The Natural Resources Body for Wales (Functions) Order 2013

• (b) for “the Agency” substitute “ the Body ”.

Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999

98

The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 are amended as follows.

99

• (1) Regulation 2(1) is amended as follows.

• (2) In the appropriate place insert—

“the appropriate forestry body” means, in relation to England, the Commissioners and, in relation to Wales, the Natural Resources Body for Wales;

• (3) For the definition of “countryside bodies” substitute—

“countryside bodies” means— (a) where any part of the land is situated in England, the Environment Agency, Natural England and any other body designated by statutory provision as having specific environmental responsibilities in relation to England; and (b) where any part of the land is situated in Wales, any body designated by statutory provision as having specific environmental responsibilities in relation to Wales;

100

In regulation 2(3), for “the Commissioners” substitute “ the appropriate forestry body ”.

101

• (1) Regulation 4 is amended as follows.

• (2) For “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry body ”.

• (3) In paragraph (3), for “the Commissioners'” substitute “ the appropriate forestry body's ”.

102

• (1) In regulations 5 and 6, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry body ”.

• (2) Accordingly, the heading to regulation 6 becomes “ Opinions of the appropriate forestry body ”.

103

In regulations 7 and 9 to 15, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry body ”.

104

• (1) Regulation 16 is amended as follows.

• (2) In the opening words, for “the Commissioners”, substitute “ the appropriate forestry body ”.

• (3) In paragraph (b), for “the Commissioners'” substitute “ the appropriate forestry body's ”.

105

• (1) Regulation 17 is amended as follows.

• (2) For “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry body ”.

• (3) In paragraph (2), for “the Commissioners'” substitute “ the appropriate forestry body's ”.

• (4) In paragraph (5), for “the Commissioner's” substitute “ the appropriate forestry body's ”.

• (5) Accordingly, the heading to regulation 17 becomes “ Appeals against decisions of the appropriate forestry body ”.

106

• (1) Regulation 20 is amended as follows.

• (2) For “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry body ”.

• (3) In sub-paragraph (4)(a), for “the Commissioners'” substitute “ the appropriate forestry body's ”.

107

In regulations 21 and 23, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry body ”.

108

In regulation 23(1), omit “or suspect”.

109

• (1) Regulation 24(1) is amended as follows.

• (2) For “England and Wales” substitute “ England or Wales ”.

• (3) For “the Commissioners” substitute “ the appropriate forestry body ”.

110

In regulation 25, in paragraphs (3)(b) and (5)(b), for “their” substitute “ the appropriate forestry body's ”.

111

• (1) Schedule 2 is amended as follows.

• (2) In paragraph 1, in the definition of “sensitive area”—

• (a) in sub-paragraph (g), omit “or the Countryside Council for Wales, as respects Wales,”;

• (b) after sub-paragraph (g) insert—

(ga) an area of outstanding natural beauty in Wales designated as such by an order made— (i) under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to the Countryside Act 1949; or (ii) under section 82 (designation of areas) of the Countryside and Rights of Way Act 2000;

• (3) In paragraph 4, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry body ”.

Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

112

• (1) Regulation 2(1) of the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 is amended as follows.

• (2) In the definition of “the consultation bodies”—

• (a) in sub-paragraph (d), omit “and Wales”;

• (b) in sub-paragraph (f), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Ionising Radiations Regulations 1999

113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Water Industry (Prescribed Conditions) Regulations 1999

114

The Water Industry (Prescribed Conditions) Regulations 1999 are amended as follows.

115

In regulation 3(3)—

• (a) in sub-paragraph (b), before “the Environment Agency” insert “ where the determination relates to an area that is in the area of a water undertaker whose area is wholly in England, ”;

• (b) at the end of sub-paragraph (b) omit “and”;

• (c) after sub-paragraph (b) insert—

(ba) where the determination relates to an area that is in the area of a water undertaker whose area is partly in England and partly in Wales, the Environment Agency and the Natural Resources Body for Wales; and

116

• (1) Regulation 4 is amended as follows.

• (2) In paragraph (1), for “Environment Agency” substitute “ appropriate agency ”.

