PART 6Water quality

CHAPTER 9Retention of functions from the Sewage Sludge Directive

Power to make provision about the criteria for testing of sludge and agricultural soil45

1

The appropriate authority may, by regulations, for the purposes of retained EU law which implemented the Annexes to the Sewage Sludge Directive, make provision about—

a

the limit values in sludge and in soil on which sludge is used or on which its use is considered;

b

sludge analysis and information relating to sludge analysis;

c

analysis of soil on which sludge is used or on which its use is considered;

d

reference methods for sampling and analysis of sludge and soil on which it is used.

2

But regulations under paragraph (1) must not make provision which corresponds to or which has the effect of amending provision corresponding to—

a

the parameters and values listed in Annexes 1A, 1B and 1C to the Sewage Sludge Directive;

b

any factors likely to affect the evaluation of those values;

c

the parameters for analysis referred to in Annexes 2A and 2B to the Sewage Sludge Directive.

3

The provision which may be made under paragraph (1) includes—

a

requiring a reference to the Annexes to the Sewage Sludge Directive (or a reference which encompasses those Annexes) to be read as a reference to those Annexes with modifications;

b

amending provision which corresponds to that made by the Annexes to the Sewage Sludge Directive.

4

Regulations under paragraph (1) may amend any subordinate legislation.

5

The appropriate authority may only exercise the power in paragraph (1) to the extent that the authority considers it is appropriate to do so as a result of scientific and technical progress.