Environment Act 2021

• (2) In considering whether to exercise its power under paragraph 1(1) or 2(1), the matters to which the Upper Tribunal is to have regard include—

• (a) whether there has been any material change of circumstance since the making of the original agreement, in particular—

• (i) change in the character of the land to which the obligation relates or of the neighbourhood of that land;

• (ii) change affecting the enjoyment of the land to which the obligation relates;

• (iii) change affecting the extent to which performance of the obligation is, or is likely in future to be, affordable;

• (iv) change affecting the extent to which performance of the obligation is, or is likely in future to be, practicable;

• (b) whether the obligation serves any conservation purpose it had—

• (i) when the original agreement was entered into, or

• (ii) if the obligation has since been modified (whether by agreement or by the Upper Tribunal), when the obligation was modified,

as the case may be; and

• (c) whether the obligation serves the public good.

• (3) In considering whether to exercise its power under paragraph 1(1), the matters to which the Upper Tribunal is to have regard also include—

• (a) whether any conservation purpose which the obligation in question had when the original agreement was entered into could be served equally well by an obligation relating to different land in respect of which the applicant holds a qualifying estate; and

• (b) whether, if an order under paragraph 1(1) were made, such an alternative obligation could be created by means of a conservation covenant.

• (4) In considering, for the purposes of this paragraph, affordability or practicability in relation to performance of an obligation, change in the personal circumstances of a person bound by the obligation is to be disregarded.

• (5) In this paragraph references to the original agreement, in relation to an obligation under a conservation covenant, are to the agreement containing the provision which gave rise to the obligation.

Supplementary powers

4

• (1) The Upper Tribunal may include in an order under paragraph 1(1) or 2(1) provision requiring the applicant to pay compensation in respect of loss of benefit resulting from the order.

• (2) Compensation under sub-paragraph (1) shall be payable to such person at such time and be of such amount as the order may provide.

5

• (1) The Upper Tribunal may, if it considers it reasonable to do so in connection with the discharge under paragraph 1(1) of an obligation under a conservation covenant, include in the order discharging the obligation provision making the discharge conditional on the entry by the applicant and the responsible body under the covenant into a conservation covenant agreement containing such provision as the order may specify.

• (2) The power under sub-paragraph (1) is exercisable only with the consent of the applicant and the responsible body.

PART 2 — Modification by Upper Tribunal

Power to modify on application by landowner or responsible body

6

• (1) The Upper Tribunal may, on the application of a person bound by, or entitled to the benefit of, an obligation under a conservation covenant by virtue of being the holder of an estate in land, by order modify the obligation in respect of any of the land to which it relates.

• (2) The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph (1) the responsible body under the covenant.

7

• (1) The Upper Tribunal may, on the application of the responsible body under a conservation covenant, by order modify an obligation under the covenant in respect of any of the land to which it relates.

• (2) The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph (1) any person who, by virtue of being the holder of an estate in land, is bound by, or entitled to the benefit of, the obligation to which the application relates.

8

The power under paragraph 6(1) or 7(1) does not include power to make a change to an obligation which, had it been included in the original agreement, would have prevented the provision of the agreement which gave rise to the obligation being provision in relation to which the conditions in section 117(1)(a) were met.

Deciding whether to modify

9

• (1) The Upper Tribunal may exercise its power under paragraph 6(1) or 7(1) if it considers it reasonable to do so in all the circumstances of the case.

• (2) In considering whether to exercise its power under paragraph 6(1) or 7(1), the matters to which the Upper Tribunal is to have regard include—

• (a) whether there has been any material change of circumstance since the making of the original agreement, in particular—

• (i) change in the character of the land to which the obligation relates or of the neighbourhood of that land;

• (ii) change affecting the enjoyment of the land to which the obligation relates;

• (iii) change affecting the extent to which performance of the obligation is, or is likely in future to be, affordable;

• (iv) change affecting the extent to which performance of the obligation is, or is likely in future to be, practicable;

• (b) whether the obligation serves any conservation purpose it had—

• (i) when the original agreement was entered into, or

• (ii) if the obligation has since been modified (whether by agreement or by the Upper Tribunal), when the obligation was modified,

as the case may be; and

• (c) whether the obligation serves the public good.

• (3) In considering, for the purposes of this paragraph, affordability or practicability in relation to performance of an obligation, change in the personal circumstances of a person bound by the obligation is to be disregarded.

Supplementary powers

10

• (1) The Upper Tribunal may include in an order under paragraph 6(1) or 7(1) provision requiring the applicant to pay compensation in respect of loss of benefit resulting from the order.

• (2) Compensation under sub-paragraph (1) shall be payable to such person at such time and be of such amount as the order may provide.

