Environment Act 2021

(1) The Secretary of State may, by regulations, make provision for, about or connected with the regulation of the importation or exportation of waste or the transit of waste for export. (1A) Provision that may be made in regulations under this section includes provision prohibiting or restricting— (a) the importation of waste; (b) the landing and unloading of waste in the United Kingdom; (c) the exportation of waste; (d) the loading of waste for exportation; (e) the transit of waste for export. (1B) The provision that may be made by virtue of subsection (1A) includes provision which relates to— (a) the intended final destination of waste, or (b) the countries or territories it is intended to pass through before reaching that destination.

• (4) For subsection (3) substitute—

(3) Regulations under this section may confer functions on the Secretary of State or a waste regulation authority, including functions— (a) involving the exercise of a discretion; (b) relating to enforcement.

• (5) Omit subsection (4).

• (6) In subsection (5)—

• (a) omit paragraph (a);

• (b) after that paragraph insert—

(aa) provide for the Secretary of State to issue general directions as to the exercise by waste regulation authorities of their functions in connection with the regulation of the importation or exportation of waste or the transit of waste for export;

;

• (c) in paragraph (b) omit “prescribed in or under the regulations”;

• (d) after paragraph (b) insert—

(ba) provide for the charging by waste regulation authorities of fees or charges payable by persons involved in the importation or exportation of waste or the transit of waste for export; (bb) provide that such fees or charges may be used by waste regulation authorities to meet costs incurred in exercising their functions in connection with the regulation of those activities;

;

• (e) in paragraph (d), for the words from “to” to the end substitute “, with or without modifications, to section 108(4) of the Environment Act 1995 (powers of entry and seizure) on persons authorised by the Secretary of State or a waste regulation authority;”;

• (f) in paragraph (e), for “authorities under the regulations” substitute “waste regulation authorities”;

• (g) after paragraph (f) insert—

(fa) make provision authorising the disclosure of information by Officers of Revenue and Customs to waste regulation authorities; (fb) confer, on persons designated as general customs officials under section 3(1) of the Borders, Citizenship and Immigration Act 2009, functions relating to the seizure and detention of waste that has arrived at, or entered into, the United Kingdom or is to leave the United Kingdom;

;

• (h) after paragraph (g) insert—

(h) make provision for, about or connected with the imposition of civil sanctions.

• (7) After subsection (5A) insert—

(5B) For the purposes of this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings). (5C) The regulations may make provision for, about or connected with the imposition of a sanction of that kind whether or not— (a) the conduct in respect of which the sanction is imposed constitutes an offence, or (b) the person imposing it is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008. (5D) Regulations under this section may make provision in relation to any area of sea or seabed or its subsoil within the seaward limits of— (a) the area designated by Order in Council under section 1(7) of the Continental Shelf Act 1964 (designation of continental shelf), or (b) the area designated by Order in Council under section 41(3) of the Marine and Coastal Access Act 2009 (designation of exclusive economic zone). (5E) Regulations under this section may make consequential, supplementary, incidental, transitional or saving provision, including provision amending, repealing or revoking primary legislation or retained direct EU legislation.

• (8) In subsection (6), at the appropriate places insert—

• “exportation”, in relation to waste, means causing it to leave the United Kingdom;

;

• “importation”, in relation to waste, means causing it to arrive at, or enter into, the United Kingdom;

;

• “primary legislation” means— an Act of Parliament, a Measure or Act of Senedd Cymru, an Act of the Scottish Parliament, or Northern Ireland legislation;

;

• “transit of waste for export” means the transportation or keeping of waste, that has arrived at, or has entered, the United Kingdom, for the purpose of facilitating its leaving the United Kingdom;

.

• (9) In section 160A(2) of the Environmental Protection Act 1990 (regulations and orders) (as inserted by section 63), in the Table, at the appropriate place insert—

section 141 (imports, exports and transit of waste)

regulations that— confer powers of entry, seizure or detention in circumstances where there is no such power under existing regulations under section 141, provide for the charging of fees or charges that are not chargeable under existing regulations under that section, provide for conduct to be a criminal offence which is not a criminal offence under existing regulations under that section, increase the maximum penalty for a criminal offence under existing regulations under that section, provide for conduct to be subject to a civil sanction (within the meaning given by section 141(5B)) which is not subject to a civil sanction under existing regulations under that section, or amend, repeal or revoke a provision contained in primary legislation (within the meaning given by section 141(6)) or retained direct principal EU legislation.

• (10) In section 41 of the Environment Act 1995 (power to make schemes imposing charges)—

• (a) in subsection (1), for paragraph (d) substitute—

(d) as a means of recovering costs incurred by it in performing functions in connection with the regulation of the importation or exportation of waste or the transit of waste for export, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;

;

• (b) after subsection (1) insert—

(1A) In paragraph (d) of subsection (1) “importation”, “exportation”, “transit of waste for export” and “waste” have the meaning they have in section 141 of the Environmental Protection Act 1990.

• (11) In regulation 46 of the Transfrontier Shipment of Waste Regulations 2007 (S.I. 2007/1711), omit paragraph (1).

Regulations under the Environmental Protection Act 1990

63

• (1) The Environmental Protection Act 1990 is amended as follows.

• (2) After section 160 insert—

(160A) (1) Regulations and orders under this Act are subject to the negative procedure, other than— (a) regulations or orders subject to the affirmative procedure by virtue of subsection (2); (b) regulations made by a Northern Ireland department under section 156 (power to give effect to retained EU obligations and international obligations); (c) an order under section 164(3) (commencement); (d) an order under paragraph 4 of Schedule 3 (statutory nuisance). (2) Regulations or orders made under a section listed in the first column of the following Table that are of the description specified in the second column are subject to the affirmative procedure—

Section	Description of regulations or orders
34D (prohibition on disposal of food waste to sewer: Wales)	any regulations under that section.
45AA(10) (separate collection of waste: Wales)	any regulations under that section.
78M(4) (offences of not complying with a remediation notice)	any order under that section.
79(1ZA) (statutory nuisance)	any regulations under that section.
80ZA(11) (fixed penalty notices)	any regulations under that section.
88A (litter from vehicles: England)	regulations that include provision falling within section 88A(3)(a) or (6).

