The Environment Act 2021 (Commencement No. 3) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force provisions of the Environment Act 2021 (c. 30) (“the Act”). These are the third commencement regulations made by the Secretary of State under the Act.

Regulation 2 brings into force on 10th May 2022 specified sections of the Act.

Section 17 requires the Secretary of State to prepare a policy statement on environmental principles and section 18 of the Act establishes the process by which the Secretary of State must develop and publish the environmental principles policy statement. Subsection 19(5) provides that section 14(2) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (asp 4) does not apply to Ministers of the Crown when making policy relating to reserved matters in Scotland. Subsection 19(6) provides that the term ‘reserved matters’ has the same meaning as that set out in the Scotland Act 1998. Section 20 requires that where a Bill introduced into either House of Parliament contains a provision that, if enacted, would be environmental law, the Minister in charge of the Bill must make a statement to that House on the effect of the law on the existing level of environmental protection.

Section 85 inserts new section 27ZA into the Water Industry Act 1991 (c. 56) which provides the Water Services Regulation Authority (‘Ofwat’) with a power to require information when performing its duties relating to reviewing water company performance and licence activities. Section 87 inserts new subsections into section 216 (service of documents) of the Water Industry Act 1991 (c. 56) enabling electronic service of documents served under that Act. Section 85 and Section 87 are commenced so far as relating to undertakers whose areas are wholly or mainly in England and licensees using the systems of such undertakers.

Regulation 3 brings into force on 30th September 2022 specified sections of the Act.

Section 109 establishes species conservation strategies and requires local planning authorities, and any other public authority specified in regulations by the Secretary of State, to cooperate with Natural England in preparing and implementing a strategy and to consider any relevant strategy as they carry out their functions. Section 111 amends the licensing regime in the Wildlife and Countryside Act 1981 (c.69) to be consistent with the provisions of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).

Section 116 and Schedule 17 are commenced for the purpose of making regulations which would set requirements on prescribed businesses using forest risk commodities in their UK commercial activities.

An impact assessment has not been published for these Regulations as they have no impact on costs to business, the public or voluntary sectors independent of the provision these Regulations bring into force. A full impact assessment has been published in relation to the Act and copies can be obtained from the website of the Department for Environment, Food and Rural Affairs at www.gov.uk/defra or from the Department for Environment, Food and Rural Affairs at 2 Marsham Street, London, SW1P 4DF, United Kingdom.