) (England and Wales) Order 2016 and comes into force on the day after the day on which it is made.

(2)

This Order extends to England and Wales.

(3)

This Order applies in relation to—

(a)

England and the sea adjacent to England out as far as the seaward boundary of the territorial sea; and

(b)

Wales, within the meaning given by section 158 of the Government of Wales Act 20062.

(4)

In paragraph (3)(a), the sea adjacent to England is so much of the sea adjacent to Great Britain as—

(a)

is not the sea adjacent to Scotland; and

(b)

does not form part of Wales.

(5)

In paragraph (4)(a), 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 19983.

Designation2.

Directive 2008/98/EC of the European Parliament and of the Council on waste4 is designated as a relevant directive for the purposes of paragraph 20(1)(b) of Schedule 1 to the Pollution Prevention and Control Act 1999.

Revocation3.

Omit article 2(a) of the Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 20155.
Rory Stewart
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Carl Sargeant
Minister for Natural Resources One of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Order)

This Order designates Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No L 312, 22.11.2008, p 3) as last amended by Commission Directive (EU) 2015/1127 (OJ No L 184, 11.07.15, p 13) for the purposes of paragraph 20(1)(b) of Schedule 1 to the Pollution Prevention and Control Act 1999 (c.24). This allows regulations to be made under that Act which make provision corresponding or 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 Directive 2008/98/EC.

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