11

• (1) The Upper Tribunal may, if it considers it reasonable to do so in connection with the modification under paragraph 6(1) of an obligation under a conservation covenant, include in the order modifying the obligation provision making the modification conditional on the entry by the applicant and the responsible body under the covenant into a conservation covenant agreement containing such provision as the order may specify.

• (2) The power under sub-paragraph (1) is exercisable only with the consent of the applicant and the responsible body.

Effect of modification

12

• (1) The modification of an obligation by an order under this Part binds—

• (a) the parties to the proceedings in which the order is made, and

• (b) any person who, as respects any of the land to which the modification relates, becomes a successor of a person bound by the modification.

• (2) For the purposes of sub-paragraph (1) “successor of a person bound by the modification” means a person who holds, in respect of any of the land to which the modification relates—

• (a) the estate held by the person so bound when the order modifying the obligation was made, or

• (b) an estate in land derived (whether immediately or otherwise) from that estate after the order modifying the obligation was made.

Interpretation

13

In this Part, references to the original agreement, in relation to an obligation under a conservation covenant, are to the agreement containing the provision which gave rise to the obligation.

SCHEDULE 19

PART 1 — General

Application of Part 7

1

Part 7 applies in relation to Crown land as it applies in relation to any other land, subject to the provisions of this Schedule.

Interpretation

2

• (1) In this Schedule—

• (a) “Crown land” means land in relation which there is an estate in land of a kind listed in column 1 of the following Table, and

• (b) “the appropriate authority”, in relation to any Crown land, means the authority specified in column 2 for the estate in land in question.

Estate in land	Appropriate authority
Estate belonging to Her Majesty in right of the Crown (other than estate vesting as bona vacantia)	The Crown Estate Commissioners or other government department having management of the land
Estate vesting in Her Majesty in right of the Crown as bona vacantia	The Treasury Solicitor
Estate belonging to Her Majesty in right of Her private estates	A person appointed by Her Majesty under the Royal Sign Manual, or, if no such appointment is made, the Secretary of State
Estate belonging to Her Majesty in right of the Duchy of Lancaster	The Chancellor of the Duchy of Lancaster
Estate belonging to the Duchy of Cornwall	Such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints
Estate belonging to a government department or held in trust for Her Majesty for the purposes of a government department	That department

• (2) References in this Schedule to Part 7 are to Part 7 of this Act (apart from this Schedule and Schedule 20).

• (3) If any question arises as to what authority is the appropriate authority in relation to any Crown land, that question is to be referred to the Treasury, whose decision is final.

• (4) In this paragraph the reference to Her Majesty’s private estates is to be read in accordance with section 1 of the Crown Private Estates Act 1862.

Demesne land

3

• (1) Where land belongs to Her Majesty in right of the Crown but is not held for an estate in fee simple absolute in possession—

• (a) Her Majesty in right of the Crown is to be regarded for the purposes of Part 7 and this Schedule as holding an estate in fee simple absolute in possession in the land, and

• (b) any estate granted or created out of the land is to be regarded for those purposes as derived from that estate in fee simple.

• (2) The land referred to in sub-paragraph (1) does not include land which becomes subject to escheat on the determination of an estate in fee simple absolute in possession in the land if—

• (a) it is land to which an obligation under a conservation covenant related when the estate determined, or

• (b) it is not land to which such an obligation related at that time and Her Majesty in right of the Crown has not taken possession or control of the land, or entered into occupation of it.

Land subject to escheat

4

• (1) This paragraph applies where land becomes subject to escheat on the determination of an estate in fee simple absolute in possession in land to which an obligation under a conservation covenant relates.

• (2) The conservation covenant is not terminated on the determination of that estate, even though the appropriate authority has no liability in respect of the obligation unless and until the Crown—

• (a) takes possession or control of the land, or enters into occupation of it, or

• (b) becomes the holder of—

• (i) an estate granted by the Crown out of the land, or

• (ii) an estate in land derived (whether immediately or otherwise) from an estate falling within sub-paragraph (i).

• (3) If the Crown takes possession or control of the land, or enters into occupation of it—

• (a) the Crown is to be regarded for the purposes of Part 7 and this Schedule as holding an estate in fee simple in possession in the land, and

• (b) that estate is to be regarded for those purposes as immediately derived from the determined estate.

• (4) If the Crown grants an estate out of the land after having previously taken possession or control of the land, or entered into occupation of it, the estate is to be regarded for the purposes of Part 7 and this Schedule as immediately derived from the estate mentioned in sub-paragraph (3)(a).

• (5) But if the Crown grants an estate out of the land without having previously taken possession or control of the land, or entered into occupation of it—

• (a) the acts of the Crown in granting that estate are not to be regarded for the purposes of Part 7 and this Schedule as taking possession or control of the land, or entering into occupation of it, and

• (b) the new estate is to be regarded for those purposes as immediately derived from the determined estate.

