Waste & Reuse – Brexit – An Irish Guide

Part 3: Waste and Resource Efficiency

Section 50: Producer responsibility obligations

Section 50 introduces Schedule 4, which allows the relevant national authority to make regulations about producer responsibility obligations and the enforcement of those
Subsections (2) and (3) set out who the “relevant national authority” is. This is the Secretary of State in relation to England, the Scottish Ministers in relation to Scotland, the Welsh Minsters in relation to Wales, and the Department of Agriculture, Environment and Rural Affairs in relation to Northern Ireland. The Secretary of State may make regulations on behalf of Wales, Scotland, or Northern Ireland, but only with the relevant Minister’s or Department’s consent.
Subsections (4) and (5) make provision for regulations made under this Schedule to be subject to the affirmative resolution procedure, unless the regulations contain only provision for, or in connection with, varying targets, in which case they are subject to the negative resolution
Subsection (6) repeals the current primary legislation that deals with producer responsibility in Great Britain and Northern Ireland. That legislation is replaced by this section and Schedule 4.

Section 51: Producer responsibility for disposal costs

Section 51 introduces Schedule 5, which allows the relevant national authority to make regulations that require those involved in manufacturing, processing, distributing or supplying products or materials to meet, or contribute to, the disposal costs of those products.
Subsections (2) and (3) sets out who the “relevant national authority” is. This is the Secretary of State in relation to England, the Scottish Ministers in relation to Scotland, the Welsh Minsters in relation to Wales, and the Department of Agriculture, Environment and Rural Affairs in relation to Northern Ireland. The Secretary of State may make regulations on behalf of Wales, Scotland, or Northern Ireland, but only with the relevant Minister’s or Department’s consent.
Subsection (4) makes provision for regulations made under Schedule 5 to be subject to the affirmative resolution procedure.

Section 52: Resource efficiency information

This section gives effect to Schedule 6, which gives the relevant national authority the power to make regulations that set requirements for manufacturers and producers to provide information about the resource efficiency of their products. The purpose of the power is to enable the regulation of products that have a significant impact on the natural environment at any stage of their lifecycle, with the object of reducing that impact primarily through ensuring consumers are supplied with information about the resource efficiency of those products in order to drive more sustainable consumption. Regulations may impose requirements on any person connected with a product’s supply chain, and in relation to any type of product other than some specified exceptions.
Subsection (1) sets out that the Schedule is divided into two parts. Part 1 gives power to the relevant national authority to make regulations about requiring resource efficiency Part 2 gives the relevant national authority power to make regulations about the enforcement of these information requirements.
Subsection (2) defines the “relevant national authority” in each
Subsection (3) makes clear that regulations made under Schedule 6 by either Welsh Ministers, Scottish Ministers or Department of Agriculture, Environment and Rural Affairs can only contain provisions that are within their legislative competence.
Subsection (4) makes clear that the Secretary of State must obtain the consent of the appropriate national authority before making provisions in regulations that fall under the legislative competence of another national authority.
Subsection (5) states that regulations under Schedule 6 are subject to affirmative
This section and Schedule 6 extend and apply to England and Wales, Scotland and Northern

Section 53: Resource efficiency requirements

This section gives effect to Schedule 7, which gives the relevant national authority the power to make regulations that set resource efficiency requirements that products are required to meet. The purpose of the power is to enable the regulation of products that have a significant impact on the natural environment at any stage of their lifecycle, with the object of reducing that impact primarily through setting requirements relating to durability, reparability and recyclability, and the recycled content of products and materials. Regulations may impose requirements on any person connected with a product’s supply chain, and in relation to any type of product other than some specified exceptions.
Subsection (1) sets out that the Schedule is divided into two Parts. Part 1 gives power to the relevant national authority to make regulations about resource efficiency Part 2 will give the relevant national authority power to make regulations about the enforcement of these standards.
Subsection (2) defines the “relevant national authority” in the same way as in section
Subsection (3) makes clear that regulations made under this Schedule by either Welsh Ministers, Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs can only contain provisions that are within their legislative competence.
Subsection (4) makes clear that the Secretary of State must obtain the consent of the appropriate national authority before making provisions in regulations that fall under the legislative competence of another national authority.
Subsection (5) states that regulations made under this Schedule are subject to the affirmative
This section and Schedule 7 extend and apply to England and Wales, Scotland and Northern

Section 54: Deposit schemes

Section 54 and Schedule 8 enable the relevant national authority – namely, the Secretary of State, in relation to England, Welsh Ministers, in relation to Wales, and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, in relation to Northern Ireland – to make regulations establishing deposit schemes. Subsections (3) and (4) allow the Secretary of State to make regulations on behalf of Wales and Northern Ireland, subject to their consent. Subsections (5) and (6) outline the parliamentary procedure for regulations establishing a deposit scheme. Regulations are subject to the negative resolution procedure, except in the below cases when they are subject to the affirmative resolution procedure:
the regulations establish a deposit scheme for the first time;
the regulations are the first to provide for enforcement of a deposit scheme;
the regulations create a criminal offence;
the regulations provide for new civil sanctions; or
the regulations increase the amount or the maximum amount of a fine or monetary penalty, or change the basis on which an amount of maximum amount of a fine or monetary penalty is to be determined.
Subsection (7) and paragraph 1(2) of the Schedule set out what a deposit scheme is. This is a scheme under which a person supplied with a deposit item by a scheme supplier (this might be a producer, retailer or distributor) by way of sale or in connection with the supply of goods or services pays the supplier an amount (the deposit) and a person who gives a deposit item to a scheme collector (this might be a retailer or other return point) is entitled to be paid a refund in respect of that item. This subsection and paragraph 4(2) of the Schedule describe the functions of a deposit scheme administrator, including the powers for a scheme administrator to interact, engage and make payments to a scheme administrator established for a deposit scheme in

Section 55: Charges for single use plastic items

This section introduces Schedule 9 and allows for the making of regulations about charges for single use items in England and Wales and single use plastic items in Northern Ireland.
Subsection (2) defines who the relevant national authority is for the purposes of making regulations under the Schedule; this is the Secretary of State, in relation to England, Welsh Ministers, in relation to Wales and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, in relation to Northern Ireland.
Subsection (3) sets out the circumstances in which the affirmative procedure applies to the making of regulations (namely, where the first set of regulations is made by the relevant national authority under the Schedule, where the regulations contain provision about charging for a new item, where the regulations contain provisions imposing or providing for the imposition of new civil sanctions, or where the regulations increase the maximum amount of a monetary penalty or change the basis on which it is to be determined.) Otherwise, regulations under the Schedule are subject to the negative resolution procedure.

Section 56: Charges for carrier bags

This section amends Schedule 6 to the Climate Change Act 2008 (“the 2008 Act”) by inserting a new paragraph New paragraph 6A makes provision for regulations made under Schedule 6 by the Secretary of State in relation to England, and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland in relation to Northern Ireland, to require sellers of single use carrier bags to register with an administrator. The regulations may also make provision about applications for registration, the period of registration, the cancellation of registration, and the payment of registration fees, including the amount.
Schedule 6 to the 2008 Act contains enabling powers conferred on the relevant national authority to make regulations about charges for single use carrier Section 77(3) of the 2008 Act defines the “relevant national authority” as the Secretary of State in relation to England, the Welsh Ministers in relation to Wales, and the Department of the Environment in Northern Ireland in relation to Northern Ireland. However, new paragraph 6A does not apply to regulations made by Welsh Ministers in relation to Wales.

Section 57: Separation of waste

Section 57 concerns the separation of waste for recycling. It amends the Environmental Protection Act 1990, in particular replacing the current section 45A and inserting new sections 45AZA to 45AZG. It also amends sections 41 (powers to make charging schemes) and 108 (powers of entry) of the Environment Act 1995.
Subsection (2) inserts a new subsection (4A) with additional definitions into section 30 (definitions of authorities) of the Environmental Protection Act 1990. These define “English waste disposal authority” and “English waste collection authority” as those whose area is in England. A waste collection authority is defined in section 30(3) of the Environmental

Protection Act 1990. Given the section 45A duties apply to arrangements made by English waste collection authorities only, this has the effect of limiting the changes in the new section 45A of the Environmental Protection Act 1990 to waste collection authorities in England.

Subsection (3) amends section 33ZA of the Environmental Protection Act 1990, which relates to fixed penalty notices, to omit the definition of “English waste collection authority”. This is because the definition is now provided in the amended section 30 of the Environmental Protection Act 1990.
Subsection (4) amends the Environmental Protection Act 1990 to provide for separate collection of recyclable waste in England. It replaces section 45A with new sections 45A to 45AZG.

New section 45A England: separate collection of household waste

New section 45A concerns separate collection arrangements for household waste for English waste collection authorities. It only applies where a waste collection authority is required to collect household waste in its area under section 45(1)(a) of the Environmental Protection Act 1990. It does not apply if new section 45AZA applies, which relates to the collection of household waste from non-domestic properties.
Subsection (2) states that arrangements for the collection of household waste must meet the conditions in subsections (3) to (8), unless there is a relevant exemption in regulations made under new section These first two conditions (set out in subsections (3) and (4)) require that recyclable household waste must be collected separately from other household waste for recycling or composting. In other words, recyclable waste must be separated from waste that it is destined for incineration or landfill so that the separately collected waste can be recycled or composted. The third condition (set out in subsection (5)) requires that the different recyclable waste streams are collected separately from each other unless subsection (6) applies.
Subsection (6) explains that two or more recyclable waste streams may be collected together if it is not technically or economically practicable to collect them separately from each other, or if collecting the waste separately has no significant environmental benefit. In other words, different recyclable waste streams may be collected together where one of the conditions in paragraph (a) or (b) is met.
Subsection (7) makes clear that under no circumstances may the dry recyclable waste streams (glass, metal, plastic, paper and card) be mixed with the other recyclable waste streams (food and garden waste). This is to minimise or prevent contamination of dry recyclable materials by food or garden waste.
Subsection (8) stipulates that food waste must be collected from households at least once a week by waste collection authorities.
Subsection (9) inserts a new definition of “recyclable household waste”. This is defined as household waste (as defined in section 75(5) of the Environmental Protection Act 1990) that falls within any of the recyclable waste streams stated in subsection (10) and as described in regulations. The regulations will provide further detail about what materials within a recyclable waste stream are suitable for recycling. Some materials may on the face of it fall within a subsection (10) waste stream, but will not in fact be suitable for recycling or composting.
Subsection (10) states that the recyclable waste streams to be collected separately from other household waste are glass, metal, plastic, paper and card, food waste and garden waste.

New section 45AZA England: separate collection of household waste from relevant non- domestic premises

Subsection (1) states that new section 45AZA applies to arrangements to collect household waste from certain non-domestic premises either by persons acting in the course of business, such as a commercial waste collector, or by persons exercising a public function, such as a waste collection authority acting under section 45(1)(a) of the Environmental Protection Act 1990.

Non-domestic premises are defined in subsection (11) (see below).