(3) Regulations and orders made under this Act by the Secretary of State or the Welsh Ministers are to be made by statutory instrument, other than an order under paragraph 4 of Schedule 3. (4) Where regulations or orders under this Act made or to be made by the Secretary of State— (a) are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament; (b) are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament. (5) Where regulations or orders under this Act made or to be made by the Welsh Ministers— (a) are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of Senedd Cymru; (b) are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru. (6) See sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) for the meaning of “the negative procedure” and “the affirmative procedure” in relation to regulations or orders under this Act made or to be made by the Scottish Ministers. (7) Any provision that may be made by regulations or order under this Act subject to the negative procedure may be made subject to the affirmative procedure.

• (3) In section 45B omit subsection (3).

• (4) In section 78M omit subsection (7).

• (5) In section 161 (regulations, orders and directions)—

• (a) for the heading substitute “Directions”;

• (b) omit subsections (1) to (4).

Waste enforcement and regulation

Powers to make charging schemes

64

• (1) The Environment Act 1995 is amended as follows.

• (2) In section 41(1) (powers to make charging schemes) after paragraph (m) insert—

(n) as a means of recovering costs incurred by it in performing functions conferred by regulations made under Schedule 4 or 5 to the Environment Act 2021, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed; (o) as a means of recovering costs incurred by it in performing functions conferred by the End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I. 2005/263), the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed; (p) as a means of recovering costs incurred by it in performing functions conferred by the Waste Electrical and Electronic Equipment Regulations 2013 (S.I. 2013/3113), the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed; (q) as a means of recovering costs incurred by it in performing functions relating to section 33(1) of the Environmental Protection Act 1990, the Agency or the Natural Resources Body for Wales may require the payment to it of such charges as may from time to time be prescribed; (r) as a means of recovering costs incurred by it in performing functions relating to regulation 12(1) of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) in relation to a regulated facility which is a waste operation (within the meaning of those Regulations), the Agency or the Natural Resources Body for Wales may require the payment to it of such charges as may from time to time be prescribed;

.

• (3) In section 56(1) (interpretation)—

• (a) in the definition of “environmental licence”, in the application of Part 1 of the Act in relation to an appropriate agency—

• (i) in paragraph (j) for the words from “WEEE” to the end substitute “waste operation (within the meaning of those Regulations),”;

• (ii) omit paragraphs (l) to (o);

• (b) in the definition of “environmental licence”, in the application of Part 1 of the Act in relation to the Scottish Environment Protection Agency, omit paragraphs (l) to (o).

• (4) Until the repeal of section 93 of the Environment Act 1995 (“the 1995 Act”) by section 50 of this Act is fully in force, section 41(1)(n) of the 1995 Act has effect as if the reference to Schedule 4 to this Act included a reference to section 93 of the 1995 Act.

Waste charging: Northern Ireland

65

• (1) In the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)), after Article 76 insert—

(76A) (1) As a means of recovering costs incurred by it in performing any functions mentioned in paragraph (2), the Department may require the payment to it of such charges as may be specified in or determined under a scheme made by the Department under this Article (referred to in this Article as a “charging scheme”). (2) The functions referred to in paragraph (1) are— (a) functions related to— (i) Article 4(1); or (ii) regulation 18(1) of the Waste Management Licensing Regulations (Northern Ireland) 2003; (b) functions conferred by regulations made under Article 5G; (c) functions conferred by regulations made under Schedule 4 or 5 to the Environment Act 2021; (d) functions conferred by the End-of-Life Vehicles Regulations 2003; (e) functions conferred by the End-of-Life Vehicles (Producer Responsibility) Regulations 2005; (f) functions conferred by the Waste Batteries and Accumulators Regulations 2009; (g) functions conferred by the Waste Electrical and Electronic Equipment Regulations 2013; (h) functions in connection with the regulation of the importation or exportation of waste or the transit of waste for export. (3) In sub-paragraph (h) of paragraph (2) “importation”, “exportation”, “transit of waste for export” and “waste” have the meaning they have in section 141 of the Environmental Protection Act 1990. (4) A charging scheme must specify, in relation to any charge prescribed by the scheme, the description of person who is liable to pay the charge. (5) A charging scheme may— (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; (b) provide for the times at which, and the manner in which, charges are to be paid; (c) revoke or amend any previous charging scheme; (d) contain supplemental, incidental, consequential or transitional provision for the purposes of the scheme. (6) Before making a charging scheme the Department must consult such persons as appear to the Department to be appropriate. (7) The Department must, when it makes or amends a charging scheme— (a) lay a copy of the scheme or amendments before the Assembly, and (b) publish the scheme or the amendments.

• (2) Until the repeal of Article 3 of the Producer Responsibility Obligations (Northern Ireland) Order 1998 (S.I. 1998/1762 (N.I. 16)) (“the 1998 Order”) by section 50 of this Act is fully in force, Article 76A(2)(c) of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)) has effect as if the reference to Schedule 4 to this Act included a reference to Article 3 of the 1998 Order.

• (3) The Waste Management Licensing Regulations (Northern Ireland) 2003 (S.R. (N.I.) 2003 No. 493) are amended as follows.

• (4) In regulation 17 (exemptions from waste management licensing), in paragraph (4)—

• (a) in sub-paragraph (b) for “and the fee (if any) required under regulation 18(12) have” substitute “has”;

• (b) after sub-paragraph (b) insert

; and (c) any fee required under regulation 20B has been paid.

• (5) In regulation 18 (registration in connection with exempt activities)—

• (a) in paragraph (3)(d) for “a payment of any fee in respect of each place where any such exempt activity is being carried on” substitute “payment, in respect of each place where any such exempt activity is being carried on, of any fee that may be required under regulation 20B”;

• (b) in paragraph (9) for “and 47” substitute “, 47 and 49 to 52”;

• (c) in paragraph (11)(b) for “specified in accordance with paragraph (12)” substitute “required under regulation 20B”;

• (d) omit paragraph (12).