• (6) In this paragraph and paragraph 5 “the Crown” means Her Majesty in right of the Crown or of the Duchy of Lancaster, or the Duchy of Cornwall, as the case may be.

Bona vacantia

5

• (1) This paragraph applies where an estate in land to which an obligation of the landowner under a conservation covenant relates vests in the Crown as bona vacantia.

• (2) The appropriate authority has no liability in respect of the obligation in relation to any period before the Crown takes possession or control of the land or enters into occupation of it.

PART 2 — Conservation covenants relating to Crown land held by a person other than the appropriate authority

Agreements for the purposes of section 117

6

• (1) If Crown land which is a qualifying estate is held by a person other than the appropriate authority, the appropriate authority may, as respects that qualifying estate, enter into a conservation covenant agreement, in place of the holder of the estate.

• (2) An authority that enters into such an agreement by virtue of sub-paragraph (1) is to be treated for the purposes of section 117 as the holder of the qualifying estate (instead of the person in whose place the authority is acting).

Modification of Part 7 in relation to obligations under certain Crown conservation covenants

7

• (1) Paragraphs 8 to 12 modify Part 7 in its application to obligations under a conservation covenant created by an agreement entered into by virtue of paragraph 6(1).

• (2) In those paragraphs, in relation to an obligation under the conservation covenant—

• “the appropriate authority” means the appropriate authority with respect to the estate in land of the original landowner which is the qualifying estate in relation to the obligation, and

• “the original landowner” means the person who held the qualifying estate when the agreement was entered into.

8

References in Part 7 to an obligation of the landowner under a conservation covenant are to be read as references to an obligation of the appropriate authority under the conservation covenant.

9

• (1) Section 122 has effect with the following modifications in its application to an obligation mentioned in paragraph 8.

• (2) In subsection (2)—

• (a) in paragraph (a), the reference to the landowner under the covenant is to be read as a reference to the appropriate authority, and

• (b) in paragraph (b), the reference to the landowner under the covenant is to be read as a reference to the original landowner.

• (3) In subsection (3) the reference to the landowner under the covenant is to be read as a reference to the original landowner.

• (4) In subsection (4)—

• (a) in the opening words and in paragraph (b), the reference to the landowner under the covenant is to be read as a reference to the appropriate authority,

• (b) in the opening words, the reference to a successor of that landowner is to be read as a reference to a successor of the original landowner, and

• (c) in paragraph (b), the reference to land in relation to which the landowner ceases to be the holder of the qualifying estate is to be read as a reference to land in relation to which the original landowner ceases to be the holder of the qualifying estate.

• (5) Subsection (5)(c) has effect, if the successor’s immediate predecessor was the original landowner, as if the reference to the successor’s immediate predecessor were a reference to the appropriate authority.

10

• (1) Section 123 has effect with the following modifications in its application to an obligation of the responsible body under the conservation covenant.

• (2) In subsection (1)—

• (a) in paragraph (a), the reference to the landowner under the covenant is to be read as a reference to the appropriate authority, and

• (b) in paragraph (b), the reference to the landowner under the covenant is to be read as a reference to the original landowner.

• (3) In subsection (2) the reference to the landowner under the covenant is to be read as a reference to the original landowner.

• (4) In subsection (3)—

• (a) in the opening words and in paragraph (b), the reference to the landowner under the covenant is to be read as a reference to the appropriate authority,

• (b) in the opening words, the reference to a successor of that landowner is to be read as a reference to a successor of the original landowner, and

• (c) in paragraph (b), the reference to land in relation to which the landowner ceases to be the holder of the qualifying estate is to be read as a reference to land in relation to which the original landowner ceases to be the holder of the qualifying estate.

11

In section 129(4)(b) and (5) the references to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the original landowner.

12

In Schedule 18—

• (a) the references in paragraphs 1(1) and 6(1) to a person bound by, or entitled to the benefit of, an obligation under a conservation covenant by virtue of holding an estate in land are to be read as references to the appropriate authority;

• (b) the references in paragraphs 2(2) and 7(2) to any person who by virtue of holding an estate in land is bound by or entitled to the benefit of an obligation are to be read as references to the appropriate authority;

• (c) the references in paragraph 12(1)(b) and (2) to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the original landowner.

PART 3 — Other modifications of Part 7

Cases where estate in land to which conservation covenant relates has been acquired by the Crown and is held by person other than the appropriate authority

13

• (1) Paragraphs 14 to 17 apply where the estate in land by virtue of which a person is a successor of the landowner under a conservation covenant is held by or on behalf of the Crown by a person other than the appropriate authority.