• (3) After paragraph (3) insert—

(4) In this regulation “appropriate agency” means— (a) where the proposed determination relates to the whole or part of an area of a water undertaker whose area is wholly in England, the Environment Agency; (b) where the proposed determination relates to the whole or part of an area of a water undertaker whose area is partly in England and partly in Wales, the Environment Agency and the Natural Resources Body for Wales.

Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000

117

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 are amended as follows.

118

• (1) Regulation 2(1) is amended as follows.

• (2) In the appropriate places insert the following definitions—

• “the appropriate authority” means—
• in relation to England, the Environment Agency;
• in relation to Wales, the NRBW;

“the NRBW” means the Natural Resources Body for Wales;

• (3) In the definition of “registered holder”, for “Agency”, in each place where it occurs, substitute “ appropriate authority ”.

119

In regulation 3(5)(b), for “Agency” substitute “ appropriate authority ”.

120

• (1) Regulation 6 is amended as follows.

• (2) For “Agency”, in each place where it occurs, substitute “ appropriate authority ”.

• (3) After paragraph (6) insert—

(7) An application which relates to equipment held or to be held— (a) only at a location in England must be made to the Environment Agency; (b) only at a location in Wales must be made to the NRBW; (c) at a location in both England and Wales must be made to the Environment Agency and the NRBW.

121

In regulation 7, for “Agency”, in each place where it occurs, substitute “ appropriate authority ”.

122

In regulation 8(5), for “Agency”, in each place where it occurs, substitute “ appropriate authority ”.

123

• (1) Regulation 9 is amended as follows.

• (2) In paragraph (5)—

• (a) in sub-paragraph (b), omit “and the Welsh Assembly”;

• (b) after sub-paragraph (b) insert—

(c) exercise the functions in paragraphs (1) to (5) in relation to every location in England.

• (3) After paragraph (5) insert—

(5A) The NRBW must compile an inventory of the contaminated equipment held at every location in Wales in respect of which there is a registered holder. (5B) Subject to paragraph (3) an inventory compiled in accordance with paragraph (5A) must record the information specified in paragraph (2). (5C) The NRBW must— (a) before 30 September in each year, review the inventory which it has compiled in accordance with paragraph (5A) or, as the case may be, the most recent revision of that inventory; and (b) on or before 30 September in each year provide the Welsh Ministers with a summary which shall include the total for the time being of— (i) the number of registered holders; and (ii) the number of items of equipment of which particulars are registered.

• (4) In paragraph (6), after “paragraph (5)(a)” insert “ and paragraph (5C) ”.

124

In regulation 10, for “Agency”, in each place where it occurs, substitute “ appropriate authority ”.

125

In regulation 11, in paragraphs (1), (5) and (6), for “Agency”, substitute “ appropriate authority ”.

126

In regulation 12 for “Agency” substitute “ appropriate authority ”.

127

In regulation 13B, for “The Environment Agency” substitute “ The NRBW ”.

Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000

128

The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 are amended as follows.

129

• (1) Regulation 2(1) is amended as follows.

• (2) In the definition of “the consultative bodies”—

• (a) in paragraph (c), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”;

• (b) for paragraph (d) substitute—

(d) where the application or proposed application relates to a section 36 consent— (i) the Environment Agency, otherwise than in relation to Wales and the Welsh zone; (ii) the Natural Resources Body for Wales in relation to Wales and the Welsh zone; and

• (3) In the appropriate place insert—

“Welsh zone” has the meaning given by section 158 of the Government of Wales Act 2006.

130

• (1) In Schedule 2, the definition of “sensitive area” is amended as follows.

• (2) In sub-paragraph (h), omit “or the Countryside Council for Wales, as respects Wales,”.

• (3) After sub-paragraph (h) insert—

(ha) an area of outstanding natural beauty in Wales designated as such by an order made— (i) under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to the Countryside Act 1949, or (ii) under section 82 (designation of areas) of the Countryside and Rights of Way Act 2000;

Pipe-line Works (Environmental Impact Assessment) Regulations 2000

131

• (1) Regulation 2 of the Pipe-line Works (Environmental Impact Assessment) Regulations 2000 is amended as follows.

