The Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998

UK Statutory Instrument 1998 No. 1202 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 7 May 1998
In force from: 19 December 1998
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations establish an action programme for nitrate vulnerable zones which were designated by the Protection of Water against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 (S.I. 1996/888). The Regulations implement, as regards England and Wales, the requirement to establish such a programme in Article 5 of Council Directive 91/676/EEC concerning the protection of waters against pollution by nitrates from agricultural sources (OJ No. L.375, 31.12.91, p.1). Regulation 3 requires the occupier of a farm or livestock unit all or part of which is in a nitrate vulnerable zone to ensure that the action programme set out in the Schedule to the Regulations is implemented in relation to the farm or livestock unit or to that part of it which is in the nitrate vulnerable zone. These Regulations provide for monitoring of the action programme (regulation 6), for notices to be served requiring remedial action where there is, or has been, a contravention of the requirement in regulation 3 to ensure the action programme is implemented (regulation 4) and for a procedure to appeal against notices requiring remedial action (regulation 5). Breaches of regulations 3, 4 and 6 are made criminal offences (regulation 8). A Regulatory Appraisal in relation to these Regulations has been placed in the libraries of both Houses of Parliament and copies can be obtained from Rural and Marine Environment Division, Ministry of Agriculture, Fisheries and Food, Room 139, Nobel House, 17 Smith Square, London SW1P 3JR.

Offences created by this instrument

Any person who fails to comply with a requirement imposed on him by regulation 3 or by a notice served on him under… regulation 8(1) · Status not determined · Strict liability
Any person who fails to comply with a requirement imposed on him by regulation 6, shall be guilty of an offence and… regulation 8(2) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 1998