• (6) After regulation 20A insert—

(20B) (1) There are to be charged by and paid to the Department— (a) in respect of applications for registration, and (b) in respect of the subsistence of registrations, such fees and charges as may be provided for by a scheme under paragraph (2) (but this is subject to regulations 18(4A) and 19(2)). (2) The Department may make, and from time to time revise, a scheme (“a charging scheme”) specifying— (a) fees in respect of applications for registration, payable to the Department, by the applicant, in respect of each place to which an application relates; (b) charges in respect of the subsistence of registrations, payable to the Department by persons to whom registrations have been issued. (3) The Department must, when it makes or amends a charging scheme— (a) lay a copy of the scheme or amendments before the Assembly, and (b) publish the scheme or the amendments. (4) A charging scheme may in particular— (a) provide for fees or charges payable in respect of applications or the subsistence of registrations to differ according to the activities to which the applications or registrations relate (including by providing for no fee or charge in the case of some activities); (b) provide for reductions of fees where conditions specified in the scheme are met; (c) provide for the times at which, and the manner in which, payments of fees or charges are to be made; (d) make such incidental, supplementary and transitional provision as appears to the Department to be appropriate. (5) If it appears to the Department that a person to whom a registration has been issued has failed to pay a charge due in respect of the subsistence of the registration, the Department may, by notice in writing served on that person, revoke the registration. (6) In this regulation— (a) “registration” means registration under regulation 18; (b) any reference to an application for registration includes an application for renewal of a registration.

Enforcement powers

66

Schedule 10 amends legislation about enforcement powers in relation to waste and other environmental matters.

Enforcement powers: Northern Ireland

67

• (1) Article 27 of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)) (power to give directions) is amended as follows.

• (2) In paragraph (2) omit the words from “with a view” to the end.

• (3) After paragraph (2) insert—

(2A) The Department may by notice— (a) direct a registered carrier to collect controlled waste which is being kept in or on specified land and deliver it to a specified person on specified terms; (b) direct any person who— (i) is keeping controlled waste in or on any land, or (ii) owns or occupies land in or on which controlled waste is being kept, to facilitate collection of the waste by a specified registered carrier to whom a direction in respect of the waste is given under sub-paragraph (a).

• (4) In paragraph (3) for “paragraph (1) or (2)” substitute “this Article”.

• (5) In paragraph (4), for “of treating or disposing of” substitute “in relation to”.

• (6) After paragraph (4) insert—

(4A) A direction under paragraph (2A)(b) may require the person to whom it is given— (a) to pay to the specified registered carrier the reasonable costs of collecting and delivering the waste; (b) to pay to the specified person to whom the waste is delivered (“P”) the reasonable costs incurred by P in relation to the waste (including any costs P is required by a direction under this Article to pay to another person).

• (7) In paragraph (5) for “paragraph (1) or (2)” substitute “this Article”.

• (8) In paragraph (6) for “paragraph (1) or (2)” substitute “this Article”.

• (9) In paragraph (7) for the words from “, where” to the end substitute “pay any costs mentioned in paragraph (4) or (4A).”

• (10) For paragraph (8) substitute—

(8) In this Article— - “specified” means specified in a direction under this Article; - “registered carrier” means a person registered under Article 39 as a carrier of controlled waste.

Littering enforcement

68

• (1) Part 4 of the Environmental Protection Act 1990 is amended as follows.

• (2) In Section 88 (fixed penalty notices for leaving litter), for subsection (11) substitute—

(11) The appropriate person may by regulations provide that— (a) an authorised officer of a litter authority must meet such conditions as may be prescribed in the regulations; (b) if an authorised officer of a litter authority fails to meet any such condition, the authority must revoke the officer’s authorisation. (12) Regulations under subsection (11) may make different provision for different cases. (13) Before making regulations under subsection (11), the appropriate person must consult such persons as the appropriate person thinks appropriate.

• (3) After section 88A insert—

(88B) (1) The appropriate person may issue guidance to litter authorities on the exercise of littering enforcement functions by those authorities and authorised officers of those authorities. (2) A litter authority must have regard to that guidance when exercising any of its littering enforcement functions. (3) The appropriate person may revise any guidance issued under this section at any time. (4) Before issuing guidance, or revised guidance, under this section the appropriate person must consult such persons as the appropriate person thinks appropriate. (5) The Secretary of State must lay before Parliament and publish guidance, and any revised guidance, issued by the Secretary of State under this section. (6) The Welsh Ministers must lay before Senedd Cymru and publish guidance, and any revised guidance, issued by the Welsh Ministers under this section. (7) In this section— - “authorised officer”, in relation to a litter authority, means a person who is an authorised officer in relation to that authority for the purposes of— section 88 (fixed penalty notices for littering, see subsection (10) of that section), section 88A (fixed penalty notices for littering from vehicles in England, see subsection (4) of that section), or Schedule 3A (distribution of free printed matter, see paragraph 8 of that Schedule); - “littering enforcement function” means— any function of a litter authority, or of an authorised officer of that authority, conferred by or under sections 87 to 88A or Schedule 3A, or any function exercised for purposes connected with any of those sections or that Schedule.

• (4) In section 98(1A) (definition of appropriate person), in paragraph (b) for “National Assembly for Wales” substitute “Welsh Ministers”.

Fixed penalty notices

69

• (1) The Environmental Protection Act 1990 is amended as follows.

• (2) In section 33ZA (fixed penalty notices relating to depositing, treatment or disposal of waste: England)—

• (a) in subsection (10), for the words from “the period” to the end substitute “a period specified by the authority.”;

• (b) after that subsection insert—

(10A) The Secretary of State may by regulations substitute different amounts for the amounts for the time being specified in subsections (9) and (10).