• (2) In the definition of “the consultation bodies”, in sub-paragraph (d), for “the Countryside Council for Wales and the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Burry Port Harbour Revision Order 2000

132

The Burry Port Harbour Revision Order 2000 is amended as follows.

133

In article 19(2)(g), after “the Environment Agency,” insert “ the Natural Resources Body for Wales, ”.

134

In the heading to article 46, for “Environment Agency” substitute “ Natural Resources Body for Wales ”.

135

• (1) Schedule 2 is amended as follows.

• (2) For “Environment Agency”, in each place where it occurs (including in the heading to that Schedule), substitute “ Natural Resources Body for Wales ”.

• (3) In paragraph 7(3)(b), for “Environment Agency's” substitute “ Body's ”.

Wye Navigation Order 2002

136

In article 3(2)(s) of the Wye Navigation Order 2002 , for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Forest Reproductive Material (Great Britain) Regulations 2002

137

The Forest Reproductive Material (Great Britain) Regulations 2002 are amended as follows .

138

• (1) Regulation 2 is amended as follows.

• (2) In paragraph (2)—

• (a) in the appropriate place insert—

“the appropriate authority”— (a) in regulations 7 to 9, 20(b) and Schedules 2 to 5, has the meaning given in regulation 7(11); (b) in regulations 11, 13 and 14, has the meaning given in regulation 11(4); (c) in regulations 16, 18 and 22, has the meaning given in regulation 16(1B); (d) in regulation 25, has the meaning given in regulation 25(4);

• (b) for the definition of “authorised officer” substitute—

“authorised officer” means— (a) a person authorised by the Commissioners to exercise their powers and execute their functions under these Regulations; and (b) a person authorised by the Welsh Ministers to exercise their powers and execute their functions under these Regulations;

• (c) in the definition of “Master Certificate”, for “Great Britain” substitute “ a relevant territory ”;

• (d) in the definitions of “official certificate” and “region of provenance”, after “the Commissioners” insert “ or the Welsh Ministers ”;

• (e) in the appropriate place insert—

“relevant territory” means— (a) England and Scotland; and (b) Wales;

• (3) In paragraph (6)—

• (a) omit “Commissioners'”;

• (b) after “payable to the Commissioners” insert “ or the Welsh Ministers ”.

139

• (1) Regulation 5 is amended as follows.

• (2) In paragraph (1)—

• (a) after “provenance” insert “ in England and Scotland ”;

• (b) for “Great Britain” substitute “ England and Scotland ”.

• (3) After paragraph (1) insert—

(1A) The Welsh Ministers shall demarcate regions of provenance in Wales in respect of each of the species listed in Schedule 1 which exist in Wales and shall allocate to each region of provenance an identity code. (1B) The Commissioners and the Welsh Ministers may together exercise their functions under paragraph (1) and (1A) so as to designate a region of provenance of which part is in Wales.

• (4) In paragraph (2), for “shall draw up maps showing the demarcated regions of provenance referred to in paragraph (1)” substitute “ and the Welsh Ministers shall draw up maps showing the regions of provenance which they have demarcated pursuant to this regulation ”.

140

• (1) Regulation 6 is amended as follows.

• (2) In paragraph (1), for “The Commissioners shall establish and maintain” substitute “ There is to be ”.

• (3) After paragraph (1) insert—

(1A) The Welsh Ministers shall maintain that part of the National Register recording basic material approved by them under regulation 7. (1B) The Commissioners shall maintain that part of the National Register recording basic material approved by them under regulation 7.

• (4) In paragraph (2), for “The Commissioners shall make the National Register” substitute “ The Commissioners and the Welsh Ministers shall each make that part of the National Register which they maintain ”.

141

• (1) Regulation 7 is amended as follows.

• (2) For “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

• (3) After paragraph (10) insert—

(11) In this regulation, regulations 8, 9 and 20(b), and in Schedules 2 to 5, “the appropriate authority” means— (a) the Welsh Ministers, in relation to basic material located in Wales; (b) the Commissioners, in any other case.

142

In regulation 8(2), in each place where it occurs, for “the Commissioners” substitute “ the appropriate authority ”.

143

In regulation 9, in each place where it occurs, for “the Commissioners” substitute “ the appropriate authority ”.