• (2) In sub-paragraph (1) “successor” (in relation to the landowner under the covenant) means a person who holds, in respect of any of the land to which any obligation under the covenant relates—

• (a) the qualifying estate, or

• (b) an estate in land derived (whether immediately or otherwise) from the qualifying estate after the creation of the covenant.

14

In section 122—

• (a) subsections (2)(b), (3) and (4) have effect as if the estate in land were held by the appropriate authority, and

• (b) subsection (5)(c) has effect, in relation to a disposal of the estate in land, as if the successor’s immediate predecessor were the appropriate authority.

15

In section 123—

• (a) subsections (1)(b), (2) and (4) have effect as if the estate in land were held by the appropriate authority, and

• (b) subsection (4) has effect as if the reference to the successor were a reference to the appropriate authority.

16

• (1) In section 129(4)(b) and (5) references to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the person in whose place the appropriate authority acts.

• (2) In section 129(4)(b) and (5) references to a successor of a person bound by the modification (where the person bound is not the appropriate authority) are to be read as if the estate in any of the land to which the modification relates which is held by the person in whose place the appropriate authority acts were held by the appropriate authority.

17

In Schedule 18—

• (a) the reference in paragraph 6(1) to a person bound by an obligation under a conservation covenant by virtue of holding an estate in land is to be read as a reference to the appropriate authority;

• (b) the reference in paragraph 7(2) to any person who is bound by or entitled to the benefit of an obligation by virtue of holding an estate in land is to be read as a reference to the appropriate authority;

• (c) the references in paragraph 12(1)(b) and (2) to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the person in whose place the appropriate authority is acting.

Agreements under section 127(1) and (3)

18

• (1) This paragraph applies where, in respect of any of the land to which an obligation of the landowner under a conservation covenant relates, the qualifying estate is held by or on behalf of the Crown by a person other than the appropriate authority.

• (2) The appropriate authority may enter into an agreement under section 127(1) or (3) in place of the holder of that estate.

• (3) An agreement entered into by virtue of sub-paragraph (2) is to be treated for the purposes of section 127(4)(c) as entered into by virtue of the estate in land held by the person in whose place the appropriate authority enters into the agreement.

Agreements under section 128(1)

19

• (1) This paragraph applies if the responsible body under a conservation covenant enters into an agreement under section 128(1) in relation to an obligation which it owes to the other party to the agreement by virtue of paragraph 10(2)(a) or 15(a).

• (2) If the other party is entitled to the benefit of the obligation by virtue of paragraph 10(2)(a), the reference in section 128(2)(c) to the estate in land by virtue of which the power is exercisable is to be read as a reference to the estate in land held by the person in whose place the other party acted in entering into the agreement which gave rise to the obligation.

• (3) If the other party is entitled to the benefit of the obligation by virtue of paragraph 15(a), the reference in section 128(2)(c) to the estate in land by virtue of which the power is exercisable is to be read as a reference to the estate in land which the other party is treated by paragraph 15(a) as holding.

Agreements under section 129(1)

20

• (1) Sub-paragraph (2) applies where a person who—

• (a) is bound by an obligation of the landowner under the covenant by virtue of paragraph 9(2)(a), or

• (b) is entitled to the benefit of the obligation of the responsible body under a conservation covenant by virtue of paragraph 10(2)(a),

exercises the power under section 129(1) to modify the obligation.

• (2) The reference in section 129(3)(c) to the estate in land by virtue of which the power is exercisable is to be read as a reference to the estate in land held by the person in whose place the person exercising that power acted in entering into the agreement which gave rise to the obligation.

21

• (1) Sub-paragraph (2) applies where a person who—

• (a) is bound by an obligation of the landowner under a conservation covenant by virtue of paragraph 14(a), or

• (b) is entitled to the benefit of an obligation of the responsible body under a conservation covenant by virtue of paragraph 15(a),

exercises the power in section 129(1) to modify the obligation.

• (2) The reference in section 129(3)(c) to the estate in land by virtue of which the power is exercisable is to be read as a reference to the estate in land which the person is treated by paragraph 14(a) or 15(a) as holding.

SCHEDULE 20

Acquisition of Land Act 1981 (c. 67)

1

The Acquisition of Land Act 1981 is amended as follows.

2

• (1) Section 12 (notice of compulsory purchase by local and other authorities) is amended as follows.

• (2) In the title, for “and occupiers” insert “, occupiers and others”.

• (3) In subsection (2)—

• (a) omit the “or” at the end of paragraph (a), and

• (b) at the end of paragraph (b) insert

, or (c) the person is entitled to the benefit of an obligation under a conservation covenant (within the meaning of Part 7 of the Environment Act 2021) relating to the land.