• (3) In section 33ZB (fixed penalty notices relating to depositing, treatment or disposal of waste: Wales)—

• (a) in subsection (10), for the words from “the period” to the end substitute “a period specified by the authority.”;

• (b) after that subsection insert—

(10A) The Welsh Ministers may by regulations substitute different amounts for the amounts for the time being specified in subsections (9) and (10).

• (4) In section 34ZA (fixed penalty notices relating to transfer of household waste: England)—

• (a) in subsection (9), for the words from “within” to the end substitute “before the end of a period specified by the authority.”;

• (b) after that subsection insert—

(9A) The Secretary of State may by regulations substitute different amounts for the amounts for the time being specified in subsections (7)(b), (8) and (9).

• (5) In section 34ZB (fixed penalty notices relating to transfer of household waste: Wales)—

• (a) in subsection (8), for the words from “the period” to the end substitute “a period specified by the authority.”;

• (b) after that subsection insert—

(8A) The Welsh Ministers may by regulations substitute different amounts for the amounts for the time being specified in subsections (7) and (8).

Regulation of polluting activities

70

In Schedule 1 to the Pollution Prevention and Control Act 1999, in paragraph 4 (permits)—

• (a) the existing text becomes sub-paragraph (1);

• (b) after that sub-paragraph insert—

(2) In relation to England and Wales, imposing such a prohibition in relation to an activity except where the carrying on of the activity meets conditions determined by the regulators in accordance with the regulations.

Waste regulation: amendment of Northern Ireland Order

71

• (1) In Article 2(2) of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)), in the definition of “the Department”, for “the Department of the Environment” substitute “the Department of Agriculture, Environment and Rural Affairs”.

• (2) To the extent that immediately before the commencement of this section a reference in that Order to “the Department” was to be read as being or including a reference to a department other than the Department of Agriculture, Environment and Rural Affairs (by virtue of Article 9(1) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. (N.I.) 2016 No. 76) or otherwise), it is to continue to be so read.

PART 4 — Air quality and environmental recall

Air quality

Local air quality management framework

72

Schedule 11 contains amendments of Part 4 of the Environment Act 1995 (air quality).

Smoke control areas: amendments of the Clean Air Act 1993

73

Schedule 12 makes provision—

• (a) for imposing financial penalties for the emission of smoke in smoke control areas in England,

• (b) about offences relating to the sale and acquisition of solid fuel in England,

• (c) for applying smoke control orders to vessels in England, and

• (d) for authorised fuels and exempted fireplaces to be listed in Wales.

Environmental recall of motor vehicles etc

Environmental recall of motor vehicles etc

74

• (1) The Secretary of State may by regulations make provision for, about or connected with the recall of relevant products that do not meet relevant environmental standards.

• (2) A “relevant product” is a product specified or described in the regulations.

• (3) Only the following types of product may be specified or described in the regulations—

• (a) a mechanically propelled vehicle;

• (b) a part of a mechanically propelled vehicle;

• (c) an engine that is, or forms part of, machinery that is transportable (including by way of self-propulsion);

• (d) a part of such an engine, or any other part of such machinery that is connected with the operation of the engine.

• (4) A “relevant environmental standard” means a standard that—

• (a) by virtue of any enactment, a relevant product must meet,

• (b) is relevant to the environmental impact of that product, and

• (c) is specified in the regulations,

and the regulations may provide that a reference in the regulations to a standard is to be construed as a reference to that standard as it has effect from time to time.

• (5) In subsection (4)(a) “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.

• (6) In subsection (4)(b) “environmental impact”, in relation to a relevant product, includes any impact on the environment caused by noise, heat or vibrations or any other kind of release of energy or emissions resulting from the use of the product.

• (7) Regulations under subsection (1) are subject to the affirmative procedure.

• (8) Sections 75 to 77 make further provision about regulations under subsection (1).

Compulsory recall notices

75

• (1) Regulations under section 74(1) may make provision for, about or connected with a power of the Secretary of State to give a compulsory recall notice to a manufacturer or distributor of a relevant product.

• (2) A “compulsory recall notice” is a notice that requires the recipient of the notice to organise the return of a relevant product to the recipient, or to any other person specified in the notice, from persons who have been supplied (whether or not directly by the recipient) with the product.

• (3) Provision for the Secretary of State to give a compulsory recall notice in relation to a relevant product must not permit the giving of such a notice unless the Secretary of State has reasonable grounds for believing the product does not meet a relevant environmental standard.

• (4) The regulations may provide that, where a relevant product forms part of another product, a compulsory recall notice may require its recipient to organise the return of that other product (whether or not it is a relevant product).

• (5) The regulations may provide that a compulsory recall notice may impose supplementary requirements on its recipient.

• (6) The regulations may confer a power on the Secretary of State to give a recipient of a compulsory recall notice a further notice (a “supplementary notice”) that imposes supplementary requirements on its recipient.

• (7) The following are examples of supplementary requirements—

• (a) to secure that at least a specified proportion of products subject to a compulsory recall notice that are manufactured or distributed by the recipient are returned in accordance with the notice;

• (b) to publicise a compulsory recall notice;

• (c) to provide information to the Secretary of State;

• (d) a prohibition on supplying, or offering or agreeing to supply, a product subject to a compulsory recall notice;

• (e) to pay such compensation to a person who returns a product subject to a compulsory recall notice as may be specified;

• (f) to make other specified arrangements for the purpose of mitigating the effect of returning a product on the person who returns it;

• (g) to destroy, or arrange for the destruction of, a returned product;

• (h) to take steps to modify, or arrange for the modification of, a returned product for the purpose of ensuring that the product complies with relevant environmental standards;

• (i) to organise the return of a returned product to the person who initially returned it;

• (j) to otherwise dispose of the product in such manner as may be specified.

• (8) In subsection (7) “specified” means specified, or described, in a compulsory recall notice or a supplementary notice.

• (9) The regulations may—

• (a) make provision about appeals against a decision to give a compulsory recall notice or a supplementary notice;

• (b) make provision about the withdrawal of compulsory recall notices and supplementary notices (including provision about the effect of withdrawal).