144

• (1) Regulation 11 is amended as follows.

• (2) For “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

• (3) In paragraph (1), for “Commissioners'” substitute “ the appropriate authority's ”.

• (4) In paragraph (1)(c), for “register” substitute “ National Register ”.

• (5) After paragraph (3) insert—

(4) In this regulation and regulations 13 and 14, “the appropriate authority” means— (a) the Welsh Ministers, in relation to the collection, production or marketing of forest reproductive material in Wales; (b) the Commissioners, in any other case.

145

In Regulation 13, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

146

In regulation 14(3), for “the Commissioners” substitute “ the appropriate authority ”.

147

• (1) Regulation 16 is amended as follows.

• (2) After paragraph (1) insert—

(1A) The Register of Suppliers shall be maintained in two parts, namely— (a) a part maintained by the Welsh Ministers which shall record suppliers whose principal place of business or trade is in Wales; (b) a part maintained by the Commissioners which shall record suppliers whose principal place of business or trade is in England or Scotland. (1B) In this regulation and regulations 18 and 22, “the appropriate authority” means— (a) the Welsh Ministers, in relation to a supplier whose principal place of business or trade is in Wales; (b) the Commissioners, in relation to a supplier whose principal place of business or trade is in England or Scotland.

• (3) In paragraph (2)—

• (a) for “the Commissioners” substitute “ the appropriate authority ”;

• (b) for “the Commissioners'” substitute “ the appropriate authority's ”.

• (4) In paragraphs (3) to (5), for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

• (5) In paragraph (6), for “The Commissioners shall make the Register of Suppliers” substitute “ The Commissioners and the Welsh Ministers shall each make that part of the Register of Suppliers which they maintain ”.

148

In regulation 17(1), for “Great Britain”, in each place where it occurs, substitute “ a relevant territory ”.

149

In regulation 18, for “The Commissioners”, in each place where it occurs, substitute “ The appropriate authority ”.

150

• (1) Regulation 20(b) is amended as follows.

• (2) For “Great Britain” substitute “ a relevant territory ”.

• (3) For “the Commissioners” substitute “ the appropriate authority ”.

151

• (1) Regulation 21 is amended as follows.

• (2) In paragraph (1), after “material” insert “ from a relevant territory ”.

• (3) In paragraph (2)—

• (a) after “despatch forest reproductive material” insert “ from a relevant territory ”;

• (b) for “Great Britain” substitute “ that relevant territory ”.

152

• (1) Regulation 22 is amended as follows.

• (2) In paragraph (2)—

• (a) after “despatch forest reproductive material” insert “ from a relevant territory ”;

• (b) for “Great Britain” substitute “ that relevant territory ”.

• (3) In paragraph (3)—

• (a) after “despatches forest reproductive material” insert “ from a relevant territory ”;

• (b) for “the Commissioners” substitute “ the appropriate authority ”;

• (c) for “Great Britain” substitute “ that relevant territory ”.

153

In regulation 23, after “forest reproductive material” insert “ in a relevant territory ”.

154

In regulation 24, for “Great Britain” substitute “ a relevant territory ”.

155

• (1) Regulation 25 is amended as follows.

• (2) In paragraph (1)—

• (a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

• (b) for “the Commissioners” substitute “ the appropriate authority ”;

• (c) for “Great Britain”, in the second place where it occurs, substitute “ the relevant territory ”.

• (3) In paragraph (2), for “Great Britain”, in each place where it occurs, substitute “ the relevant territory ”.

• (4) In paragraph (3), for “the Commissioners” substitute “ the appropriate authority ”.

• (5) After paragraph (3) insert—

(4) In this regulation “the appropriate authority” means— (a) the Welsh Ministers, in relation to the importation of forest reproductive material where the initial place of landing is in Wales; (b) the Commissioners, in relation to the importation of forest reproductive material where the initial place of landing is in England or Scotland.

156

• (1) Regulation 26 is amended as follows.

• (2) In paragraph (2), after “the Commissioners” insert “ or the Welsh Ministers (as the case may be) ”.

• (3) In paragraph (3)(b), after “the Commissioners” insert “ or the Welsh Ministers ”.