Subsection (2) sets out that the arrangements must meet the conditions in subsections (3) to (7) unless there is a relevant exemption in regulations made under new section 45AZC. The first two conditions (set out in subsections (3) and (4)) require that recyclable household waste must be collected separately from other household waste for recycling or In other words, recyclable waste must be separated from waste that it is destined for incineration or landfill with the intention of it being recycled or composted. The third condition in subsection (5) requires that the different recyclable waste streams are collected separately unless subsection (6) applies.
Subsection (6) sets out that two or more recyclable waste streams may be collected together if it is not technically or economically practicable to collect them separately from each other, or if collecting the waste separately has no significant environmental benefit. In other words, different recyclable waste streams may be collected together where one of the conditions in paragraph (a) or (b) are met.
Subsection (7) makes clear that under no circumstances may certain dry waste streams (glass, metal, plastic, paper and card) be collected mixed with the other recyclable waste streams (food waste). This is to minimise or prevent contamination of dry recyclable materials by food waste.
Subsection (8) clarifies that persons who present waste for collection must present it in accordance with this section. This means that there is a duty on the persons presenting the waste for collection as well as the persons collecting the However, subsection (8) does not apply where that person is already subject to an equivalent duty as a result of a notice served under section 46 of the Environmental Protection Act 1990 regarding receptacles for household waste.
Subsection (9) inserts a definition of “recyclable household waste”. This is defined as household waste (as defined in section 75(5) of the Environmental Protection Act 1990) that falls within one of the recyclable waste streams set out in subsection (10), which is of a description specified in regulations. The regulations will provide further detail about what materials within a recyclable waste stream are suitable for recycling. Some materials may on the face of it fall within a subsection (10) waste stream, but in fact not be suitable for recycling or composting.
Subsection (10) states that the recyclable waste streams to be collected separately from other household waste are glass, metal, plastic, paper and card, and food waste.
Subsection (11) adds a definition of “relevant non-domestic premises”. This is defined to include residential homes, schools, universities or other places of education and hospitals and nursing Subsection (11)(d) gives the Secretary of State the powers to specify additional types of relevant non-domestic premises in regulations. However, subsection (12) states that such regulations must not define domestic properties as relevant non-domestic premises.

New section 45AZB England: separate collection of industrial or commercial waste

Subsection (1) states that new section 45AZB applies to arrangements for collecting industrial or commercial waste from premises in England, either by persons acting in the course of business, such as a commercial waste collector, or by persons exercising a public function, such as a waste collection authority.
Subsection (2) defines “relevant waste” as waste that is similar in nature and composition to household waste. Where waste is relevant waste, the collection arrangements must meet the conditions in subsections (3) to (7) unless there is a relevant exemption in regulations made under this section. The first two conditions (set out in subsections (3) and (4)) require that recyclable relevant waste is collected separately from other waste for the purpose of recycling or composting. In other words, recyclable relevant waste must be separated from waste that it is destined for incineration or landfill with the intention of it being recycled or composted. The third condition (set out in subsection (5)) requires that the different recyclable waste streams are collected separately, unless subsection (6) applies or unless an exemption applies in regulations made under this section.
Subsection (6) explains that two or more recyclable waste streams may be collected together if it is not technically or economically practicable to collect them separately from each other, or if collecting the waste separately has no significant environmental benefit. In other words, different recyclable waste streams may be collected together where one of the conditions in paragraph (a) or (b) are met.
Subsection (7) makes clear that under no circumstances may certain dry waste streams (glass, metal, plastic, paper and card) be collected mixed with other recyclable waste streams (food waste). This is to minimise or prevent contamination of dry recyclable materials by food
Subsection (8) states that the persons who present waste for collection must present it in accordance with the arrangements and conditions set out in this section. This means that there is a duty on the persons presenting the waste for collection as well as the persons collecting the waste. However, subsection (8) does not apply where that person is already subject to an equivalent duty as a result of a notice served under section 47 of the Environmental Protection Act 1990 regarding receptacles for commercial or industrial waste.
Subsection (9) inserts a definition of “recyclable relevant waste”. This is defined as relevant waste that falls within one of the recyclable waste streams set out in subsection (10) and is also of a description specified in The regulations will provide further detail about what materials within a recyclable waste stream are suitable for recycling.
Subsection (10) defines “recyclable waste streams” as glass, metal, plastic, paper and card and food waste.

New section 45AZC Sections 45A to 45AZB: powers to exempt and extend

New section 45AZC concerns powers for the Secretary of State to make regulations exempting duty holders from certain separate collection duties. It also allows the Secretary of State, if certain conditions are met, to extend the duties to additional recyclable waste streams, for example separate collection of textiles.
Subsection (1)(a) allows the Secretary of State to make regulations to create exemptions from the requirement to collect all recyclable waste streams separately from each other under new sections 45A to 45AZB. In other words, the Secretary of State can make regulations so that specific recyclable waste streams (such as plastics and metal) can always be collected together, without the requirement to consider the specific technical or economic practicability or environmental benefit in subsection (6) of the relevant section.
Subsection (1)(b) allows the Secretary of State to make regulations to create exemptions from the application of the whole of new section 45AZA (separate collection of recyclable household waste from non-domestic premises) or 45AZB (separate collection of recyclable relevant waste). This is to enable the Secretary of State to exempt certain categories of persons from having to comply with these conditions, either at all or for a set period of time.
Subsection (1)(c) also allows the Secretary of State to make regulations to create exemptions from the application of new section 45AZA or new section 45AZB in relation to specific recyclable waste This is to enable the Secretary of State to exempt certain categories of persons from having to comply with the conditions set out in new section 45AZA or new section 45AZB in respect of a particular recyclable waste stream such as food waste.
Subsection (2) sets a condition that the Secretary of State may exercise powers under subsection (1)(a) only if satisfied that collecting two or more materials together would not significantly reduce the potential for the recyclable household waste or relevant recyclable waste to be recycled or composted. This is to ensure mixed collections are only used where there is no impact on the ability to recycle the materials concerned. For example, collecting glass together with paper can impact on the recycling of paper, as very fine glass shards cannot currently be readily separated from the paper fibres and can lead to damage of paper recycling machinery.
Subsection (3)(a) allows the Secretary of State to amend new sections 45A to 45AZB by regulations, in order to add further recyclable waste streams to subsection (10) of those This is so that, as recycling technology improves, it may be possible to recycle items that are not widely recycled now. There are further conditions that must be satisfied so that the Secretary of State can exercise this power. These are set out in subsection (4) below.
Subsection (3)(b) allows the Secretary of State to set out in regulations the extent to which these additional recyclable waste streams need to be collected separately or are able to be collected together with other recyclable waste This is because it may be appropriate to collect an additional recyclable waste together with some of the existing recyclable waste streams or, alternatively, entirely separately. The regulations would be able to specify this.
Subsection (4) sets out that the Secretary of State may only exercise the power to add further recyclable waste streams to new sections 45A(10), 45AZA(10) or 45AZB(10) if they are satisfied that the waste is suitable for recycling or composting, there will be an environmental benefit to recycling or composting it, that all English waste collection authorities are able to make arrangements to collect that new recyclable waste stream, and that it will be possible for the new recyclable waste stream to be sold on for recycling after its collection.
Subsection (5) contains statutory consultation requirements. Before making regulations under this section to add further recyclable waste streams, the Secretary of State must consult the organisations These are the Environment Agency, local authorities, and anyone else the Secretary of State considers appropriate. This is a non-exhaustive list. The consultation requirement in inserted section 45AZE(5) of the Environmental Protection Act 1990 may be met by a consultation before this section comes into force.

New section 45AZD Sections 45A to 45AZB: duties of waste collectors

New section 45AZD introduces additional duties on persons who collect household waste, or commercial and industrial waste that is like household waste in nature and composition.
Under subsection (1), where any person collects or proposes to collect waste under arrangements in new sections 45A to 45AZB, and they will be collecting two or more of the recyclable waste streams co-mingled rather than individually separated, on the basis that it would not be technically or economically practicable to collect individually separated or that there would be no significant environmental benefit in collecting it individually separated, then they will need to carry out a written assessment under subsection (2) of why they have relied on new section 45A(6), 45AZA(6) or 45AZB(6).

New section 45AZE Sections 45 to 45AZD: guidance

Subsection (1) allows the Secretary of State to issue guidance about the duties imposed by sections 45 to 45AZD.
Subsection (2) is a non-exhaustive list of what the Secretary of State’s guidance may contain. This includes guidance on when it may not be technically or economically practicable to collect recyclable household waste or recyclable relevant waste streams separately, or where that separate collection may have no significant environmental benefit; how often household waste other than food waste should be collected; the kinds of waste which are relevant waste for the purposes of new section 45AZB (separate collection of industrial or commercial waste); and assessments made under new section 45AZD (duties of waste collectors).
Subsection (3) states that the guidance may make different provision in relation to new sections 45A to This is to enable the Secretary of State to take account of the fact that there might be different circumstances depending on whether it is household waste from domestic properties, household waste from non-domestic premises, or industrial and commercial waste being collected.
Subsection (4) contains statutory consultation requirements. Before issuing guidance, the Secretary of State must consult the organisations listed. The list includes the Environment Agency, English waste collection authorities (local authorities), and others that the Secretary of State considers It is a non-exhaustive list. The consultation requirement in inserted section 45AZE(4) of the Environmental Protection Act 1990 may be met by a consultation before this section comes into force.
Subsection (6) requires that waste collection authorities, and any party to arrangements regarding the collection of recyclable waste under these sections, must have regard to the
Subsection (7) requires the Secretary of State to lay guidance regarding the separation of waste before Parliament before the guidance is published.

New section 45AZF Sections 45AZA and 45AZB: compliance notices

New section 45AZF concerns compliance notices that the Environment Agency may issue in relation to the duties in new sections 45AZA and 45AZB.
Subsection (1) concerns the Environment Agency issuing compliance notices to persons, other than waste collection authorities, who are parties to the arrangements to collect household waste from non-domestic premises (new section 45AZA duties). This will include hospitals, schools, universities and nursing homes. Compliance notices can also be issued to persons, other than waste collection authorities, who are parties to arrangements to collect industrial and commercial waste that is similar in nature and composition to household waste (new section 45AZB duties). The Environment Agency may issue a compliance notice where a person is failing to comply with their duties in relation to the collection of waste under new sections 45AZA or 45AZB.

Subsection (2) allows the Environment Agency to issue a compliance notice requiring specified steps to rectify the failure within a specified time. This is so that the person in receipt of the notice can take the action detailed in the notice, so that the failure does not carry on.
Subsection (3) sets out what the compliance notice must include in order to be valid. This includes the specific failures to comply with new section 45AZA (household waste from non- domestic premises) or new section 45AZB (industrial and commercial waste), the specific steps to be taken to sort out the failure, the time period within which these steps must be taken, and information on the rights of appeal.
Subsection (4) sets out that if a person fails to comply with a compliance notice, they are committing an Under subsection (5), a person who commits such an offence will have to pay a fine if convicted.