Further provision about regulations under section 74

76

• (1) Regulations under section 74(1) may impose a duty on a manufacturer or distributor of a relevant product to notify the Secretary of State if the person has reason to consider that the product does not meet a relevant environmental standard.

• (2) The regulations may confer a power on the Secretary of State—

• (a) to require the provision of information by a manufacturer or distributor of a relevant product for the purpose of enabling the Secretary of State to consider whether, or how, to exercise a power to give a compulsory recall notice or a supplementary notice;

• (b) to require the provision of samples of relevant products by such a manufacturer or distributor for that purpose.

• (3) The regulations may make provision for, about or connected with the enforcement of requirements imposed by or under the regulations including provision—

• (a) for, about or connected with the designation of a person to exercise functions in connection with the enforcement of the requirements (“the enforcement authority”);

• (b) for the functions of the enforcement authority to be exercised on its behalf by persons authorised in accordance with the regulations;

• (c) requiring the provision of information by a manufacturer or distributor of a relevant product for purposes connected with the enforcement of the requirements;

• (d) requiring the provision of samples of relevant products by such a manufacturer or distributor for those purposes;

• (e) for, about or connected with the imposition of financial penalties by the enforcement authority;

• (f) for the amount of financial penalties to be determined by the enforcement authority in accordance with the regulations;

• (g) for such a determination to be made by reference to factors specified in the regulations which may include, for example, the turnover of a business or the costs of complying with the requirement being enforced (and the regulations may provide that the amount of a financial penalty may exceed the amount of those costs);

• (h) about appeals against the imposition of a financial penalty.

• (4) The regulations may confer powers on the enforcement authority—

• (a) to enter the premises of a manufacturer or distributor of a relevant product;

• (b) to take documents or records from those premises (or make copies of such documents or records);

• (c) to take samples of relevant products found on those premises,

where the authority has reasonable grounds for suspecting that the manufacturer or distributor has failed to comply with a requirement imposed by or under the regulations.

• (5) The regulations may make provision about warrants in connection with any power conferred by virtue of subsection (4).

Interpretation of sections 74 to 76

77

In sections 74 to 76—

• “compulsory recall notice” has the meaning given by section 75(2);

• “distributor” has the meaning given by regulations under section 74(1), but may only include a person acting in the course of business;

• “manufacturer” has the meaning given by regulations under section 74(1) which may define that term by reference (in particular) to— a person’s involvement in the manufacture of a relevant product, or a person’s relationship with a person involved in the manufacture of a relevant product;

• “relevant environmental standard” has the meaning given by section 74(4);

• “relevant product” has the meaning given by section 74(2);

• “supplementary notice” has the meaning given by section 75(6).

PART 5 — Water

Plans and proposals

Water resources management plans, drought plans and joint proposals

78

• (1) Chapter 1 of Part 3 of the Water Industry Act 1991 (general duties of water undertakers) is amended as follows.

• (2) In section 37A (water resources management plans)—

• (a) in the heading omit “: preparation and review”;

• (b) in subsection (3)(b) omit from “(also” to the end;

• (c) in subsection (4)—

• (i) at the beginning insert “Section 39F contains provision about”;

• (ii) omit “is set out in section 37B below”;

• (d) in subsection (6) omit the words after paragraph (c);

• (e) omit subsection (8);

• (f) omit subsection (10).

• (3) Omit sections 37B and 37C (water resources management plans: publication and provision of information).

• (4) In section 37D (water resources management plans: supplementary)—

• (a) in subsection (1), in the words before paragraph (a), for “, 37AA or 37B” substitute “or 37AA”;

• (b) in subsection (3)—

• (i) in paragraph (a) for “to 37C” substitute “and 37AA”;

• (ii) omit paragraph (b) (and the “and” before it).

• (5) In section 39B (drought plans)—

• (a) in the heading omit “: preparation and review”;

• (b) in subsection (4)(b) omit from “(also” to the end;

• (c) for subsection (5) substitute—

(5) Section 39F makes provision about the procedure for preparing and publishing a drought plan (or revised plan).

;

• (d) in subsection (6)—

• (i) in paragraph (c) omit from “in accordance” to the end;

• (ii) omit the words after paragraph (c);

• (e) omit subsection (7);

• (f) in subsection (9), in the words before paragraph (a), omit from “(including” to “above)”.

• (6) Omit section 39C (drought plans: provision of information).