3

• (1) Paragraph 3 of Schedule 1 (notice of compulsory purchase by Ministers) is amended as follows.

• (2) In the title, for “and occupiers” insert “, occupiers and others”.

• (3) In sub-paragraph (2)—

• (a) omit the “or” at the end of paragraph (a), and

• (b) at the end of paragraph (b) insert

, or (c) the person is entitled to the benefit of an obligation under a conservation covenant (within the meaning of Part 7 of the Environment Act 2021) relating to the land.

Housing and Planning Act 2016 (c. 22)

4

The Housing and Planning Act 2016 is amended as follows.

5

• (1) Section 203 (power to override easements and other rights) is amended as follows.

• (2) In subsections (1)(b) and (4)(b)—

• (a) the words after “breaching” become sub-paragraph (i), and

• (b) after that sub-paragraph insert

, or (ii) an obligation under a conservation covenant.

• (3) In subsection (10)—

• (a) omit the “or” at the end of paragraph (a), and

• (b) at the end of paragraph (b)(ii) insert

, or (c) a breach of an obligation under a conservation covenant owed to the National Trust.

6

• (1) Section 204 (compensation for overridden easements etc) is amended as follows.

• (2) In subsection (1), after “section 203” insert “(1)(a) or (b)(i) or (4)(a) or (b)(i)”.

• (3) After subsection (1) insert—

(1A) But a person is not liable to pay compensation under this section for breaching an obligation under a conservation covenant.

7

In section 205(1) (interpretation), at the appropriate place insert—

• “obligation under a conservation covenant” has the same meaning as in Part 7 of the Environment Act 2021;

.

Neighbourhood Planning Act 2017 (c. 20)

8

The Neighbourhood Planning Act 2017 is amended as follows.

9

In section 20 (notice requirements relating to taking temporary possession), at the end insert—

(10) For the purposes of subsection (1), a person entitled to the benefit of an obligation under a conservation covenant is to be treated as having an interest in the land to which the obligation relates.

10

In section 23 (compensation), after subsection (5) insert—

(5A) For the purposes of subsections (2) and (3), the person is not entitled to compensation under this section by virtue of being the person entitled to the benefit of an obligation under a conservation covenant.

11

• (1) Section 27 (powers of acquiring authority in temporary possession of land) is amended as follows.

• (2) In subsection (3)—

• (a) omit the “or” at the end of paragraph (a), and

• (b) at the end of paragraph (b), insert

, or (c) causing a person to be in breach of an obligation under a conservation covenant relating to the land.

• (3) After subsection (4) insert—

(4A) The acquiring authority is not bound by an obligation under a conservation covenant relating to the land by virtue of acquiring a right to use the land under this section.

• (4) In subsection (6)—

• (a) omit the “or” at the end of paragraph (a), and

• (b) at the end of paragraph (b), insert

, or (c) a use of land that causes a person (or, if the person were to permit or suffer the use, would cause the person) to be in breach of an obligation under a conservation covenant relating to the land owed to the National Trust.

12

In section 30 (interpretation), at the appropriate place, insert—

• “obligation under a conservation covenant” has the same meaning as in Part 7 of the Environment Act 2021;

.

SCHEDULE 21

Amendment of the REACH Regulation

1

• (1) The Secretary of State may by regulations amend the REACH Regulation.

• (2) The Secretary of State may make regulations under this paragraph only if the Secretary of State considers that the provision made by the regulations is consistent with Article 1 of the REACH Regulation (aim and scope of the REACH Regulation).

• (3) The Secretary of State may not make regulations under this paragraph which amend any protected provision of the REACH Regulation.

• (4) But sub-paragraph (3) does not prevent any protected provision of the REACH Regulation from being amended by provision made under this paragraph by virtue of section 143(1)(a).

• (5) Before making regulations under this paragraph, the Secretary of State must publish an explanation of why the Secretary of State considers that the provision to be made by the regulations is consistent with Article 1 of the REACH Regulation.

• (6) The explanation relating to regulations under this paragraph is to be published—

• (a) no later than the time when the Secretary of State begins the consultation on that exercise of the power that is required by paragraph 5, and

• (b) in the manner which the Secretary of State considers appropriate.

• (7) Regulations under this paragraph are subject to the affirmative procedure.

Amendment of the REACH Enforcement Regulations 2008

2

• (1) The Secretary of State or a relevant devolved authority may by regulations amend the REACH Enforcement Regulations 2008 (S.I. 2008/2852).

• (2) The Secretary of State or a relevant devolved authority may make regulations under this paragraph only if the Secretary of State or the authority considers that the provision made by the regulations is necessary or appropriate for, or in connection with, enforcement of the REACH Regulation.