• (4) In paragraph (5), after “the Commissioners” insert “ or (according as the requirement was made) the Welsh Ministers ”.

157

In regulation 27(1), after “the Commissioners” insert “ or the Welsh Ministers (as the case may be) ”.

158

• (1) Regulation 32 is amended as follows.

• (2) In paragraph (1)—

• (a) after “the Commissioners” insert “ or the Welsh Ministers ”;

• (b) in sub-paragraph (h), after “the Commissioners'” insert “ or the Welsh Ministers' ”.

• (3) In paragraph (3), after “the Commissioners” insert “ and the Welsh Ministers ”.

159

In Schedule 2, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

160

• (1) Schedule 3 is amended as follows.

• (2) For “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

• (3) In paragraph 5, for “the Commissioners'” substitute “ the appropriate authority's ”.

161

• (1) Schedule 4 is amended as follows.

• (2) For “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

• (3) In paragraph 2(c), for “the Commissioners'” substitute “ the appropriate authority's ”.

• (4) In paragraph 3(b), for “the Commissioners'” substitute “ the appropriate authority's ”.

162

In Schedule 5, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003

163

The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 are amended as follows.

164

• (1) Regulation 2 is amended as follows.

• (2) Omit the definition of “the Agency”.

• (3) In the appropriate place insert—

“appropriate authority” means— (a) the Environment Agency in relation to a project in England; (b) the Natural Resources Body for Wales in relation to a project in Wales;

• (4) In the definition of “consultation bodies”—

• (a) in sub-paragraph (c), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”;

• (b) in sub-paragraph (d), for “the Agency” substitute “ the appropriate authority ”.

165

In regulation 4, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate authority ” and “ appropriate authority's ” respectively.

166

• (1) Regulation 6 is amended as follows.

• (2) For “Agency”, in each place where it occurs (including in the heading), substitute “ appropriate authority ”.

• (3) In paragraph (4), before “the consultation bodies” insert “ , if different, ”.

167

In the following provisions, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate authority ” and “appropriate authority's” respectively—

• (a) regulations 7 to 9;

• (b) regulations 10 to 16 (including the headings to regulations 10 and 14).

Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003

168

In regulations 2 and 3 of the Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003 , for “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the appropriate agency ”.

Packaging (Essential Requirements) Regulations 2003

169

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electronic Communications Code (Conditions and Restrictions) Regulations 2003

170

The Electronic Communications Code (Conditions and Restrictions) Regulations 2003 are amended as follows.

171

• (1) Regulation 2(2) is amended as follows.

• (2) Omit the definition of “Countryside Council for Wales”.

• (3) In the definition of “national nature reserve”, in sub-paragraph (c), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

• (4) In the appropriate place insert—

“Natural Resources Body for Wales” means the Natural Resources Body for Wales as established by article 3(1) of the Natural Resources Body for Wales (Establishment) Order 2012;

172

In regulation 8(1)(b)(iii), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Water Environment (Water Framework Directive) (England and Wales) Regulations 2003

173

The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 are amended as follows.

174

• (1) Regulation 2 is amended as follows.

• (2) In paragraph (1), in the appropriate places insert the following definitions—

• “the appropriate agency” means—
• in relation to a river basin district that is wholly in England, the Agency;
• in relation to a river basin district that is wholly in Wales, the NRBW; and
• in relation to a river basin district that is partly in England and partly in Wales, the Agency and the NRBW acting jointly;

“the NRBW” means the Natural Resources Body for Wales;

• (3) After paragraph (1) insert—

(1A) In these regulations, where the appropriate agency is required to make copies of a statement, summary, draft plan or plan (including an approved or revised plan) accessible to the public free of charge, references to doing so through its website mean— (a) where the NRBW is the appropriate agency, through its website; (b) where the Agency is the appropriate agency, through its website; (c) where the Agency and the NRBW acting jointly are the appropriate agency, through their respective websites. (1B) In these regulations, where the appropriate agency is required to make copies of a statement, summary, draft plan or plan (including an approved or revised plan) accessible to the public free of charge, references to doing so at its principal office and each of its principal regional offices mean— (a) where the NRBW is the appropriate agency, at its principal office and each of its principal regional offices; (b) where the Agency is the appropriate agency, at its principal offices and each of its principal regional offices; (c) where the Agency and the NRBW acting jointly are the appropriate agency, at their principal offices and each of their principal regional offices.