• (7) After section 39D insert—

(39E) (1) The Minister may give a direction to two or more water undertakers to prepare and publish a joint proposal. (2) A joint proposal is a proposal that identifies measures that may be taken jointly by the undertakers for the purpose of improving the management and development of water resources. (3) A joint proposal must not contain measures that (if taken) would result in any water undertaker being unable to meet its obligations under this Part. (4) A direction under this section may, in particular, require that— (a) a joint proposal takes a specified form; (b) a joint proposal addresses a specified matter; (c) a joint proposal be prepared— (i) in relation to a specified area; (ii) by reference to specified criteria; (iii) on the basis of a specified assumption. (5) Directions under this section are to be given by an instrument in writing. (6) Each water undertaker to whom a direction applies must comply with the direction. (7) The duties of a water undertaker under this section are enforceable by the Minister under section 18. (8) In this section “the Minister” means— (a) the Secretary of State, in relation to water undertakers whose areas are wholly or mainly in England, and (b) the Welsh Ministers, in relation to water undertakers whose areas are wholly or mainly in Wales. (9) In this section “specified” means specified in a direction under this section. (39F) (1) The Minister may by regulations make provision about the procedure for preparing and publishing— (a) a water resources management plan, (b) a drought plan, and (c) a joint proposal, including any revised plans or proposals. (2) The regulations may provide for the sharing of information and, in particular, may require a water supply licensee to share such information with a water undertaker as may be reasonably requested. (3) The regulations may make provision about consultation to be carried out by water undertakers, including provision about— (a) the persons to be consulted, (b) the frequency and timing of any consultation, and (c) the publication of statements relating to any consultation. (4) The regulations may make provision about the preparation and circulation of drafts, including provision for the Minister to require changes to a draft plan or proposal. (5) The regulations may make provision for the purposes of ensuring that persons likely to be affected by the plan or proposal have a reasonable opportunity to make representations to the Minister. (6) The regulations may make provision about how representations (and any comments on them by a water undertaker) are to be dealt with, and in respect of a plan mentioned in subsection (1)(a) or (b), the regulations may provide for— (a) the Minister to cause an inquiry or other hearing to be held in connection with the plan, and (b) section 250(2) to (5) of the Local Government Act 1972 (local inquiries: evidence and costs) to apply to such an inquiry or hearing (with or without modifications). (7) The regulations may make provision about commercially confidential information and its publication. (8) In this section “the Minister” means— (a) the Secretary of State, in relation to water undertakers whose areas are wholly or mainly in England, and (b) the Welsh Ministers, in relation to water undertakers whose areas are wholly or mainly in Wales. (39G) (1) Regulations made under section 39F may confer on the Minister power to make provision by directions. (2) Those directions are to be given by an instrument in writing. (3) They may be— (a) general directions applying to all water undertakers, or (b) directions applying only to one or more water undertakers specified in the directions. (4) Each water undertaker to whom a direction applies must comply with the direction. (5) The duties of a water undertaker under this section are enforceable by the Minister under section 18. (6) In this section “the Minister” has the same meaning as in section 39F. (39H) (1) Regulations under section 39F are to be made by statutory instrument. (2) A statutory instrument containing regulations under section 39F is subject to annulment in pursuance of a resolution of— (a) either House of Parliament, in the case of regulations made by the Secretary of State; (b) Senedd Cymru, in the case of regulations made by the Welsh Ministers. (3) Subsection (4) applies in relation to a statutory instrument containing both— (a) regulations made by the Secretary of State under section 39F, and (b) regulations made by the Welsh Ministers under section 39F. (4) If in accordance with subsection (2)(a) or (b) (negative resolution procedure)— (a) either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing regulations made by the Secretary of State be annulled, or (b) Senedd Cymru resolves that an instrument containing regulations made by the Welsh Ministers be annulled, the instrument is to have no further effect and Her Majesty may by Order in Council revoke the instrument. (5) Section 213(2) to (2B) applies to regulations made by the Welsh Ministers under section 39F as it applies to regulations made by the Secretary of State.

Drainage and sewerage management plans

79

In the Water Industry Act 1991, after section 94 insert—

(94A) (1) Each sewerage undertaker must prepare, publish and maintain a drainage and sewerage management plan. (2) A drainage and sewerage management plan is a plan for how the sewerage undertaker will manage and develop its drainage system and sewerage system so as to be able, and continue to be able, to meet its obligations under this Part. (3) A drainage and sewerage management plan must address in particular— (a) the capacity of the undertaker’s drainage system and sewerage system, (b) an assessment of the current and future demands on the undertaker’s drainage system and sewerage system, (c) the resilience of the undertaker’s drainage system and sewerage system, (d) the measures the undertaker intends to take or continue for the purpose in subsection (2), (e) the likely sequence and timing for implementing those measures, (f) relevant environmental risks and how those risks are to be mitigated, and (g) any other matters specified by the Minister in directions. (4) Section 94C contains provision about the preparation and publication of a drainage and sewerage management plan (including a revised plan). (5) Before each anniversary of the date when its plan (or revised plan) was last published, the sewerage undertaker must— (a) review its plan, and (b) send a statement of the conclusions of its review to the Minister. (6) The sewerage undertaker must prepare and publish a revised plan in each of the following cases— (a) following conclusion of its annual review, if the review indicated a material change of circumstances; (b) if directed to do so by the Minister; (c) in any event, not later than the end of the period of 5 years beginning with the date when the plan (or the revised plan) was last published. (7) The Minister may give directions specifying— (a) the form which a drainage and sewerage management plan must take; (b) the planning period to which a drainage and sewerage management plan must relate. (8) The duties of a sewerage undertaker under this section are enforceable by the Minister under section 18. (9) In this section references— (a) to a drainage system of a sewerage undertaker, are to any drainage system (within the meaning of section 114A) maintained or operated by the sewerage undertaker which is not part of its sewerage system; (b) to the sewerage system of a sewerage undertaker, have the same meaning as in Chapter 1A of Part 2 (see section 17BA(7)). (10) In this section “the Minister” means— (a) the Secretary of State, in relation to sewerage undertakers whose areas are wholly or mainly in England, and (b) the Welsh Ministers, in relation to sewerage undertakers whose areas are wholly or mainly in Wales. (94B) (1) The Minister may by order made by statutory instrument amend the period for the time being specified in section 94A(6)(c). (2) In subsection (1) “the Minister” means— (a) the Secretary of State, in relation to sewerage undertakers whose areas are wholly or mainly in England, and (b) the Welsh Ministers, in relation to sewerage undertakers whose areas are wholly or mainly in Wales. (3) A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of— (a) either House of Parliament, in the case of an order made by the Secretary of State; (b) Senedd Cymru, in the case of an order made by the Welsh Ministers. (4) Subsection (5) applies in relation to a statutory instrument containing both— (a) an order made by the Secretary of State under subsection (1), and (b) an order made by the Welsh Ministers under subsection (1). (5) If in accordance with subsection (3)(a) or (b) (negative resolution procedure)— (a) either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing regulations made by the Secretary of State be annulled, or (b) Senedd Cymru resolves that an instrument containing regulations made by the Welsh Ministers be annulled, the instrument is to have no further effect and Her Majesty may by Order in Council revoke the instrument. (94C) (1) The Minister may by regulations make provision about the procedure for preparing and publishing a drainage and sewerage management plan (including a revised plan). (2) The regulations may provide for the sharing of information and, in particular, may require a sewerage licensee to share such information with a sewerage undertaker as may be reasonably requested. (3) The regulations may make provision about consultation to be carried out by sewerage undertakers, including provision about— (a) the persons to be consulted, (b) the frequency and timing of any consultation, and (c) the publication of statements relating to any consultation. (4) The regulations may make provision about the preparation and circulation of draft plans, including provision for the Minister to require changes to a draft plan. (5) The regulations may make provision for the purposes of ensuring that persons likely to be affected by the plan have a reasonable opportunity to make representations to the Minister. (6) The regulations may make provision about how representations (and any comments on them by the sewerage undertaker) are to be dealt with, including provision for— (a) the Minister to cause an inquiry or other hearing to be held in connection with the plan, and (b) section 250(2) to (5) of the Local Government Act 1972 (local inquiries: evidence and costs) to apply to such an inquiry or hearing (with or without modifications). (7) The regulations may make provision about commercially confidential information and its publication. (8) The regulations may confer on the Minister power to make provision by directions. (9) In this section “the Minister” means— (a) the Secretary of State, in relation to sewerage undertakers whose areas are wholly or mainly in England, and (b) the Welsh Ministers, in relation to sewerage undertakers whose areas are wholly or mainly in Wales. (94D) (1) Regulations under section 94C are to be made by statutory instrument. (2) A statutory instrument containing regulations under section 94C is subject to annulment in pursuance of a resolution of— (a) either House of Parliament, in the case of regulations made by the Secretary of State, and (b) Senedd Cymru, in the case of regulations made by the Welsh Ministers. (3) Subsection (4) applies in relation to a statutory instrument containing both— (a) regulations made by the Secretary of State under section 94C, and (b) regulations made by the Welsh Ministers under section 94C. (4) If in accordance with subsection (2)(a) or (b) (negative resolution procedure)— (a) either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing regulations made by the Secretary of State be annulled, or (b) Senedd Cymru resolves that an instrument containing regulations made by the Welsh Ministers be annulled, the instrument is to have no further effect and Her Majesty may by Order in Council revoke the instrument. (5) Section 213(2) to (2B) applies to regulations made by the Welsh Ministers under section 94C as it applies to regulations made by the Secretary of State. (94E) (1) In this section “directions” means directions given under— (a) section 94A, or (b) regulations under section 94C. (2) Directions are to be given by an instrument in writing. (3) Directions may be— (a) general directions applying to all sewerage undertakers, or (b) directions applying only to one or more sewerage undertakers specified in the directions. (4) Each sewerage undertaker to whom a direction applies must comply with the direction. (5) The duties of a sewerage undertaker under this section are enforceable under section 18 by— (a) the Secretary of State, in the case of directions given by the Secretary of State, and (b) the Welsh Ministers, in the case of directions given by the Welsh Ministers.