• (3) The provision that may be made by regulations under this paragraph includes—

• (a) provision creating, or widening the scope of, a criminal offence;

• (b) provision specifying the punishment for a criminal offence.

• (4) But regulations under this paragraph may not provide for a criminal offence—

• (a) under the law of England and Wales to be—

• (i) punishable on conviction on indictment with imprisonment for more than two years, or

• (ii) punishable on summary conviction with imprisonment for more than the prescribed term for England and Wales or with a fine that is calculated on a daily basis of more than £100 a day;

• (b) under the law of Scotland to be—

• (i) punishable on conviction on indictment with imprisonment for more than two years, or

• (ii) punishable on summary conviction with imprisonment for more than the prescribed term for Scotland or with a fine of more than the applicable maximum for Scotland (if not calculated on a daily basis) or a fine of more than £100 a day;

• (c) under the law of Northern Ireland to be—

• (i) punishable on conviction on indictment with imprisonment for more than two years, or

• (ii) punishable on summary conviction with imprisonment for more than three months or with a fine of more than level 5 on the standard scale (if not calculated on a daily basis) or a fine of more than £100 a day.

• (5) In sub-paragraph (4)—

• “applicable maximum for Scotland” means—level 5 on the standard scale, where the offence is a summary offence;the statutory maximum, where the offence is triable either way;

• “prescribed term for England and Wales” means—51 weeks, where the offence is a summary offence;12 months, where the offence is triable either way;

• “prescribed term for Scotland” means—3 months, where the offence is a summary offence;12 months, where the offence is triable either way.

• (6) But, in the definition of “prescribed term for England and Wales” in sub-paragraph (5)—

• (a) the reference to 51 weeks is to be read, until the commencement of section 281(5) of the Criminal Justice Act 2003, as a reference to 3 months;

• (b) the reference to 12 months is to be read, until 2 May 2022, as a reference to 3 months.

• (7) Regulations under this paragraph—

• (a) made by the Welsh Ministers, may contain only provision which, if contained in an Act of Senedd Cymru, would be within the legislative competence of the Senedd;

• (b) made by the Scottish Ministers, may contain only provision which, if contained in an Act of the Scottish Parliament, would be within the legislative competence of the Parliament;

• (c) made by the Department of Agriculture, Environment and Rural Affairs or the Department for the Economy in Northern Ireland may contain only provision which, if contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Assembly and would not require the Secretary of State’s consent.

• (8) Regulations under this paragraph are subject to the affirmative procedure.

Consent of the devolved administrations

3

• (1) The power of the Secretary of State to make regulations under this Schedule is subject to the consent requirement in Article 4A of the REACH Regulation.

• (2) Accordingly, in Article 4A(1) of the REACH Regulation, the reference to the REACH Regulation is to be read as including a reference to this Schedule.

Requests by devolved administrations for exercise of powers under this Schedule

4

The Secretary of State must consider any request made by a relevant devolved authority for the Secretary of State to make regulations under this Schedule.

Consultation

5

• (1) Before making regulations under this Schedule the Secretary of State must consult—

• (a) the Agency,

• (b) any person nominated by a relevant devolved authority as a consultee for the consultation in question, and

• (c) such other persons the Secretary of State considers appropriate.

• (2) The nomination of a person as a consultee by a relevant devolved authority is to be made by that authority to the Secretary of State.

• (3) Before making regulations under paragraph 2 a relevant devolved authority must consult—

• (a) the Agency, and

• (b) such other persons that authority considers appropriate.

The protected provisions

6

In paragraph 1 “protected provision of the REACH Regulation” means any of the provisions of the REACH Regulation set out in the following Table—

Fundamental principles
Article 1 (aim and scope of the REACH Regulation)
Article 5 (the principle of “no data, no market”)
Article 25(1) (animal testing as a last resort)
Article 35 (access to information for workers)
Article 45 (evaluation of substances on the rolling action plan)
Article 48 (follow-up to substance evaluation)
Article 55 (the aim of Title VII, which is about authorisation of substances)
Article 67(1) (effect of restrictions contained in Annex XVII)
Article 92 or 93 (appeals)
Article 111, first subparagraph (formats and software for submission of information to the Agency)
Article 123 (communication to the public of information on risks of substances)
Role of the devolved administrations
Article 4A (the consent requirement)
Article 129(1) (the safeguard clause: basic principles)
Transparency
Article 54 (publication of information on evaluation)
Article 64(6) (publication of Agency authorisation opinions)
Article 72(2) (publication of Agency restriction opinions)
Article 77(A4) (Agency to act in a way that ensures a high degree of transparency) and (2)(e) (database(s) of registered substances)
Article 109 (general rules on transparency for the Agency)
Collaboration between the Agency and other bodies
Article 95 (conflicts of opinion with other bodies)
Article 108 (contacts with stakeholder organisations)
Article 110 (relations with relevant public bodies)
Annexes
The Annexes

Other interpretation

7

In this Schedule—

• “Agency” has the same meaning as in the REACH Regulation (see Article 2A of the Regulation);

• “REACH Regulation” means Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency;

• “relevant devolved authority” means— the Scottish Ministers, the Welsh Ministers, or the Department of Agriculture, Environment and Rural Affairs or the Department for the Economy in Northern Ireland.