New section 45AZG Sections 45AZA and 45AZB: appeals against compliance notices

New section 45AZG concerns appeals against compliance notices (for which see above).
Subsection (1) sets out that a person who is given a compliance notice may appeal to the First- tier Tribunal against the notice, or any requirement in the notice.
Subsection (2) clarifies that the notice will take effect unless a tribunal decides otherwise. This means that the compliance notice will still have effect, even if the person appeals, until the tribunal quashes or varies the notice or otherwise decides that the notice should not have
Subsection (3) lists the steps that the tribunal may take in relation to a compliance notice that has been appealed. The tribunal may quash, confirm or vary the notice or requirement. The tribunal may take any steps the Environment Agency could take in relation to the failure giving rise to the notice or The tribunal may also send any matter relating to the notice or requirement to the Environment Agency.
Subsection (5) of section 57 amends section 46(2) of the Environmental Protection Act 1990, which relates to receptacles for household waste. This allows Welsh collection authorities to require persons to use separate bins (or compartments) for waste that will be recycled and for waste that will not be recycled. It also allows English waste collection authorities to require persons to use separate bins (or compartments) to help that authority to comply with its duties under new sections 45A or 45AZA.
Subsection (6) of section 57 inserts additional wording into section 47(3) of the Environmental Protection Act 1990, which relates to receptacles for commercial or industrial waste. This wording enables an English waste collection authority to require separate bins or bins with separate compartments in order to comply with the separate collection requirements set out in new section 45AZB relating to commercial and industrial waste.
Subsection (7) of section 57 inserts an additional entry relating to regulations made under new section 45AZC into the table set out in subsection (2) of new section 160A of the Environment Protection Act 1990. New section 160A deals with parliamentary procedure for orders and regulations made under that Act. The effect of the amendment is that any regulations made under new section 45AZC will be subject to the affirmative parliamentary procedure.
Subsection (8) of section 57 inserts some additional wording into section 41(1) of the Environment Act The effect is that the Environment Agency can create a charging scheme to recover its costs in performing duties relating to new sections 45A to 45AZB of the Environmental Protection Act 1990.
Subsection (9) of section 57 amends section 108(15) of the Environment Act 1995 to clarify that the new duties under new sections 45A to 45AZB of the Environmental Protection Act 1990 are not included in the definition of pollution control functions for the purposes of section 108 Environmental Act 1995 powers of entry. The effect of this amendment is that powers of entry and seizure cannot be used in relation to these new duties.

Section 58: Electronic waste tracking: Great Britain

Section 58 amends the Environmental Protection Act 1990 to create powers to introduce electronic (digital) waste tracking in England, Wales and Scotland, and to establish an electronic system for that purpose by regulations.
Subsection (1) introduces amendments that will be made to the Environmental Protection Act 1990 by subsections (2) and (3).
Subsection (2) inserts new sections 34CA and 34CB into the Environmental Protection Act The effect of these two new sections is detailed below.

New section 34CA Electronic waste tracking

Subsection (1) introduces a power to make regulations, exercisable by the relevant national authority (the Secretary of State in England, Welsh Ministers in Wales and Scottish Ministers in Scotland), in order to track certain types of waste, including establishing an electronic waste tracking system.
Subsection (2) allows the regulations to impose requirements on relevant waste controllers (as defined in subsection (12)) in relation to waste tracking. The regulations may also impose requirements on the Environment Agency, Natural Resources Wales or the Scottish Environment Protection Agency. The requirements may include ensuring that specified information about waste and the tracking or regulation of that waste is entered onto the electronic system established under the regulations.
Subsection (3) contains non-exhaustive examples of the information that the regulations can require persons subject to the regulations to enter onto the electronic system. Those examples include information about how waste is processed or treated, where waste has moved to and to whom waste has transferred. It also includes the same information in relation to material that has been produced as a result of the processing or treatment of waste (“relevant waste products”) and information about relevant waste controllers.
Subsection (4) allows the relevant regulations to require persons in control or in possession of waste to ensure waste that is on or is going to be on the system can be physically identified – for example, by tracking waste tyres using radio-frequency identification.
Subsection (5) allows the regulations to make provision for third parties, rather than those in possession or control of the waste, to carry out their duties under the regulations. The regulations may impose requirements on such third parties where those in possession or control of the waste make such arrangements with third parties.
Subsection (6) contains a duty on the relevant national authority that regulations made in relation to electronic waste tracking must include exemptions from the duties under the regulations for digitally excluded persons. These are persons who, either for religious or practical reasons – for example, age, disability or location – cannot use the electronic system. The regulations may impose alternative requirements on such persons.

Subsection (7) allows the regulations to appoint someone else to set up, administer, or maintain the electronic system. The regulations may also give functions to that person.
Subsection (8) allows the regulations to determine how information about the relevant waste on the system is used, who may access it and what limits should be placed on how that information is used by those who have been given access to it.
Subsection (9) allows for the introduction of fees or charges on anyone subject to the regulations. The regulations may state to whom the fee should be paid.
Subsection (10) allows for those fees or charges to reflect the costs of establishing, operating or maintaining the waste tracking system, or any other cost associated with tracking relevant waste incurred by the person designated to establish, operate or maintain the system.
Subsection (11) allows the relevant national authority to provide a grant or loan to the person chosen to set up, maintain or run the waste tracking system.
Subsection (12) provides definitions of “digitally excluded person”, “extractive waste”, “relevant national authority” and “relevant waste”. A “digitally excluded person” is defined as a person who, either for religious or practical reasons – for example, age, disability or location – cannot use the electronic system “Extractive waste” is defined as having the meaning given to it in section 29(13) of the Environmental Protection Act 1990 in England and Wales, and in the Management of Extractive Waste (Scotland) Regulations 2010 in Scotland. “Relevant national authority” is defined as the Secretary of State in England, Welsh Minsters in Wales, and Scottish Ministers in Scotland. “Relevant waste” is defined as controlled or extractive waste (and controlled waste is defined in section 75(4) of the Environmental Protection Act 1990).
Subsection (12) also provides definitions of “relevant waste controller”, “specified” and “waste processing product.” “Relevant waste controller” is defined as a person who is subject to section 34(1) of the Environmental Protection Act 1990 or a person who imports, produces, keeps, treats, manages or disposes of extractive waste or acts as a broker of or dealer in such waste. The relevant waste controller definition also includes persons who export controlled

waste or extractive waste. “Specified” is defined as meaning specified or described in the regulations. “Waste processing product” is defined as any product (including material that is not waste) that results from processing controlled waste or extractive waste.

New section 34CB Further provision about regulations under section 34CA

Subsection (1) allows the regulations made under new section 34CA to specify how the requirements imposed by the regulations will be enforced.
Subsection (2) contains further detail about the enforcement Subsection (2) allows the regulations to create criminal offences for failing to comply with the regulations. The maximum penalty the regulations can specify for committing such an offence is a fine.
Subsection (3) contains further detail about civil sanctions. Subsection (3) allows regulations to enable an enforcing authority to impose civil sanctions on persons for failing to comply with the regulations. The regulations may specify a fixed penalty amount or allow the enforcement authority to determine the amount of civil sanction. The regulations may also include details of any appeals process against a civil sanction imposed under the regulations.

Subsection (4) defines “Civil Sanction” as a type of sanction in Part 3 of the Regulatory

Enforcement and Sanctions Act 2008.

Subsection (5) makes further provision about civil It states that the regulations may impose civil sanctions in cases where the conduct that has led to the sanction need not be an offence. The regulations may impose civil sanctions even if the person imposing them is not a “regulator” within the meaning of the Regulatory Reform and Sanctions Act 2008. The regulations may also impose civil sanctions whether or not the Secretary of State, Welsh Ministers or Scottish Ministers could make provision for such sanctions to be imposed under Part 3 of that Act.
Subsection (6) allows the regulations to make different provisions for different purposes, which might include exempting certain categories of waste controllers or placing different duties on certain categories of waste controllers depending on their circumstances.
Subsection (7) provides the power to make consequential, transitional and similar amendments to legislation, including a power to make such amendments to primary legislation and retained direct EU legislation, by regulations.
Subsection (8) provides definitions of “enforcement authority” and “primary legislation” for the purposes of new section 34CB. “Enforcement authority” is defined as the Environment Agency in England, Natural Resources Wales in Wales, or a waste collection authority for an area in England or Wales or Scottish Environment Protection Agency. “Primary legislation” is defined as an Act of Parliament in relation to regulations made by the Secretary of State, an Act of Parliament or Act or Measure of Senedd Cymru in relation to regulations made by Welsh Ministers, and an Act of Parliament or an Act of the Scottish Parliament in relation to regulations made by Scottish Ministers.
Subsection (3) of section 58 amends the table in section 160A(2) of the Environmental Protection Act 1990, as inserted into that act by this Act. The purpose of the table is to detail the circumstances in which instruments made under those powers are subject to the affirmative procedure. The amendments mean the affirmative parliamentary procedure must be used for the first set of regulations made by the relevant national authority, where the regulations create a criminal offence, increase the maximum penalty for a criminal offence, create a civil sanction or amend primary legislation or retained direct principal EU legislation.
Subsection (4) of section 58 amends section 41(1) of the Environment Act 1995 in relation to the powers of the Environment Agency, Natural Resources Wales and the Scottish Environment Protection Agency to make charging schemes. The amendment inserts paragraph (da) into section 41(1) of the 1995 Act. The effect of that amendment is that the Environment Agency, Natural Resources Wales and the Scottish Environment Protection Agency can make a charging scheme to recover costs incurred when performing their functions in relation to functions given to them by the electronic waste tracking regulations.
Section 58 extends and applies to Great

Section 59: Electronic waste tracking: Northern Ireland

Section 59 amends the Waste and Contaminated Land (Northern Ireland) Order 1997 to create powers to introduce electronic (digital) waste tracking in Northern Ireland, and to create associated criminal offences (punishable by a fine) and civil penalties.
Subsection (2) inserts new Articles 5G and 5H into the Waste and Contaminated Land (Northern Ireland) Order 1997 after Article The effect of these two new Articles is detailed below.

New article 5G Electronic waste tracking

Paragraph (1) introduces a power to make regulations, exercisable by the Department of Agriculture, Environment and Rural Affairs (“the Department”), in order to track certain types of waste, including establishing an electronic waste tracking system.
Paragraph (2) allows the regulations to impose requirements on relevant waste controllers (as defined in paragraph (12)) in relation to waste tracking. The regulations may also impose requirements on the Department or the Northern Ireland Environment Agency. The requirements include ensuring that specified information about the tracking or regulation of waste is entered onto the electronic system established under the regulations.
Paragraph (3) contains non-exhaustive examples of the information that the regulations can require people to enter onto the electronic system. Those examples include information about how waste is processed or treated, where waste has moved to and to whom waste has transferred. It also includes the same information in relation to material that has been produced as a result of the processing or treatment of waste (“relevant waste products”) and information about relevant waste controllers.
Paragraph (4) allows the relevant regulations to require persons in control or in possession of waste to ensure waste that is on or is going to be on the system can be physically identified – for example, tracking waste tyres through radio-frequency identification.
Paragraph (5) allows the regulations to make provision for third parties, rather than those in possession or control of the waste, to carry out their duties under the regulations. The regulations may impose requirements on such third parties.
Paragraph (6) contains a duty on the Department that regulations made in relation to electronic waste tracking must include exemptions from the duties under the regulations for digitally excluded persons, as defined in paragraph (12). These are persons who, either for religious or practical reasons – for example, age, disability or location – cannot use the electronic system. The regulations may impose alternative requirements on such persons.
Paragraph (7) allows the regulations to appoint someone else to set up, administer or maintain the electronic system. The regulations may also give functions to that person.
Paragraph (8) allows the regulations to determine how information about the relevant waste on the system is used, who may access it, and what limits should be placed on how that information is used by those who have been given access to it.
Paragraph (9) allows for the introduction of fees or charges on anyone subject to the The regulations may state to whom the fee should be paid.
Paragraph (10) allows for those fees or charges to reflect the costs of establishing, operating or maintaining the waste tracking system, or any other cost associated with tracking relevant waste incurred by the person designated to establish, operate or maintain the system.
Paragraph (11) allows the Department to provide a grant or loan to the person chosen to set up, run or maintain the waste tracking system.
Paragraph (12) provides definitions of “digitally excluded person”, “extractive waste”, “relevant waste”, “relevant waste controller”, “specified”, and “waste processing product”.

