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Waste and Emissions Trading Act 2003

Type Public General Act
Publication 2003-11-13
Last updated 2024-01-01
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API
  • (c) in relation to Wales, on such day as the National Assembly for Wales may by order appoint;
  • (d) in relation to Northern Ireland, on such day as the Department of the Environment may by order appoint.
  • (3) Section 18 comes into force on such day as the Scottish Ministers may by order appoint.
  • (4) Sections 19 and 35(c) come into force on such day as the National Assembly for Wales may by order appoint.
  • (5) Section 20 comes into force on such day as the Department of the Environment may by order appoint.
  • (6) Section 32(1) to (9) comes into force at the end of the period of two months beginning with the day on which this Act is passed.
  • (7) Section 35(a) comes into force—
  • (a) in relation to England, on such day as the Secretary of State may by order appoint;
  • (b) in relation to Wales, on such day as the National Assembly for Wales may by order appoint.
  • (8) Any power under this section to appoint a day includes power to appoint different days for different purposes.
  • (9) A person who has power under this section to appoint a day for the coming into force of a provision may by order make in connection with the coming into force of that provision such transitional provision as the person considers necessary or expedient.
  • (10) Any power to make an order under this section is exercisable by statutory instrument, subject to subsection (11).
  • (11) Any power of the Department of the Environment to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Extent

41
  • (1) Subject to the following provisions, this Act extends to England and Wales, Scotland and Northern Ireland.
  • (2) Sections 17, 19, 29 to 31, 32(1) to (11), 33, 34 and 35(a) and (c) extend only to England and Wales.
  • (3) Section 18 extends only to Scotland.
  • (4) Section 20 extends only to Northern Ireland.
  • (5) Sections 32(12), 35(b) and 38 extend only to England and Wales, and Scotland.

Short title

42

This Act may be cited as the Waste and Emissions Trading Act 2003.

Non-target years

Strategy for Wales

Joint municipal waste management strategies: England

Interpretation of Chapter 3

Meaning of “waste” in Part 1 Meaning of waste in Part 1

Joint municipal waste management strategies: England

Interpretation of Chapter 3

Editorial notes

1

S. 32 partly in force; s. 32(10)(11) in force at Royal Assent; s. 32(1)-(9) in force 13.1.2004 see s. 40(6)

2

S. 2 in force at 20.4.2004 by S.I. 2004/1163, art. 2

3

S. 39 in force at 20.4.2004 by S.I. 2004/1163, art. 2

4

S. 4 in force at 25.6.2004 for W. by S.I. 2004/1488, art. 2

5

S. 5 in force at 25.6.2004 for W. by S.I. 2004/1488, art. 2

6

S. 9 in force at 25.6.2004 for W. by S.I. 2004/1488, art. 2

7

S. 10 in force at 25.6.2004 for W. by S.I. 2004/1488, art. 2

8

S. 19 in force at 25.6.2004 by S.I. 2004/1488, art. 2(1)

9

S. 35(a) in force at 25.6.2004 for W. by S.I. 2004/1488, art. 2

10

S. 35(c) in force at 25.6.2004 by S.I. 2004/1488, art. 2(1)

11

S. 1 in force at 20.7.2004 by S.I. 2004/1874, art. 2

12

S. 17 in force at 20.7.2004 by S.I. 2004/1874, art. 2

14

S. 4 in force at 17.9.2004 for N.I. by S.R. 2004/399, art. 2(1)(a)

15

S. 5 in force at 17.9.2004 for N.I. by S.R. 2004/399, art. 2(1)(b)

16

S. 9 in force at 17.9.2004 for N.I. by S.R. 2004/399, art. 2(1)(c)

17

S. 10 in force at 17.9.2004 for N.I. by S.R. 2004/399, art. 2(1)(d)

18

S. 20 in force at 17.9.2004 by S.R. 2004/399, art. 2(2)

19

S. 4 in force at 3.12.2004 for E. by S.I. 2004/3181, art. 2(a)

20

S. 5 in force at 3.12.2004 for E. by S.I. 2004/3181, art. 2(a)

21

S. 10(1) in force at 3.12.2004 for E. by S.I. 2004/3181, art. 2(a)

22

S. 3 in force at 3.12.2004 by S.I. 2004/3192, art. 2

25

S. 35(b) in force at 1.1.2005 by S.I. 2004/3320, art. 2

26

S. 32(12) in force at 1.1.2005 by S.I. 2004/3320, art. 2

27

S. 35(a) in force at 1.1.2005 for E. by S.I. 2004/3321, art. 2

28

S. 31 in force at 1.1.2005 by S.I. 2004/3319, art. 2

29

S. 4 in force at 3.2.2005 for S. by S.S.I. 2005/52, art. 2(a)

30

S. 5 in force at 3.2.2005 for S. by S.S.I. 2005/52, art. 2(a)

31

S. 10(1) in force at 3.2.2005 for S. by S.S.I. 2005/52, art. 2(a)

32

S. 10(2) in force at 1.4.2005 for E. by S.I. 2004/3181, art. 2(b)

33

S. 10(2) in force at 1.4.2005 for S. by S.S.I. 2005/52, art. 2(b)

34

S. 9 in force at 1.4.2005 for E. by S.I. 2004/3181, art. 2(b)

35

S. 9 in force at 1.4.2005 for S. by S.S.I. 2005/52, art. 2(b)

36

S. 18 in force at 1.4.2005 by S.S.I. 2005/52, art. 2(b)

63

Words in s. 24(5) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(33)(a); S.I. 2015/994, art. 6(g)

68

Word in s. 20 heading heading substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 14(a)

73

Words in s. 37 heading inserted (E.W.N.I.) (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 5(3)(a)(i)

Pollution regulations: emissions trading schemes

Commencement

Regulations under Chapter 1: consultation

Interpretation of Chapter 3

Interpretation of Chapter 3

Meaning of “waste” in Part 1 Meaning of waste in Part 1

Commencement

Commencement

Joint municipal waste management strategies: England

Regulations under Chapter 1: consultation

Meaning of “waste” in Part 1 Meaning of waste in Part 1

Penalty provisions of UK Greenhouse Gas Emissions Trading Scheme 2002

Extent

Penalty provisions of UK Greenhouse Gas Emissions Trading Scheme 2002

Non-target years

Strategy for Wales

Regulations under Chapter 1: consultation

Meaning of “waste , recovery and disposal” in Part 1

Penalty provisions of UK Greenhouse Gas Emissions Trading Scheme 2002

Meaning of “the Mining Waste Directive” in section 37: England and Wales

37A
  • (1) In section 37(4)(a)(iii), “the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries, read in accordance with subsections (2) to (5).
  • (2) Article 2 is to be read as if—
  • (a) in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with subsection (4);
  • (b) paragraphs 3 and 4 were omitted.
  • (3) Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EC” there were substituted “ Article 3(1) of the Waste Directive, as read with Articles 5 and 6 of that Directive ”.
  • (4) For the purposes of subsection (2)(a), Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy is to be read as if—
  • (a) the reference to “Member States” were a reference to the appropriate authority or appropriate agency;
  • (b) in the words after the final indent, “environmental objectives”—
  • (i) in relation to the Northumbria River Basin District, means the environmental objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245);
  • (ii) in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99);
  • (iii) in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.
  • (5) In subsection (4)—
  • “appropriate agency” and “appropriate authority” have the meanings given in section 37(9);
  • “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407).

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