Environmental targets

Environmental targets: particulate matter

Environmental targets: species abundance

Environmental targets: process

Environmental targets: effect

Environmental targets: reporting duties

Environmental targets: review

Environmental improvement plans

Annual reports on environmental improvement plans

Reviewing and revising environmental improvement plans

Reviewing and revising plans: interim targets

Reviewing and revising plans: other requirements

Renewing environmental improvement plans

Renewing plans: interim targets

Renewing plans: other requirements

Environmental monitoring

Policy statement on environmental principles

Policy statement on environmental principles: process

Policy statement on environmental principles: effect

Statements about Bills containing new environmental law

Reports on international environmental protection legislation

The Office for Environmental Protection

Principal objective of the OEP and exercise of its functions

The OEP’s strategy: process

Guidance on the OEP’s enforcement policy and functions

Memorandum of understanding

Co-operation duties of public authorities and the OEP

Monitoring and reporting on environmental improvement plans and targets

Monitoring and reporting on environmental law

Advising on changes to environmental law etc

Failure of public authorities to comply with environmental law

Complaints

Investigations

Duty to keep complainants informed

Information notices

Decision notices

Linked notices

Environmental review

Judicial review: powers to apply in urgent cases and to intervene

Duty of the OEP to involve the relevant Minister

Public statements

Disclosures to the OEP

Confidentiality of proceedings

Meaning of “natural environment”

Meaning of “environmental protection”

Meaning of “environmental law”