New article 5H Further provision about regulations under Article 5G

Paragraph (1) allows the regulations to make provision about the enforcement of requirements imposed by or under the regulations.
Paragraph (2) allows the creation of criminal offences, including the detail of such offences, for failing to comply with the regulations which can result in a fine.
Paragraph (3) allows the regulations to enable the Department to impose civil sanctions, to determine the amount of a civil sanction if a payment is required under it, to set out what factors should be taken into account when determining the amount, and to include any appeals
Paragraph (4) defines “civil sanction” as a sanction for which provision may be made under

Part 3 of the Regulatory Enforcement and Sanctions Act 2008.

Paragraph (5) clarifies that the regulations allow for the imposition of sanctions whether or not the conduct constitutes an offence.
Paragraph (6) provides the power to make consequential and similar amendments to a number of regulations and consequential amendments to primary legislation by regulations.
Subsection (3) of section 59 amends Article 82 of the Waste and Contaminated Land (Northern Ireland) Order 1997. This inserts paragraphs (1B) and (1C) after paragraph (1A) into Article 82. These paragraphs clarify the Assembly procedure to be used in relation to the new powers contained in new Article 5G. Paragraph (1B) clarifies that paragraph (1) does not apply to regulations mentioned in that In such cases paragraph (1C) applies. The effect of this is that the regulations mentioned in paragraph (1B) are subject to the affirmative Assembly procedure as per paragraph (1C). Paragraph (1B) states the types of regulations that are subject to affirmative Assembly procedure. These affirmative triggers are the first set of regulations made under new Article 5G, the creation of a criminal offence, increasing the maximum penalty for a criminal offence, the creation of a new civil sanction, and amending primary legislation or retained direct principal EU legislation.
Section 59 extends and applies to Northern

Section 60: Hazardous waste: England and Wales

Subsection (1) introduces amendments that will be made to the Environmental Protection Act 1990 by subsections (2) to (4).
Subsection (2) inserts new section 62ZA into the Environmental Protection Act

New section 62ZA Special provision with respect to hazardous waste in England and Wales

Subsection (1) contains a power to make regulations to make provision about, or connected with, the regulation of hazardous waste.
Subsection (2) contains further details about the provision that can be made under the power in subsection (1). This includes prohibitions or restrictions on what can be done with hazardous waste, requirements on how such waste may be kept, the registration of persons in control of hazardous waste, and the keeping and inspection of records related to hazardous waste. Such regulations may also impose civil sanctions or create criminal offences in relation to contraventions of the regulations.
Subsection (3) states the maximum penalty that regulations made under this section can impose in relation to criminal offences. That maximum penalty is two years’ imprisonment.
Subsection (4) introduces a definition of “civil sanctions”. This is defined as the type of sanction in Part 3 of the Regulatory Enforcement and Sanctions Act 2008.
Subsection (5) makes further provision about civil sanctions. It states that the regulations may impose civil sanctions in cases where the conduct which has led to the sanction need not be an offence. The regulations may impose civil sanctions, even if the person imposing them is not a “regulator” within the meaning of the Regulatory Enforcement and Sanctions Act 2008.
Subsection (6) contains further details as to what the regulations may provide for. This includes waste regulation authorities (the Environment Agency in England and Natural Resources Wales in Wales) supervising activities authorised under the regulations as well as the persons who carry out those activities. The regulations may also make provision about those regulators maintaining records (including registers), the regulator or person carrying out an activity in relation to hazardous waste recovering certain expenses or charges, and appeals to the Secretary of State or Welsh Ministers against the decisions of the Environment Agency and Natural Resources Wales respectively.
Subsection (7) clarifies that this section is subject to section 114 of the Environment Act This means that the Secretary of State or Welsh Ministers can appoint another person to determine appeals on certain matters listed in section 114.
Subsection (8) allows the regulations to confer functions on the Secretary of State, Welsh Ministers, the Environment Agency or Natural Resources Wales in relation to hazardous
Subsection (9) is a power to make incidental, consequential and transitional provision, and to allow different provision for different purposes.
Subsection (10) inserts a definition of “mixing.” This is to ensure that any hazardous waste that is mixed or diluted (perhaps to the extent that it is no longer hazardous waste) can still be regulated under regulations made under this section.
Subsection (11) introduces definitions of “activity”, “hazardous waste controller”, “relevant national authority”, and “specified”. “Activity” is defined in relation to hazardous The effect of the definition of “activity” is that anything defined as an activity can be regulated under the new power in relation to hazardous waste. “Activity” includes (among other activities) producing, keeping, treating, transporting, disposing and classifying hazardous waste, and directing and supervising others carrying out such an activity in relation to hazardous waste. “Hazardous waste controller” is defined as any person who carries out an activity (as defined above) in relation to hazardous waste. “Relevant national authority” is defined as the Secretary of State in England and Welsh Ministers in Wales. “Specified” is defined as specified in the regulations made under this section.
Subsection (3) of section 60 amends section 75 of the Environmental Protection Act 1990 to insert a new definition of “hazardous waste” and “waste list”. The new hazardous waste definition is inserted into section 75 of the Environmental Protection Act 1990 in a new subsection (8A) (which applies to England) and (8B) (which applies to Wales). Hazardous waste is defined to include any waste listed in the waste list as hazardous, waste listed as hazardous in regulations made under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020, and waste treated as hazardous for the purposes of regulations made under section 62ZA of that Act or the Hazardous Waste (England and Wales) Regulations 2005 or the Hazardous Waste (Wales) Regulations 2005. The new waste list definition is inserted into section 75 of the Environmental Protection Act 1990 in a new subsection (8C). It is defined as EU Decision 2000/532 (establishing a list of wastes).
Subsection (4) of section 60 amends the table in section 160A(2) of the Environmental Protection Act 1990, as inserted into that Act by this Act. The changes require the affirmative parliamentary procedure to be used where the regulations made under the new section 62ZA create criminal offences, increase the maximum penalty for a criminal offence, or create civil
Subsection (5) of section 60 amends section 41 of the Environment Act 1995. The effect of this amendment is to enable the Environment Agency and Natural Resources Wales to make charging schemes as a means of recovering costs incurred in performing their functions under any regulations made under new section 62ZA of the Environmental Protection Act.
Subsection (6) of section 60 amends section 114 of the Environment Act 1995, so that the Secretary of State can appoint an appropriate person to determine appeals under new section 62ZA of the Environmental Protection Act.

Section 61: Hazardous waste: Northern Ireland

Section 61 amends Articles 30 and 82 of the Waste and Contaminated Land (Northern Ireland) Order 1997.
Subsection (2) amends Article 30 of that Order, which provides for the making of regulations to control the management of special waste (referred to as “hazardous waste” in Article 30(1) of that Order) in Northern Ireland.
Subsection (2)(a) substitutes a new paragraph into Article 30(1) of that Order which incorporates a revised and expanded power to make regulations that make provision for, about, or connected with, the regulation of “hazardous waste”, which it defines as controlled waste that is or may be dangerous or difficult to treat.
Subsection (2)(b) amends Article 30(2) of that Order by inserting new sub-paragraph (za) before sub-paragraph (a) and new sub-paragraph (h) after sub-paragraph (g). New sub-paragraph (za) expands the power in Article 30(1) to allow the regulations to prohibit or restrict the treatment, keeping or disposal of hazardous waste or any other activity in relation to such waste. New sub-paragraph (h) expands the power in Article 30(1) to allow the regulations to contain provision for, about, or connected with the imposition of civil sanctions.

Subsection (2)(c) inserts new paragraphs (2A) and (2B) into Article 30 of that Order. New paragraph (2A) introduces a definition of civil sanctions for the purposes of Article “Civil sanctions” are defined as a type of sanction for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008. New paragraph (2B) makes further provision about civil sanctions. New paragraph (2B) states that regulations made under Article 30 may include civil sanctions even if the conduct leading to the sanction is not an offence or the person imposing them is not a “regulator” within the meaning of Part 3 of the the Regulatory Enforcement and Sanctions Act 2008. New paragraph (2B) allows the Department of Agriculture, Environment and Rural Affairs to make regulations that impose civil sanctions even if the Department cannot make provision for the imposition of civil sanctions under Part 3 of the Regulatory Enforcement and Sanctions Act 2008.

Subsection (2)(d) inserts new paragraphs (3A) into Article 30 of that Order after paragraph (3). Paragraph (3A) enables any regulations made under the power in Article 30 to make consequential, supplementary, incidental, transitional, transitory or saving provision.
Subsection (3) amends Article 82 of that This inserts new paragraphs (1D) and (1E) after paragraph (1C) (as inserted by this Act). These new paragraphs clarify the Assembly procedure to be used in relation to the new powers contained in Article 30. New paragraph (1D) clarifies that Article 82(1) does not apply to regulations made under Article 30 that create a new civil sanction. This means that the creation of a new civil sanction under Article 30 is subject to the affirmative Assembly procedure. New paragraph (1E) states that where Article 82(1) does not apply given Article 82(1D), the affirmative Assembly procedure must be used.

