UK Offence Report

The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018

UK Statutory Instrument 2018 No. 1227 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
22 November 2018
In force from
Not determined
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
European Communities Act 1972, Pollution Prevention and Control Act 1999, Schedule 1 to the Pollution Prevention and Control Act 1999, Schedule 8 to, the Water Act 2014, Water Act 2014

Explanatory note

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

These Regulations make amendments to the Environmental Protection Act 1990 (c. 43) and the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154). Part 2 amends Part 2 of the Environmental Protection Act 1990 by inserting provisions conferring power on certain authorities in England to give notices offering a person the opportunity of discharging any liability to conviction for the offence of failing to comply with section 34(2A) of that Act (duty to take measures to secure that transfer of household waste is only to certain authorised persons). Part 3 amends various provisions of the Environmental Permitting (England and Wales) Regulations 2016. In summary— a regulation 4(2) and (5) contains amendments relating to new conditions for environmental permits authorising certain waste operations; b regulation 4(3) and (7) contains amendments relating to flood risk activities; c regulation 4(6) contains an amendment relating to radioactive substances activities. A full impact assessment of the effect that regulation 4(2) and (5) will have on the costs of business, the voluntary sector and the public sector is available from Waste Regulation and Crime, Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London, SW1P 4DF or at www.legislation.gov.uk. A full impact assessment has not been produced for the remainder of this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen in relation to the remainder of this instrument. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment in relation to Wales has been prepared as to the likely costs and benefits of complying with regulations 4(2) and (5) of these Regulations. A copy is available from Waste & Resource Efficiency Division of the Economy, Skills and Natural Resource Group, Welsh Government, Cathays Park, Cardiff, CF10 3NQ or at www.assembly.wales. It was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with the remainder of these Regulations.

Offences created by this instrument

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

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure
Made negative — law unless a motion to stop it succeeded
Could either House amend it?
No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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