Interpretation of Part 1: general

Improving the natural environment: Northern Ireland

The Office for Environmental Protection: Northern Ireland

Producer responsibility obligations

Producer responsibility for disposal costs

Resource efficiency information

Resource efficiency requirements

Deposit schemes

Charges for single use items

Charges for carrier bags

Separation of waste

Electronic waste tracking: Great Britain

Electronic waste tracking: Northern Ireland

Hazardous waste: England and Wales

Hazardous waste: Northern Ireland

Transfrontier shipments of waste

Regulations under the Environmental Protection Act 1990

Powers to make charging schemes

Waste charging: Northern Ireland

Enforcement powers

Enforcement powers: Northern Ireland

Littering enforcement

Fixed penalty notices

Regulation of polluting activities

Waste regulation: amendment of Northern Ireland Order

Local air quality management framework

Smoke control areas: amendments of the Clean Air Act 1993

Environmental recall of motor vehicles etc

Compulsory recall notices

Further provision about regulations under section 74

Interpretation of sections 74 to 76

Water resources management plans, drought plans and joint proposals

Drainage and sewerage management plans

Storm overflows

Reporting on discharges from storm overflows

Monitoring quality of water potentially affected by discharges

Reduction of adverse impacts of storm overflows

Report on elimination of discharges from storm overflows

Authority’s power to require information

Water and sewerage undertakers in England: modifying appointments

Electronic service of documents

Water abstraction: no compensation for certain licence modifications

Water quality: powers of Secretary of State

Water quality: powers of Welsh Ministers

Water quality: powers of Northern Ireland department

Solway Tweed river basin district: power to transfer functions

Water quality: interpretation

Valuation of other land in drainage district: England

Valuation of other land in drainage district: Wales

Valuation of agricultural land in drainage district: England and Wales

Disclosure of Revenue and Customs information

Biodiversity gain as condition of planning permission

Biodiversity gain in nationally significant infrastructure projects

Biodiversity gain site register

Biodiversity credits

General duty to conserve and enhance biodiversity

Biodiversity reports

Local nature recovery strategies for England

Preparation of local nature recovery strategies

Content of local nature recovery strategies

Information to be provided by the Secretary of State

Interpretation

Species conservation strategies

Protected site strategies

Wildlife conservation: licences

Habitats Regulations: power to amend general duties

Habitats Regulations: power to amend Part 6

Controlling the felling of trees in England

Local highway authorities in England to consult before felling street trees

Use of forest risk commodities in commercial activity

Conservation covenant agreements

Conservation covenants

Responsible bodies

Local land charge

Duration of obligation under conservation covenant

Benefit and burden of obligation of landowner

Benefit of obligation of responsible body

Breach of obligation

Enforcement of obligation

Defences to breach of obligation

Discharge of obligation of landowner by agreement

Discharge of obligation of responsible body by agreement

Modification of obligation by agreement

Discharge or modification of obligation by Upper Tribunal

Extent

Body ceasing to be a responsible body

Effect of acquisition or disposal of affected land by responsible body

Effect of deemed surrender and re-grant of qualifying estate

Declarations about obligations under conservation covenants

Duty of responsible bodies to make annual return

Crown application

Index of defined terms in Part 7

Consequential amendments relating to Part 7

Amendment of REACH legislation

Amendments of Schedule 7B to the Government of Wales Act 2006

Consequential provision

Transitional or saving provision

Crown application

Financial provisions

Extent

Commencement

Transitional or saving provision

Short title

Membership

Environmental improvement plans

Annual reports on environmental improvement plans

Reviewing and revising environmental improvement plans

Renewing environmental improvement plans

Policy statement on environmental principles

Policy statement on environmental principles: process

Policy statement on environmental principles: effect

Meaning of “natural environment”

Meaning of “environmental protection”

General interpretation

Monitoring and reporting on the Department’s environmental improvement plans

Monitoring and reporting on environmental law

Advising on changes to Northern Ireland environmental law etc

Failure of relevant public authorities to comply with environmental law

Meaning of relevant environmental law, relevant public authority etc

Complaints about relevant public authorities

Investigations: relevant public authorities

Duty to keep complainants informed

Information notices

Decision notices

Linked notices

Review application

Judicial review: powers to apply to prevent serious damage and to intervene

Duty of the OEP to involve the relevant department

Public statements

Disclosures to the OEP

Confidentiality of proceedings

General power

Interpretation of Part 1 of this Schedule: general

General power

General power

“Disposal costs” and “disposal”

Calculation of sums payable

Administration

Registration

Payment of sums

Distribution of sums paid

Repayment of sums paid

Charges

Consultation requirements

General power

Powers to confer functions

Monitoring compliance

Records and information

Powers of entry etc

Sanctions

Charges and costs

Consultation requirements

General power

Meaning of “information about resource efficiency”

Persons on whom requirements may be imposed

Examples of provision that may be made

Consultation etc requirements

Interpretation

General power

Consultation requirement

Monitoring compliance

Records and information

Powers of entry etc

Sanctions

Costs

Consultation requirement

General power

Meaning of “resource efficiency requirements”

Persons on whom requirements may be imposed

Consultation etc requirements

Interpretation

General power

Powers to confer functions

Monitoring compliance

Records and information

Powers of entry etc

Sanctions

Costs

Consultation requirement

Power to establish deposit schemes

Scheme suppliers

Scheme collectors

Deposit scheme administrators

Enforcement

Interpretation

General power

Requirement to charge

Sellers of goods and services

Amount of charge

Administration

Registration

Record-keeping and publication of records

Enforcement

Civil sanctions

Powers to search and seize vehicles in connection with waste offences

Minor and consequential amendments to the Clean Air Act 1993

Minor amendments to other legislation

Introductory

Penalty for felling without licence: increase of fine

Restocking notices to be local land charges

Enforcement notices to be local land charges

Further enforcement notices for new estate or interest holders

Power of court to order restocking after conviction for failure to comply with enforcement notice

Service of notices on directors of companies that have estates or interests in land

Requiring information from the owner of land

Meaning of “forest risk commodity”

Prohibition on using illegally produced commodities

Due diligence system

Annual report on due diligence system

Exemption

Guidance

Meaning of “regulated person”

General power

Powers to confer functions

Monitoring compliance

Records and information

Powers of entry etc

Sanctions

Charges

Consultation requirement

Review

Interpretation

Power to discharge on application by landowner or responsible body

Deciding whether to discharge

Supplementary powers

Power to modify on application by landowner or responsible body

Deciding whether to modify

Supplementary powers

Effect of modification

Interpretation

Application of Part 7

Interpretation

Demesne land

Land subject to escheat

Bona vacantia

Agreements for the purposes of section 117

Modification of Part 7 in relation to obligations under certain Crown conservation covenants

Cases where estate in land to which conservation covenant relates has been acquired by the Crown and is held by person other than the appropriate authority

Agreements under section 127(1) and (3)

Agreements under section 128(1)

Agreements under section 129(1)

Acquisition of Land Act 1981 (c. 67)

Housing and Planning Act 2016 (c. 22)

Neighbourhood Planning Act 2017 (c. 20)

Amendment of the REACH Regulation

Amendment of the REACH Enforcement Regulations 2008

Consent of the devolved administrations

Requests by devolved administrations for exercise of powers under this Schedule

Consultation

The protected provisions

Other interpretation

Editorial notes