The Waste (Wales) (Miscellaneous Amendments) Regulations 2020

Welsh Statutory Instruments

2020 No. 1179 (W. 265)

Environmental Protection, Wales

The Waste (Wales) (Miscellaneous Amendments) Regulations 2020

Made

27 October 2020

Laid before Senedd Cymru

28 October 2020

Coming into force

19 November 2020

The Welsh Ministers are designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) (“the ECA 1972”) in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste(3) and the prevention, reduction and management of waste(4).

The Welsh Ministers, in exercise of the powers conferred by section 2(2) of the ECA 1972, make the following Regulations.

(1)

By virtue of section 59(2) of the Government of Wales Act 2006 (c.32) (“GOWA 2006”) the Welsh Ministers may exercise the power conferred by section 2(2) of the European Communities Act 1972 (c.68) (“the ECA 1972”) in relation to any matter, or for any purpose, if they have been designated in relation to that matter or for that purpose. Paragraph 28(1) of Schedule 11 to GOWA 2006 provides that designations made under section 2(2) of the ECA 1972 by virtue of section 29(1) of the Government of Wales Act 1998 (c.38) which are in force immediately before the commencement of the repeal of that subsection by GOWA 2006 continue to have effect after the commencement of that repeal as if made by virtue of section 59(1) of GOWA 2006.

(2)

1972 c. 68. The ECA 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) with effect from exit day. “Exit day” is defined in section 20 of the 2018 Act as 31 January 2020 at 11pm. Despite that repeal the ECA 1972 continues to have effect with modifications until IP completion day, by virtue of section 1A of the 2018 Act. Section 1A was inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) (“the 2020 Act”). “IP completion day” is defined in section 1A as 31 December 2020 at 11pm (the meaning given in section 39 of the 2020 Act). Section 2(2) of the ECA 1972 was previously amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

(3)

S.I. 2005/850.

(4)

S.I. 2010/1552.