Storm overflows

Storm overflows

80

• (1) In Part 4 of the Water Industry Act 1991 (sewerage services), after Chapter 3 insert—

(141A) (1) The Secretary of State must prepare a plan for the purposes of— (a) reducing discharges from the storm overflows of sewerage undertakers whose area is wholly or mainly in England, and (b) reducing the adverse impacts of those discharges. (2) The reference in subsection (1)(a) to reducing discharges of sewage includes— (a) reducing the frequency and duration of the discharges, and (b) reducing the volume of the discharges. (3) The reference in subsection (1)(b) to reducing adverse impacts includes— (a) reducing adverse impacts on the environment, and (b) reducing adverse impacts on public health. (4) The plan may in particular include proposals for— (a) reducing the need for anything to be discharged by the storm overflows; (b) treating sewage that is discharged by the storm overflows; (c) monitoring the quality of watercourses, bodies of water or water in underground strata into which the storm overflows discharge; (d) obtaining information about the operation of the storm overflows. (5) When preparing the plan the Secretary of State must consult— (a) the Environment Agency, (b) the Authority, (c) the Council, (d) Natural England, (e) sewerage undertakers whose area is wholly or mainly in England, or persons representing them, and (f) such other persons as the Secretary of State considers appropriate. (6) The Secretary of State must publish the plan before 1 September 2022. (7) The Secretary of State may at any time revise the plan, having consulted the persons referred to in subsection (5), and must publish any revised version. (8) The plan, and any revised version of it, must be laid before Parliament once it is published. (141B) (1) The Secretary of State must publish reports (“progress reports”) relating to the plan under section 141A. (2) A progress report is to contain the Secretary of State’s assessment of— (a) the progress made, during the period to which the report relates, in implementing the proposals in the plan (or any revised version of it), and (b) the effect of that progress on the matters referred to in section 141A(1)(a) and (b). (3) The first progress report must relate to the period of three years beginning with the day on which the plan under section 141A is first published. (4) Subsequent progress reports must relate to successive periods of five years after the period referred to in subsection (3). (5) A progress report must be published within 12 weeks following the last day of the period to which it relates. (6) A progress report must be laid before Parliament once it is published. (141C) (1) A sewerage undertaker whose area is wholly or mainly in England must publish annual reports in relation to the undertaker’s storm overflows (“storm overflow reports”). (2) A storm overflow report must specify, for each of the sewerage undertaker’s storm overflows— (a) the location of the storm overflow; (b) the watercourse, body of water or underground strata into which the storm overflow discharges; (c) the frequency and duration of discharges from the storm overflow in the period to which the report relates; (d) where the information is available, the volume of each discharge in that period; (e) information on any investigations that have taken place or improvement works that have been undertaken in relation to the storm overflow during that period. (3) Storm overflow reports are to relate to successive calendar years, starting with 2021. (4) A storm overflow report must be published by a sewerage undertaker before 1 April in the year after the calendar year to which it relates. (5) A storm overflow report must— (a) be in a form which allows the public readily to understand the information contained in the report, and (b) be published in a way which makes the report readily accessible to the public. (6) The duties of a sewerage undertaker under this section are enforceable under section 18 by— (a) the Secretary of State, or (b) the Authority, with the consent of or in accordance with a general authorisation given by the Secretary of State. (141D) (1) The Environment Agency must publish annual reports in relation to the operation of storm overflows of sewerage undertakers whose area is wholly or mainly in England. (2) A report under this section must specify— (a) the location of the storm overflows; (b) the watercourse, body of water or underground strata into which the storm overflows discharge; (c) the frequency and duration of discharges from the storm overflows in the period to which the report relates; (d) where the information is available, the volume of each discharge in that period. (3) Reports under this section are to relate to successive calendar years, starting with 2021. (4) A storm overflow report must be published by the Environment Agency — (a) before 1 April in the year after the calendar year to which it relates, and (b) in such manner as the Environment Agency thinks fit. (141E) (1) In this Chapter, references to a storm overflow of a sewerage undertaker are to any structure or apparatus— (a) which is comprised in the sewerage system of the sewerage undertaker, and (b) which, when the capacity of other parts of the system downstream or of storage tanks at sewage disposal works is exceeded, relieves them by discharging their excess contents into inland waters, underground strata or the sea. (2) References in this Chapter to discharges from a storm overflow do not include discharges occurring as a result of— (a) electrical power failure at sewage disposal works, (b) mechanical breakdown at sewage disposal works, (c) rising main failure, or (d) blockage of any part of the sewerage system downstream of the storm overflow. (3) Section 17BA(7) (meaning of sewerage system of a sewerage undertaker) applies for the purposes of subsection (1).