Section 62: Transfrontier shipments of waste

Section 62 amends section 141 of the Environmental Protection Act Section 141 of that Act contains a power to make regulations to prohibit or restrict waste imports and exports. This section amends that section to allow regulations to be made to regulate waste imports or exports or the transit of waste for export.
Subsection (1) introduces amendments that will be made to section 141 of the Environmental Protection Act 1990 by subsections (2) to (8).
Subsection (2) amends the heading of section Paragraph (a) replaces the words “prohibit or restrict” with “regulate”. Paragraph (b) adds “the transit of waste for export” to the heading of the section.
Subsection (3) replaces the existing subsection (1) and adds new subsections (1A) and (1B) to section 141. New subsection (1) gives a power to the Secretary of State to make regulations about, or in connection with, the regulation of waste imports and exports and the transit of waste for export. New subsection (1A) gives further detail on the provision that can be made by those regulations. This includes banning or restricting waste imports and exports, the landing and loading of waste in the UK, loading waste for export, or the transit of waste for New subsection (1B) clarifies that regulations can include matters relating to the intended final destination of the waste or the places the waste will travel through (before reaching its final destination).
Subsection (4) substitutes subsection (3) of section 141 with a new subsection (3). This allows the regulations made under section 141 to confer functions on the Secretary of State, the Environment Agency, Natural Resources Wales the Scottish Environment Protection Agency, or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. Those functions may include functions related to the enforcement of the regulations. The regulations may give those bodies discretion as to how they exercise the functions given to them.
Subsection (5) omits subsection (4) of section 141, because it is redundant given the new subsection (3). New subsection (3) can now be used to confer functions on the Environment Agency, Natural Resources Wales, the Scottish Environment Protection Agency, or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.
Subsection (6)(a) omits paragraph (a) of section 141(5). As with subsection (4), which this section also omits, new subsection (3) means that this paragraph is no longer needed.
Subsection (6)(b) inserts new paragraph (aa) after omitted paragraph (a) of section 141(5). New paragraph (aa) allows the regulations made under this section to allow the Secretary of State to issue directions regarding how the Environment Agency, Natural Resources Wales, the Scottish Environment Protection Agency and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland exercise their functions when regulating waste imports and exports and the transit of waste for export.
Subsection (6)(c) omits “prescribed in or under the regulations” from paragraph (b) of section 141(5).
Subsection (6)(d) inserts new paragraphs (ba) and (bb) after paragraph (b) of section 141(5). New paragraph (ba) allows the regulations to include provisions about fees or charges to the Environment Agency, Natural Resources Wales, the Scottish Environment Protection Agency or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. Such fees and charges are to be paid by persons involved in the import or export of waste, or the transit of waste for export. New paragraph (bb) contains further provision in relation to those fees and charges. This states that the regulations may provide for the Environment Agency, Natural Resources Wales, the Scottish Environment Protection Agency or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland to use those fees or charges to meet the costs they have incurred when regulating waste imports and exports and the transit of waste for export.
Subsection (6)(e) amends paragraph (d) of section 141(5). Subsection (5)(e) substitutes the reference to section 69(3) of the Environmental Protection Act 1990 with a reference to section 108(4) of the Environment Act 1995. This is because section 108(4) of the 1995 Act is a similar provision (conferring similar powers) to section 69(3) of the 1990 Act, and section 69 of the 1990 Act has been repealed. This follows the approach taken in section 140 of the Environmental Protection Act 1990. This amendment allows the regulations to confer powers of entry and seizure in relation to the enforcement of the regulations.
Subsection (6)(f) amends paragraph (e) of section 141(5) and replaces the words “authorities under the regulations” with “waste regulation authorities”. This is to make clear that the reference to “authorities” is to “waste regulation authorities”, as defined in the Environmental Protection Act 1990 (as read with section 141(7)).
Subsection (6)(g) inserts new paragraphs (fa) and (fb) into section 141(5). New paragraph (fa) allows the regulations to make provision allowing HMRC to disclose information to the Environment Agency, Natural Resources Wales, the Scottish Environment Protection Agency or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. New paragraph (fb) allows the regulations to confer functions on customs officials (designated under the Borders, Citizenship and Immigration Act 2009) in relation to seizing or detaining waste that has arrived at or entered into the UK or will go out of the UK.
Subsection (6)(h) inserts new paragraph (h) into section 141(5). New paragraph (h) allows the regulations to make provision about, or connected with the imposition of civil sanctions.
Subsection (7) inserts new subsections (5B) to (5E) into section 141 after subsection (5A).
New subsection (5B) introduces a definition of “civil sanctions”. This is defined as a type of sanction in Part 3 of the Regulatory Enforcement and Sanctions Act 2008.

New subsection (5C) makes further provision about civil sanctions. It states that the regulations may impose civil sanctions in cases where the conduct which has led to the sanction need not be an offence. The regulations may impose civil sanctions, even if the person imposing them is not a “regulator” within the meaning of the Regulatory Enforcement and Sanctions Act 2008.
New subsection (5D) clarifies where regulations made under section 141 can apply. The regulations can make provision in relation to the sea or seabed within the UK Continental Shelf (designated under the Continental Shelf Act 1964) or the exclusive economic zone (designated under the Marine and Coastal Access Act 2009).
New subsection (5E) is a power to make incidental, consequential, supplementary and transitional This includes a power to make such amendments to primary legislation or retained direct EU legislation.
Subsection (8) inserts various definitions into subsection (6) of section Definitions are inserted for “importation”, “exportation”, “primary legislation” and “transit of waste for export”. “Exportation” and “importation” is defined as waste that leaves the UK or waste that arrives at or enters into the UK respectively. “Primary legislation” is defined as an Act of Parliament, a Measure or Act of Senedd Cymru, an Act of the Scottish Parliament, or Northern Ireland legislation (as defined in section 24(5) of the Interpretation Act 1978). “Transit of waste for export” is defined as moving or keeping waste that has arrived in the UK in order to facilitate it leaving the UK.

Subsection (9) amends the table in section 160A(2) of the Environmental Protection Act 1990, as inserted into that Act by the Environment Act 2021. The purpose of the table is to detail the circumstances in which instruments made under those powers are subject to the affirmative parliamentary The amendments mean that the affirmative parliamentary procedure must be used where regulations under section 141 confer new powers of entry, seizure or detention, provide for new fees or charges to be paid, create a criminal offence, increase the maximum penalty for a criminal offence, or create civil sanctions. The affirmative procedure must also be used where section 141 regulations amend primary legislation or retained direct principal EU legislation.
Subsection (10) amends section 41 of the Environment Act 1995. Under section 41, the Environment Agency, Natural Resources Wales and the Scottish Environment Protection Agency can make charging schemes in relation to particular matters. Paragraph (a) substitutes paragraph (d) of section 41 of the 1995 Act with a new paragraph (d). This will allow the Environment Agency, Natural Resources Wales and the Scottish Environment Protection Agency to create a charging scheme to recover their costs in performing their functions in relation to the import or export of waste, or the transit of waste for Paragraph (b) inserts a new subsection after subsection (1) of section 41 of the Environment Act 1995. This inserts new definitions of “importation”, “exportation”, “transit of waste for export” and “waste” for the purposes of section 41(1)(d) of the 1995 Act. Those terms have the same definitions as in section 141 of the Environmental Protection Act 1990 (as inserted by this section).
Subsection (11) amends the Transfrontier Shipment of Waste Regulations 2007. It omits paragraph (1) of regulation This is because the amendments in regulation 46(1) relate to fees, and are no longer needed given the amendment made by subsection (9) above in relation to charging schemes.

Section 63: Regulations under the Environmental Protection Act 1990

Section 63 amends the Environmental Protection Act 1990 by inserting new section 160A, and making consequential amendments to other sections of the These changes consolidate the parliamentary procedure requirements for regulations and orders under the Act, including for regulations and orders made under new powers in the Environment Act.
Subsection (1) of section 63 introduces amendments that will be made to the Environmental Protection Act 1990 by subsections (2) to (5).
Subsection (2) of section 63 inserts new section 160A into the Environmental Protection Act

New section 160A Regulations and orders

Subsection (1) of new section 160A sets out that regulations and orders under the Act are subject to the negative resolution procedure, subject to the exemptions listed in subsections (1)(a) to (d).
Subsection (1)(a) sets out that regulations and orders listed in subsection (2) are subject to the affirmative resolution Subsection (1)(b) sets out that regulations made by a Northern Ireland Department under section 156 of the Act are not subject to the negative resolution procedure. Those regulations are instead subject to the procedure listed in section 156(4) of the Act. Subsections (1)(c) and (d) set out that neither commencement orders nor orders under paragraph 4 of Schedule 3 to the Act (statutory nuisance) are subject to the negative resolution procedure. Such orders are not subject to any parliamentary procedure.
Subsection (2) of new section 160A provides a table detailing which regulations and orders made under the Act are subject to the affirmative resolution procedure. Regulations or orders made under a section listed in the first column of the table that also meet the description listed in the second column of that table are subject to the affirmative resolution procedure.
Any regulations made under section 34D (prohibition on disposal of food waste to sewer: Wales), 45AA(10) (separate collection of waste: Wales), 79(1ZA) (statutory nuisance) and 80ZA(11) (fixed penalty notices) are subject to the affirmative Any regulations made under section 88A (litter from vehicles: England) that set the amount of fixed penalties, detail how that penalty amount will be determined, or amend Part 4 of the Environmental Protection Act 1990 or Part 2 of the London Local Authorities Act 2007 are also subject to the affirmative procedure. Further, any orders made under section 78M(4) (offences of not complying with a remediation notice) are subject to the affirmative procedure. Subsection (3) of new section 160A sets out that when the Secretary of State or Welsh Ministers make regulations or orders under the Environmental Protection Act 1990, those regulations or orders must be made by statutory instrument. However, orders under paragraph 4 of Schedule 3 to the Act do not need to be made by statutory instrument.
Subsection (4) of new section 160A sets out the parliamentary procedure requirements for regulations and orders made or to be made by the Secretary of State. Where regulations or orders made by the Secretary of State Under are subject to the negative resolution procedure, they are subject to annulment in pursuance of a resolution of either House of Where such regulations or orders are subject to the affirmative resolution procedure, a draft of the regulation or order must be laid before Parliament and approved by a resolution of each House of Parliament. Subsections (5) and (6) of new section 160A contain equivalent provision for regulations and orders made by Welsh Ministers and Scottish Ministers respectively.
Subsection (7) of new section 160A allows for regulations or orders that can be made under the Environmental Protection Act 1990 that are subject to the negative resolution procedure to be made subject to the affirmative resolution procedure instead. Provision in regulations and orders that would otherwise be subject to the negative procedure can be included in affirmative regulations or orders.
The remaining subsections ((3) to (5)) of section 63 make further amendments to the Environmental Protection Act 1990, as a consequence of new section 160A.
Subsection (3) of section 63 deletes section 45B(3). Section 45B(3) is no longer needed, because new section 160A(1) applies to orders made under section 45B.
Subsection (4) of section 63 deletes section 78M(7). Section 78M(7) states that orders under section 78M(4) are subject to the affirmative resolution As section 78M(4) is included in the table in section 160A(2), section 78M(7) is no longer needed.

Subsection (5) of section 63 amends section 161 of the Environmental Protection Act Paragraph (a) changes the heading from “regulations, orders and directions” to “Directions”. Paragraph (b) removes subsections (1) to (4) from section 161. The effect of this is that section 161, as amended, only deals with directions under the Act, and not regulations and orders.

Regulations and orders under the Act are instead dealt with in new section 160A, as inserted by this section.

Section 64: Powers to make charging schemes

Section 64 makes amendments to sections 41 and 56 of the Environment Act 1995 to supplement existing charging powers available to the Environment Agency, Natural Resources Wales, and the Scottish Environment Protection Agency (“the Agencies”). These amendments relate to charging schemes and environmental licences for producer responsibility schemes.
Subsection (2) inserts five new paragraphs into section 41(1) of the Environment Act 1995, which creates powers to make charging schemes. Each of these powers is conferred on some or all of the Agencies. New paragraph (n) creates a power to create a charging scheme relating to producer responsibility schemes established under Schedule 4 or 5 of this Act. It allows the Agencies to require payment of charges to them as a means of recovering costs they have incurred in performing the functions conferred on New paragraphs (o) and (p) create the same powers as new paragraph (n) but in relation to the End of Life Vehicles (Producer Responsibility) Regulations 2005 and the Waste Electrical and Electronic Equipment Regulations 2013, respectively. New paragraphs (q) and (r) create a power to create charging schemes to recover costs incurred by the Environment Agency and Natural Resources Wales when performing functions in relation to section 33(1) of the Environmental Protection Act 1990 (preventing the unauthorised or harmful deposit, treatment or disposal etc. of waste) or functions relating to a regulated waste operation under regulation 12(1) of the Environmental Permitting (England and Wales) Regulations 2016. This allows fees to be charged to site operators for interventions at unpermitted waste sites or those in breach of a permit.
Subsection (3)(a)(i) extends the interpretation of the definition of “environmental licence” in section 56(1)(j) in relation to England and Wales. Currently that environmental licence definition only includes Waste Electrical and Electronic Equipment (WEEE) operation with a registered exemption under Schedule 2 to the Environmental Permitting (England and Wales) Regulations 2016. The definition will be amended to include any waste operation (not only a WEEE operation) with a registered exemption under the same regulations. Defining registered waste exemptions as environmental licences allows for charges to be prescribed for them under section 41(2) of the Environment Act 1995.
Subsection (3)(a)(ii) deletes section 56(1)(l) to (o) as it makes reference to WEEE. This is because the definition of “environmental licence” in paragraphs (l) to (o) was used as a way of creating a charging scheme, which is now done by new section 41(1)(p). The same deletions are made in relation to Scotland by subsection 3(b).
Subsection (4) makes provision about how new section 41(1)(n) of the Environment Act 1995 has effect prior to the repeal of section 93 of that Act. This ensures that the power to create a charging scheme in new section 41(1)(n) of the Environment Act 1995 can apply to functions conferred by regulations made under section 93 of the Environment Act 1995, as well as functions conferred by regulations made under Schedule 4 or 5 to this Act, until the repeal of section 93 of the Environment Act 1995 by this Act is fully in force.