Reporting on discharges from storm overflows

81

In Chapter 4 of Part 4 of the Water Industry Act 1991 (as inserted by section 80 above), after section 141D insert—

(141DA) (1) Where there is a discharge from a storm overflow of a sewerage undertaker whose area is wholly or mainly in England, the undertaker must publish the following information— (a) that there has been a discharge from the storm overflow; (b) the location of the storm overflow; (c) when the discharge began; (d) when the discharge ended. (2) The information referred to in subsection (1)(a) to (c) must be published within an hour of the discharge beginning; and that referred to in subsection (1)(d) within an hour of it ending. (3) The information must— (a) be in a form which allows the public readily to understand it, and (b) be published in a way which makes it readily accessible to the public. (4) The duty of a sewerage undertaker under this section is enforceable under section 18 by— (a) the Secretary of State, or (b) the Authority, with the consent of or in accordance with a general authorisation given by the Secretary of State. (5) The Secretary of State may by regulations make provision for exceptions from the duty in subsection (1) or (2) (for example, by reference to descriptions of storm overflows, frequency of discharge or the level of risk to water quality). (6) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate. (7) The Secretary of State may not make regulations under this section unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.

Monitoring quality of water potentially affected by discharges

82

• (1) In Chapter 4 of Part 4 of the Water Industry Act 1991, after section 141DA insert—

(141DB) (1) A sewerage undertaker whose area is wholly or mainly in England must continuously monitor the quality of water upstream and downstream of an asset within subsection (2) for the purpose of obtaining the information referred to in subsection (3). (2) The assets referred to in subsection (1) are— (a) a storm overflow of the sewerage undertaker, and (b) sewage disposal works comprised in the sewerage system of the sewerage undertaker, where the storm overflow or works discharge into a watercourse. (3) The information referred to in subsection (1) is information as to the quality of the water by reference to— (a) levels of dissolved oxygen, (b) temperature and pH values, (c) turbidity, (d) levels of ammonia, and (e) anything else specified in regulations made by the Secretary of State. (4) The duty of a sewerage undertaker under this section is enforceable under section 18 by— (a) the Secretary of State, or (b) the Authority, with the consent of or in accordance with a general authorisation given by the Secretary of State. (5) The Secretary of State may by regulations make — (a) provision as how the duty under subsection (1) is to be carried out (for example, provision as to the type of monitor to be used and where monitors must be placed); (b) provision for exceptions from the duty in subsection (1) (for example, by reference to descriptions of asset, frequency of discharge from an asset or the level of risk to water quality); (c) provision for the publication by sewerage undertakers of information obtained pursuant to subsection (1). (6) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate. (7) The Secretary of State may not make regulations under this section unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.

• (2) In section 213 of the Water Industry Act 1991 (power to make regulations) in subsection (1), for “or 105A” substitute “105A, 141DA or 141DB”.

Reduction of adverse impacts of storm overflows

83

In Chapter 4 of Part 4 of the Water Industry Act 1991, after section 141DB insert—

(141DC) (1) A sewerage undertaker whose area is wholly or mainly in England must secure a progressive reduction in the adverse impacts of discharges from the undertaker’s storm overflows. (2) The reference in subsection (1) to reducing adverse impacts includes— (a) reducing adverse impacts on the environment, and (b) reducing adverse impacts on public health. (3) The duty of a sewerage undertaker under this section is enforceable under section 18 by— (a) the Secretary of State, or (b) the Authority with the consent of or in accordance with a general authorisation given by the Secretary of State.

Report on elimination of discharges from storm overflows

84

• (1) The Secretary of State must prepare a report on—

• (a) the actions that would be needed to eliminate discharges from the storm overflows of sewerage undertakers whose areas are wholly or mainly in England, and

• (b) the costs and benefits of those actions.

• (2) The Secretary of State must publish the report before 1 September 2022.

• (3) The report must be laid before Parliament once it is published.

Regulation of water and sewerage undertakers

Authority’s power to require information

85

In the Water Industry Act 1991, after section 27 insert—

(27ZA) (1) The Authority may, for the purpose of performing its duty under section 27(1) or (2), serve a notice under subsection (2) on— (a) a water undertaker or sewerage undertaker; (b) a water supply licensee or sewerage licensee. (2) A notice under this subsection is a notice which requires the person on whom it is served— (a) to produce to the Authority, at a time and place specified in the notice (which must be reasonable), any documents specified or described in the notice which are in that person’s custody or under that person’s control, or (b) to provide to the Authority, at a time and place and in the form and manner specified in the notice (which must be reasonable), information specified or described in the notice. (3) The requirements imposed by a notice under subsection (2) are enforceable by the Authority under section 18. (4) Nothing in this section requires a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the duty imposed by this section). (5) In subsection (4) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

Water and sewerage undertakers in England: modifying appointments

86

• (1) Part 2 of the Water Industry Act 1991 (appointment and regulation of undertakers) is amended as follows.

• (2) After section 12 insert—