Section 65: Waste charging: Northern Ireland

Section 65 amends the Waste and Contaminated Land (Northern Ireland) Order 1997 and the Waste Management Licensing Regulations (Northern Ireland) 2003 to supplement existing charging powers available to the Department of Agriculture, Environment and Rural
Subsection (1) adds new Article 76A to the Waste and Contaminated Land (Northern Ireland) Order 1997 to provide the Department of Agriculture, Environment and Rural Affairs with a power to prescribe charges to be paid to it in relation to costs incurred by it in performing the functions referred to in paragraph (2) of that Article. These functions are functions set out in a number of pieces of subordinate legislation, including Article 4(1) of that Order (Prohibition on unauthorised or harmful deposit, treatment or disposal etc., of waste) and regulation 18(1) of the Waste Management Licensing Regulations (Northern Ireland) 2003. This allows for fees to be charged for interventions at unlicensed waste sites or those in breach of a licence.
Other functions referred to in Article 76A(2) relate to extended producer responsibility. These are functions conferred by regulations made under Schedule 4 or 5 to this Act, the End-of-Life Vehicles Regulations 2003, the End-of-Life Vehicles (Producer Responsibility) Regulations 2005, the Waste Batteries and Accumulators Regulations 2009, and the Waste Electrical and Electronic Equipment Regulations 2013. These functions allow the Department to levy fees in relation to its prescribed requirements in existing and future producer responsibility regimes.
Any charging scheme made under the powers that Article 76A will provide must describe who is liable to pay specified charges, and the Department of Agriculture, Environment and Rural Affairs must consult such persons as it considers to be appropriate before making any charging scheme under the Article.
Subsection (2) makes provision about how Article 76A(2)(c) of the Waste and Contaminated Land (Northern Ireland) Order 1997 has effect prior to the repeal of Article 3 of the Producer Responsibility Obligations (Northern Ireland) Order 1998 (“the 1998 Order”). This ensures that the power to create a charging scheme in new Article 76A(2)(c) of the Waste and Contaminated Land (Northern Ireland) Order 1997 can apply to functions conferred by regulations made under Article 3 of the 1998 Order, as well as functions conferred by regulations made under Schedule 4 or 5 to this Act, until the repeal of Article 3 of the 1998 Order by this Act is fully in
Subsection (4) amends regulation 17 (exemptions from waste management licensing) of the Waste Management Licensing Regulations (Northern Ireland) 2003 to require that the fee required under new regulation 20B (which is being inserted by subsection (6) of this section) for an application for an exemption from waste management licensing requirements has to be paid in order for an exemption to apply.
Subsection (5) amends regulation 18 (registration in connection with exempt activities) of the Waste Management Licensing Regulations (Northern Ireland) 2003 to ensure that any notice provided by an establishment or undertaking in respect of the registration of an exemption is to be accompanied by payment of the appropriate fee as may be required under regulation 20B. Subsection (5) further amends regulation 18, adding to the list of exemptions which apply for only one year in paragraph (9), omitting paragraph (12) which lists the current charges payable for exempt activities, and updating the reference in paragraph (11)(b) so that it refers to new regulation 20B (which is being inserted by subsection (6) of this section) instead of paragraph (12).
Subsection (6) creates new regulation 20B in the Waste Management Licensing Regulations (Northern Ireland) 2003, which provides the Department of Agriculture, Environment and Rural Affairs with power to make a charging scheme in respect of fees and charges for registration in connection with exempt activities. New regulation 20B requires that fees and charges, which may be provided for by the scheme, for applications for registering and renewing an exemption and in respect of the subsistence of registrations, are paid to the Department. New regulation 20B further allows for the scheme to provide for different fees depending on the nature of the activities, to set out the times and manners in which payments of fees and charges are to be made, and to provide for reductions in fees where an applicant is applying for multiple exemptions and specified conditions are The charging scheme may also specify charges in respect of the subsistence of registrations.

Section 66: Enforcement powers

Section 66 introduces Schedule 10 to amend legislation relating to enforcement powers for waste and other environmental matters.

Section 67: Enforcement powers: Northern Ireland

Subsection (1) amends Article 27 of the Waste and Contaminated Land (Northern Ireland) Order 1997.
Subsection (2) amends paragraph (2) of Article 27 to account for circumstances in which waste might be taken to an appropriate storage site in the first instance, or otherwise not directly treated or disposed of.
Subsection (3) inserts new paragraph (2A) after paragraph (2) of Article Sub-paragraph (a) allows the Department to direct a registered carrier of controlled waste to collect specified waste and deliver it to a specified site. Sub-paragraph (b) allows the Department to direct a keeper of controlled waste, or the owner or occupier of the land on which the waste is being kept, to facilitate the collection of the waste by the specified waste carrier.
Subsection (5) amends paragraph (4) of Article 27 to reflect the amendment to paragraph (2) of that Article.
Subsection (6) inserts new paragraph (4A) after paragraph (4) of Article Sub-paragraph (a) allows the Department to direct the keeper of the controlled waste or the owner or occupier of the land on which the waste is being kept to pay the waste carrier’s reasonable costs. Sub- paragraph (b) allows the Department to direct the keeper of the controlled waste or the owner or occupier of the land on which the waste is being kept to pay the reasonable costs of the person the waste is delivered to.
Subsections (4), (7) and (8) amend paragraphs (3), (5) and (6) of Article 27 respectively, to make these provisions relevant to all of Article 27.
Subsection (9) amends paragraph (7) of Article 27 to clarify that the Department may choose to pay the reasonable costs incurred by the registered carrier of controlled waste or the specified person to whom the waste is delivered under paragraph (4) or new paragraph (4A).
Subsection (10) amends paragraph (8) of Article 27 so as to make the definition of “specified”

relevant to all of Article 27.

Section 68: Littering enforcement

Section 68 amends Part 4 of the Environmental Protection Act 1990 (“the 1990 Act”) in relation to enforcement against litter, and other offences of littering from a vehicle and the unauthorised distribution of free printed material.
Under section 88 of the 1990 Act, litter authorities (as defined under section 88(9) of the 1990 Act) may authorise members of their staff, or contractors operating on their behalf, to issue fixed penalty notices in lieu of prosecution for these offences. The income from fixed penalty notices is (in most cases) retained by the litter authority, and must be used for functions under Part 4 of the 1990 Act. Section 88(11) of the 1990 Act allows the appropriate person to make regulations which “prescribe conditions to be satisfied by a person before a parish or community council may authorise him in writing for the purpose of giving [fixed penalty notices for littering]”. The “appropriate person” is the Secretary of State in relation to England, and the Welsh Ministers in relation to Wales.
Subsection (2) replaces existing subsection (11) of section 88 of the 1990 Act with new subsections (11) to (13). New subsection (11) confers a power for the appropriate person to prescribe conditions by regulations that must be met by an authorised officer operating on behalf of a litter authority, and to make provision requiring a litter authority to revoke an officer’s authorisation if that officer fails to meet the prescribed conditions. Regulations under new subsection (11) will be subject to the negative resolution procedure. New subsection (12) clarifies that different provision can be made for different cases – for example, to enable transitional arrangements for existing authorised officers to be made when new conditions are prescribed. New subsection (13) requires the appropriate person to consult such persons as the appropriate person considers appropriate before making regulations under new subsection (11).
Subsection (3) inserts new section 88B into the 1990 Act. This new section contains a power for the appropriate person to issue statutory guidance to litter authorities on the exercise of “littering enforcement functions” by them and their authorised officers. New section 88B(2) requires litter authorities to have regard to any such guidance when exercising those functions (including when exercising control over the way in which their authorised officers carry out those functions on the authority’s behalf). New section 88B(4) requires the appropriate person to consult such persons as the appropriate person considers appropriate before issuing guidance. This is likely to mean litter authorities, authorised officers, and the public. New sections 88B(5) and (6) require guidance inserted under section 88B of the Environmental Protection Act 1990 concerning littering enforcement to be laid before Parliament or Senedd Cymru as appropriate, before it is published. New section 88B(7) contains definitions of “littering enforcement function”, making clear that the scope of the guidance may cover enforcement functions related to any of the three offences in Part 4 of the 1990 Act, as well as connected purposes. These functions include:
setting fixed penalty levels;
authorising enforcement officers;
issuing penalty notices;
collecting and processing payments;
initiating and pursuing prosecutions; and
designating land (for the purposes of Schedule 3A to the 1990 Act).
Subsection (4) amends section 98(1A)(b) of the 1990 Act. Section 98(1A) defines “appropriate person” for the purposes of Part 4 of the 1990 Act, and the amendment updates this section by replacing “National Assembly for Wales” with “Welsh Ministers”.

Section 69: Fixed penalty notices

Section 69 amends sections 33ZA, 33ZB, 34ZA and 34ZB of the Environmental Protection Act 1990 to allow the level of fixed penalty notices (FPNs) under those sections, and the time period under which a less amount may be treated as payment of the fixed penalty, to be varied. This could, for example, be to reflect inflation, changes to the cost of waste disposal, or changing waste management The exact level of fixed penalty notices are set by local authorities to reflect local needs, within a range prescribed in legislation. The Environment Agency and Natural Resources Wales can also set levels for penalties issued by them under sections 34ZA and 34ZB, within a range prescribed in legislation. A FPN is a financial penalty that gives a person the chance to pay a fixed amount of money by a set date. If the penalty is paid by the set time, that person is no longer criminally liable for that offence and no further action will be taken.
Subsections (2) and (3) amend sections 33ZA (fixed penalty notices relating to unauthorised depositing, treatment of disposal of waste: England) and 33ZB (fixed penalty notices relating to unauthorised depositing, treatment of disposal of waste: Wales) respectively. Subsections (2)(a) and 3(a) remove the specified ten-day early payment period in which an English or Welsh waste collection authority may choose to offer a discounted penalty, and allows that period to be specified by the authority Subsections (2)(b) and 3(b) allow for the Secretary of State and Welsh Ministers to amend by regulations any of the penalty amounts currently specified in subsections (9) and (10) of sections 33ZA and 33ZB.
Subsections (4) and (5) amend sections 34ZA (FPNs relating to transfer of household waste by the occupier of a domestic property: England) and 34ZB (FPNs relating to transfer of household waste by the occupier of a domestic property: Wales) respectively. Subsections (4)(a) and (5)(a) remove the specified ten-day period an enforcement authority in England or Wales may choose to allow a lesser payment for, and allow that period to be specified by the Subsections (4)(b) and (5)(b) allow for the Secretary of State and Welsh Ministers to amend by regulations any of the penalty amounts currently specified in subsections (7), (8) and (9) of section 34ZA, and the standard and lesser penalty amounts currently specified in subsections (7) and (8) of section 34ZB.
Section 69 forms part of the law of England and Wales and extends to England and

Section 70: Regulation of polluting activities

Section 70 amends Schedule 1 to the Pollution Prevention and Control Act 1999, which sets out the purposes for which the Secretary of State can make regulations under Section 2 of that The current purpose set out in paragraph 4 of Schedule 1 relates to the prohibition of operating an installation or plant of a specified description without a permit. In other words, under paragraph 4 of Schedule 1, the Secretary of State is able to make regulations relating to permits and also exemptions from permits.
Subsection (2) inserts a new sub-paragraph into paragraph 4 of Schedule 1, setting out a new purpose for which regulations can be made. This allows the Secretary of State to prohibit an activity unless it meets conditions determined by the Environment Agency and/or Natural Resources Wales in accordance with the regulations. This enables the Environment Agency and/or Natural Resources Wales to set conditions for exempt activities, which do not require a permit, but only relating to activities specified by the Secretary of State in regulations and only within the confines specified by the Secretary of State in regulations. This new purpose sits in addition to the existing purpose in paragraph 4 set out above.
Section 70 forms part of the law of England and

Section 71: Waste regulation: amendment of Northern Ireland Order

Subsection (1) amends Article 2(2) of the Waste and Contaminated Land (Northern Ireland) Order 1997 to reflect departmental changes in the Northern Ireland The Department of Agriculture, Environment and Rural Affairs has taken over the relevant responsibilities under the 1997 Order from the previous Department of the Environment.
Subsection (2) makes the necessary transitional

Subsection (1) provides that regulations made under section 74(1) may impose a duty on both manufacturers and distributors to notify the Secretary of State if they consider that a relevant product does not meet an environmental standard.
Subsection (2) provides that the Secretary of State may in the regulations confer investigative and information gathering powers on themselves for the purposes of deciding whether to issue a compulsory recall notice.
Subsections (3) to (5) provide that the Secretary of State may in the regulations make provision about enforcement of the regulations, including about the designation of an enforcement authority, the imposition of financial penalties, powers of entry to take documents and samples where there are reasonable grounds for suspecting a manufacturer or distributor has failed to comply with a requirement imposed by or under the regulations, and for appeals against the imposition of a financial penalty.

Section 77: Interpretation of sections 74 to 76

This section defines terms used in this Part of the

Schedule 8: Deposit schemes

Power to establish deposit schemes

1484 Paragraph 1 provides a general power for the “relevant national authority” (as defined in

section 54(2)) to make regulations establishing deposit schemes.

1485 Sub-paragraph (1) provides that regulations can be made for the purposes of sustaining, promoting or securing an increase in recycling, reuse, or to reduce the incidence of littering or fly-tipping.

1486 Sub-paragraph (2) sets out what a deposit scheme is. This is a scheme under which a person supplied with a deposit item by a scheme supplier (this might be a producer, retailer or distributor) pays the supplier an amount (the deposit) and a person who gives a deposit item to a scheme collector (this might be a retailer or to another return point) is then entitled to be paid a refund in respect of that item.

1487 Sub-paragraph (3) sets out what a deposit item is. This is an item specified in regulations that is supplied by way of sale or in connection with the supply of goods or services. By way of example, this might be a drinks container or disposable cutlery.

1488 Sub-paragraph (4) sets out that a deposit scheme may specify the circumstances in which a deposit or refund is to be paid.

1489 Sub-paragraph (5) provides that “scheme suppliers” and “scheme collectors” are to be defined in the regulations, it provides that a scheme supplier and a scheme collector is someone who is a supplier or producer of a deposit item. A scheme collector may also be a scheme administrator. By way of example, a scheme supplier might be a producer, distributor or retailer of a drinks container. Scheme collectors, which might be a retailer or the scheme administrator, host return points, refund deposits and handle the material that has been collected.

1490 Sub-paragraph (6) provides that the deposit scheme may set a deposit amount specified in regulations, or an amount determined by the scheme administrator or an amount determined (and published) by the relevant national authority.

1491 Sub-paragraph (7) gives a definition of the word “specified”.

Scheme suppliers

1492 Paragraph 2 provides that regulations may impose requirements on scheme suppliers, including:

taking steps to ensure deposits are paid for the deposit item;
how items are marked to identify them as deposit items;
the retention of deposits; paying deposits to other scheme suppliers, scheme collectors or to a scheme administrator;
ensuring a proportion of deposit items are returned to scheme collectors; keeping records in connection with the scheme; and
providing those records or other information in connection with the scheme to a scheme administrator.

1493 The requirements may be different for different scheme suppliers.

Scheme collectors

1494 Paragraph 3 provides that regulations may impose requirements on scheme collectors, including:

paying those who return a deposited item a refund;
arranging for the recycling of any items returned or disposing of those items in accordance with the scheme; and
ensuring a proportion of deposit items are returned to scheme collectors, keeping records in connection with the scheme and providing those records or other information in connection with the scheme to a scheme administrator.

1495 The requirements may be different for different scheme collectors.

Deposit scheme administrators

1496 Paragraph 4(1) provides that regulations may appoint or make provision for the appointment of a deposit scheme administrator.

1497 Sub-paragraph (2) sets out the functions that regulations may confer on the scheme administrator. These include:

the registration of scheme suppliers and scheme collectors;
charging registration fees;
giving directions to the scheme suppliers and scheme collectors in relation to the requirements placed on them under the deposit scheme;
ensuring a proportion of deposit items are returned to scheme collectors;
arranging for the recycling of any items returned, or disposing of those items in accordance with the scheme;
making payments to scheme collectors to reimburse them for any refunded deposits they have paid out;
the retention of amounts that they have received under the deposit scheme, including determining how these amounts should be utilised;
payments to other scheme administrators; and
keeping records and providing these records to the relevant national

1498 Sub-paragraph (3) specifies that, where there is more than one scheme administrator, different functions may be conferred on different scheme administrators by a deposit scheme.

1499 Sub-paragraph (4) provides that regulations may confer a power on the relevant national authority to give directions to a scheme administrator as to how the scheme administrator should exercise their functions under the scheme.

1500 Sub-paragraph (5) defines the word “specified” for this paragraph.

Enforcement

1501 Paragraph 5 makes provision for the enforcement of a “relevant requirement” (defined in sub- paragraph (5) as a requirement imposed by regulations or under a deposit scheme) and for offences and penalties.

1502 Sub-paragraph (2) provides that regulations may make provision for the appointment of an enforcement authority, the provision of records and information to persons specified in the regulations, a failure to comply with a relevant requirement to constitute an offence, about such offences, and the imposition of civil sanctions in respect of failures to comply with relevant requirements.

1503 Sub-paragraph (3) defines “civil sanction” as a sanction of a kind referred to in Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (“the 2008 Act”) – that is, a fixed monetary penalty, discretionary requirement, stop notice or enforcement undertaking.

1504 Sub-paragraph (4) outlines that regulations may include provision for the imposition of sanctions of that kind, whether or not the enforcement authority is a regulator or the conduct in respect of which the sanction is imposed is a relevant offence for the purposes of Part 3 of the 2008 Act, or the relevant national authority may make provision for the imposition of sanctions under that Part.

1505 Sub-paragraph (5) provides definitions as described above.

Interpretation

1506 Paragraph 6 defines words used in the Schedule.

Schedule 9: Charges for single use items

General power

1507 Paragraph 1 provides a general power for the “relevant national authority” (as defined in section 55(2)) to make regulations about charging by sellers of goods or services for single use items in England and Wales and single use plastic items in Northern Ireland. Powers to define what is meant by “sellers” are set out in paragraph 3.

1508 Sub-paragraphs (2) and (4) define what a single use item is. Sub-paragraphs (3) and (4) define what a “single use plastic item” is. This is a manufactured item, which in the case of subparagraph (3) is made wholly or partly of plastic, that is likely to be used only once (or for a short period of time) before being disposed of, and which is supplied in connection with good or services.

1509 Sub-paragraphs (5) and (6) state that an item is supplied in connection with goods and services if it is supplied at the place the goods or services are sold so that the goods can be taken away, used consumed or delivered. For example, this might be a food container or other packaging made from plastic (in Northern Ireland) or plastic or any other material (in England and Wales).

Requirement to charge

1510 Paragraph 2 provides that the regulations may require sellers of goods or services to charge for single use items in England and Wales and single use plastic items in Northern Ireland specified in those regulations.

Sellers of goods and services

1511 Paragraph 3 provides that “sellers” in relation to goods or services are to be defined in the

regulations, including by reference to one or more of the following:

a person’s involvement in selling goods services;
a person’s interest in the goods or services or;
a person’s interest in the premises at or from which the goods or services are

1512 It provides that the regulations may apply to a range of different sellers, including all sellers of goods and services and sellers identified by reference to factors specified in the regulations. The factors that may be specified in the regulations may include the place from which the goods or services are sold, the type and value of goods or services supplied and the seller’s turnover.

Amount of charge

1513 Paragraph 4 provides that the regulations may specify the minimum amount that sellers must charge for each single use item or provide for that amount to be determined in accordance with the regulations.

Administration

1514 Paragraph 5 contains powers to appoint an administrator to administer the provisions made by

the regulations and clarify references in the Schedule to “an administrator”.

Registration

1515 Paragraph 6 provides that the regulations may require sellers to register with an administrator and make provision about applications for registration, the period of registration and the cancellation of registration. The regulations may also provide for sellers to pay registration fees, and specify the amount.

Record-keeping and publication of records

1516 Paragraph 7 provides that the regulations may require records to be kept in relation to charges made for single use items in England and Wales and single use plastic items in Northern Ireland, including records relating to the amounts received by the seller by way of charges and the uses to which the proceeds of the charge are put. The regulations may also require that this information is published and is made available to the relevant national authority, an administrator or members of the public upon request.

1517 Sub-paragraph (4) defines “gross proceeds of the charge” and “net proceeds of the charge” for

the purposes of this paragraph.

Enforcement

1518 Paragraph 8 provides that the regulations may confer powers and duties on an administrator in order to enforce the regulations and in particular, to enable the administrator to obtain relevant documents and information or question a seller (or their officers or employees) where the administrator reasonably believes that there has been a breach of the regulations.

Civil sanctions

1519 Paragraph 9 provides that the regulations may include civil sanctions to deal with breaches of requirements in the regulations.

1520 Sub-paragraph (2) provides that the regulations may make provision for appeals.

1521 Sub-paragraph (3) state that or the purposes of this paragraph, a “civil sanction” is a sanction of

a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (“the 2008 Act”) – that is, fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings.

1522 Sub-paragraph (4) outlines that regulations may include provision for the imposition of sanctions of that kind, whether or not the enforcement authority is a regulator or the conduct in respect of which the sanction is imposed is a relevant offence for the purposes of Part 3 of the 2008 Act, or the relevant national authority may make provision for the imposition of sanctions under that Part.

Schedule 6: Resource efficiency information

Part 1: Requirements

General power

1441 Paragraph 1(1) is a power which enables the relevant national authority, as defined in section 52, to make product-specific regulations setting requirements to provide information about a product’s resource efficiency.

1442 Sub-paragraph (2) exempts food products, medicinal products and veterinary medicinal products from being subject to regulations made under this measure. These types of products are already extensively regulated and it is not considered appropriate to impose further regulation relating to provision of information about their resource efficiency.

1443 Sub-paragraph (3) allows regulations to be made in relation to the packaging of those products listed in sub-paragraph (2).

Meaning of “information about resource efficiency”

1444 Paragraph 2(1) defines “information about resource efficiency” as any information which is relevant to the product’s impact on the natural environment and which falls within sub- paragraph (2) or (3). “Natural environment” has the same meaning as in section 44.

1445 Sub-paragraphs (2) and (3) together provide an exhaustive list of the types of information about a product which can be required to be provided under these powers. Sub-paragraph (2)

includes information relating to the product’s expected life, durability, reparability and upgradeability and the ways in which it can be disposed of at the end of its life. For example, regulations might require information to be given about whether spare parts are available to accommodate repair, the potential to remanufacture the product or whether the materials used in the product are recyclable. Sub-paragraph (3) includes types of information relating to the impact of the product on the natural environment; these include the materials and techniques used in its manufacture, the resources consumed during its production or use, and the pollutants (such as greenhouse gases) released or emitted during production, which includes both the extraction of raw materials and the manufacturing process, as well as use or disposal.

Persons on whom requirements may be imposed

1446 Paragraph 3 sets out the persons who may be subject to requirements under regulations made under this measure. This is limited to persons who are involved in the manufacture, import, distribution, sale or supply of the product. This may include someone who supplies a product by way of hire or lease.

Examples of provision that may be made

1447 Paragraph 4 gives examples of provision that may be made. These include provisions around:

How information about the product is to be provided. This may, for example, be through affixing a label or through providing information in a manual accompanying the product or on the manufacturer’s website.
Giving certain bodies the authority to determine whether the product has the characteristics which it is described to have on the label or in other information accompanying the product. For example, if a label is required to be affixed to

packaging in order to state whether or not it is a recyclable, regulations may contain a provision giving someone the function of determining whether the packaging is indeed recyclable or not. This body will also publish the results of their determinations.

Additional examples include mandatory labelling of clothing in respect of durability, expected lifetime or recycled content, or information about nappies and other absorbent hygiene products covering their environmental performance and impact.
Specifying a scheme for classifying products, such as a ‘rating label’ scheme assessing

how well products meet criteria relating to resource efficiency.

Requiring information about a product to be determined according to specified criteria. This criteria could be based on the results of the determinations or classification schemes set out above.

Consultation etc requirements

1448 Paragraph 5 contains the steps the relevant national authority must follow, and the matters to which the authority must have regard, before making product specific regulations under Part 1 of this Schedule.

1449 Sub-paragraph (1) sets out that they must consult any persons they consider appropriate, as well as having regard to the matters set out in sub-paragraph (2). These are that the product has a significant impact on natural resources at any stage of its production, use or disposal; that the benefits of the regulations outweigh the costs associated with complying with them; and whether any exemptions or special provisions should made for smaller businesses.

1450 Sub-paragraph (3) provides that the consultation requirement in paragraph 5 of Schedule 6 may be met by a consultation before paragraph 5 comes into force.

Interpretation

1451 Paragraph 6 contains definitions for the purposes of Part 1 of this Schedule. In particular, it defines “product” as including a product which is a component part of, or packaging of another product. This could for example include food or drinks packaging, which could be labelled with a ‘recyclable/ non-recyclable’ marking.

Part 2: Enforcement

General power

1452 Paragraph 7 gives the relevant national authority power to make regulations containing provision for the enforcement of resource efficiency information requirements.

Powers to confer functions

1453 Paragraph 8(1) sets out that regulations may confer enforcement functions on one or more bodies. Those bodies will be specified in the regulations.

1454 Sub-paragraph (2) sets out that these functions may involve the enforcement body exercising discretion in relation to the exercise of their enforcement functions. It also outlines that the enforcement body may authorise another body to carry out one or more of its functions on its behalf.

1455 Sub-paragraph (3) sets out that regulations may also include a provision requiring the enforcement authority to develop guidance relating to its enforcement activities.

Monitoring compliance

1456 Paragraph 9 sets out that regulations may include provisions on compliance with the regulations. This includes provisions which confer the function of monitoring compliance with resource efficiency information requirements onto an enforcement authority.

Records and information

1457 Paragraph 10 sets out that regulations may include provision on records and information relevant to monitoring the enforcement of these measures. These may require persons who have obligations to keep records and provide them to an enforcement authority if needed. The regulations may also provide that the enforcement authority makes reports or provides information about their enforcement activity to the relevant national authority.

Powers of entry etc

1458 Paragraph 11 sets out that regulations may confer on enforcement authorities powers of entry, inspection, examination, search and seizure. Regulations may make provision that such powers are only exercisable under the authority of a warrant, issued by a justice of the peace, sheriff, summary sheriff or lay magistrate. Regulations may also make provision about how applications for and the execution of warrants may be made. Regulations must provide that where powers are conferred to either enter premises by force, enter a private dwelling without the consent of the occupier; or search and seize material, the authority of a warrant must be obtained.

Sanctions

1459 Paragraph 12 enables regulations to include provision for the imposition of civil sanctions or creating criminal offences.

1460 Sub-paragraph (1)(a) sets out that regulations may provide for the imposition of civil sanctions in the following circumstances:

for failure to comply with any of the requirements under Parts 1 and 2 of these regulations; or

where there has been an obstruction of or failure to assist a person carrying out enforcement functions.

1461 Sub-paragraph (1)(b) sets out that regulations may also include provision on appeals against such sanctions.

1462 Sub-paragraph (2) sets out that regulations may include provision on creating criminal offences punishable with a fine under the following circumstances:

in respect of failures to comply with civil sanctions imposed under Part 2 of this schedule; or

where there has been the obstruction of, or failure to assist, an enforcement authority when they are carrying out their functions.

1463 Sub-paragraph (3) defines “civil sanction” as a sanction of a kind referred to in Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (“the 2008 Act”) – that is, a fixed monetary penalty, discretionary requirement, stop notice or enforcement undertaking.

1464 Sub-paragraph (4) outlines that regulations may include provision for the imposition of sanctions of that kind, whether or not the conduct in respect of which the sanction is imposed is an offence, or the enforcement authority is a regulator for the purposes of Part 3 of the 2008 Act, or the relevant national authority may make provision for the imposition of sanctions under that Part.

Costs

1465 Paragraph 13(a) sets out that regulations may include provision requiring persons subject to resource efficiency requirements to pay costs incurred by an enforcement authority in administering and enforcing those requirements. This power could be used, for example, to enable an enforcement authority to charge a manufacturer or supplier its costs of testing a product which fails to comply with resource efficiency requirements.

1466 Sub-paragraph (b) provides that regulations may authorise a court or tribunal to award costs incurred by the enforcement authority.

Consultation requirement

1467 Paragraph 14 requires the relevant national authority to consult before making enforcement regulations. This the consultation met by a consultation before paragraph 14 comes into force.

Schedule 7: Resource efficiency requirements

Part 1: Requirements

General power

1468 Paragraph 1(1) is a power which enables the relevant national authority, as defined in section 53, to make product-specific regulations setting requirements relating to a product’s resource efficiency.

1469 Sub-paragraph (2) exempts energy-related products as defined in the Ecodesign for Energy- Related Products Regulations 2010 (S.I. 2010/2617)), food products, medicinal products and veterinary medicinal products from being subject to regulations made under this measure. The resource efficiency of energy-related products may be regulated under separate powers. Food and medicines are already extensively regulated so it is not considered appropriate to impose further regulation relating to resource efficiency of those products.

1470 Sub-paragraph (3) allows regulations to be made in relation to the packaging of those products listed in sub-paragraph (2).

Meaning of “resource efficiency requirements”

1471 Paragraph 2(1) defines “resource efficiency requirements” as any requirement which is relevant to the product’s impact on the natural environment and which falls within sub-paragraphs (2) or (3). “Natural environment” has the same meaning as in section 44.

1472 Sub-paragraphs (2) and (3) together provide an exhaustive list of types of resource efficiency requirements which may be made about a product. Sub-paragraph (2) includes requirements relating to aspects of the product’s design which affect its expected life, the product’s durability, reparability, and upgradeability, including potential for being remanufactured and the ways in which it can be disposed of at the end of its life. This would enable, for example, a requirement that the product is designed so it can be disassembled, and that spare parts are to be made available in order to facilitate repair. It would also enable a requirement for materials used in the product to be recyclable.

1473 Sub-paragraph (3) includes other requirements relating to the impact of the product on the natural environment: these include the materials and techniques used in its manufacture, the resources consumed during its production or use (for example, water or fuel), and the pollutants (such as greenhouse gases) released or emitted during its production, which includes extraction of raw materials, as well as use or disposal. This would enable, for example, a requirement that timber used in a product must be sustainably sourced.

1474 Sub-paragraph (4) provides for resource efficiency standards to be specified either in the regulations or by reference to standards prepared by a third person, which may be pre-existing standards such as an ISO standard.

Persons on whom requirements may be imposed

1475 Paragraph 3 sets out the persons who may be subject to requirements under regulations made pursuant to this measure. These are limited to those who are involved in the manufacture, import, distribution, sale or supply of the product. This may include someone who supplies a product by way of hire or lease.

Examples of provision that may be made

1476 Paragraph 4 gives examples of provisions that may be made. These include, in sub-paragraph (1), provisions which prohibit a product from being distributed, sold or supplied if it fails to meets the requirements in the regulation, and provisions requiring persons involved in a product’s supply chain to keep records or information about the product and provide this to other such persons where appropriate.

1477 Sub-paragraph (2)(a) sets out that regulations may also include provision about how and by whom determinations about a product’s compliance with resource efficiency regulations may be made. Sub-paragraph (2)(b) enables regulations to provide for appeals against such determinations. Sub-paragraph (2)(c) enables provision to be made about evidencing a

product’s compliance with resource efficiency requirements, for example requirements to affix a label or apply a marking to a product.

Consultation etc requirements

1478 Paragraph 5 sets out the steps the relevant national authority must follow, and matters of which the authority must be satisfied, before making product-specific regulations under Part 1 of this Schedule.

1479 Sub-paragraph (1) requires the relevant national authority to consult such persons as the authority considers appropriate, and to publish for the purposes of the consultation an assessment of the matters of which it is required to be satisfied before making regulations, and a draft of the regulations. The consultation requirement in paragraph 5 of Schedule 7 may be met by a consultation before paragraph 5 comes into force.

1480 Under sub-paragraphs (3) to (5), those matters are:

that the product has a significant impact on the natural environment (if there are no existing regulations under Part 1 of this Schedule applying to the product);
that the regulations would be likely to reduce that impact (in all cases);
that the benefits would be significant as against the likely costs of the regulations; and
that a reduction in the product’s environmental impact could not be achieved as

effectively by other means.

1481 Sub-paragraph (6) sets out that the relevant national authority must also consider whether exemptions should be given or other special provision made for smaller businesses. “Smaller businesses” is not defined in the Schedule, so that there is flexibility for regulations relating to different products to apply exemptions or special provisions to different descriptions of smaller businesses. The need for exemptions or special provisions, and the businesses to which they should apply, will be considered as part of the impact analysis.

Interpretation

1482 Paragraph 6 contains definitions for the purposes of Part 1 of this Schedule. In particular, it defines “product” as including a product which is a component part of, or packaging for, another product. A component part could, for example, be the engine of a vehicle.

Part 2: Enforcement

1483 This Part gives the relevant national authority powers to make regulations containing provision for the enforcement of resource efficiency requirements. The powers are identical to those in Part 2 of Schedule 6 (resource efficiency information).

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