175

• (1) Regulation 3 is amended as follows.

• (2) In paragraph (1), after “the Assembly” insert “ , the NRBW ”.

• (3) In paragraph (2), for “and the Assembly” substitute “ , the Welsh Ministers, the Agency and the NRBW ”.

176

• (1) Regulation 4 is amended as follows.

• (2) In paragraph (2), after “the Assembly” insert “ , the NRBW ”.

• (3) In paragraph (3)—

• (a) in sub-paragraph (b), omit “and”;

• (b) after sub-paragraph (b) insert—

(ba) in the case of the NRBW, its principal office and its principal regional offices; and

177

In regulation 5(2), for “Agency” substitute “ appropriate agency ”.

178

In regulations 7 to 9, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

179

• (1) Regulation 10 is amended as follows.

• (2) For “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

• (3) In paragraph (2)(b)—

• (a) for “it thinks fit” substitute “ the appropriate agency thinks fit ”;

• (b) in paragraph (i), for “its proposals” substitute “ the appropriate agency's proposals ”;

• (c) in paragraph (ii), for “its draft proposals” substitute “ the appropriate agency's draft proposals ”.

180

In regulation 11(1), for “Agency” substitute “ appropriate agency ”.

181

• (1) Regulation 12 is amended as follows.

• (2) For “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

• (3) In paragraph (1)—

• (a) in sub-paragraph (a)(i), for “it is to take” substitute “ the appropriate agency is to take ”;

• (b) in sub-paragraph (b), for “which it considers” substitute “ which the appropriate agency considers ”.

• (4) In paragraph (2)(d), for “it thinks fit” substitute “ the appropriate agency thinks fit ”.

• (5) In paragraph (5)(a)—

• (a) at the end of paragraph (i) insert “ and ”;

• (b) omit paragraph (ii);

• (c) in paragraph (iii), for “and the Countryside Council for Wales” substitute “ in relation to the part in England ”.

182

In regulations 13 to 15, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

183

• (1) Regulation 16 is amended as follows.

• (2) In paragraph (1), for “Agency” substitute “ appropriate agency ”.

• (3) In paragraph (3), for “it thinks fit” substitute “ the appropriate agency thinks fit ”.

184

In regulation 17, after “Agency” insert “ , the NRBW ”.

185

• (1) Regulation 18 is amended as follows.

• (2) For “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

• (3) In paragraph (1), after “its principal office” insert “ or (as the case may be) their principal offices ”.

186

In regulation 19(1), for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

187

• (1) Regulation 20 is amended as follows.

• (2) After paragraph (2) insert—

(2A) Article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (directions to the Natural Resources Body for Wales) shall have effect as if the power in paragraph (3) to give directions included a power for the appropriate authority to give directions to any public body for the purposes of giving effect to the Directive. (2B) Article 11A of the Natural Resources Body for Wales (Establishment) Order 2012 (further provision about directions) shall apply in relation to any direction given by virtue of paragraph (2A).

• (3) In paragraph (3), for “Agency” substitute “ appropriate agency ”.

188

In Part 2 of Schedule 2, after paragraph 29 insert—

(30) The Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999. (31) The Natural Resources Body for Wales (Establishment) Order 2012. (32) The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003.

Environmental Assessment of Plans and Programmes Regulations 2004

189

In regulation 4(4)(b) of the Environmental Assessment of Plans and Programmes Regulations 2004 , for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004

190

The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 is amended as follows.

191

• (1) Article 2 is amended as follows.

• (2) In the appropriate place insert—

“the appropriate authority” means— (a) in relation to England and Scotland, the Forestry Commissioners; (b) in relation to Wales, the Welsh Ministers;

• (3) For the definition of “authorised officer” substitute—

“authorised officer” means— (a) in relation to England and Scotland, an officer of the Forestry Commissioners or any person, whether or not an officer of the Forestry Commissioners, authorised by the Forestry Commissioners to be an inspector for the purposes of the Plant Health (Forestry) Order 2005; (b) in relation to Wales, an officer of the Welsh Ministers or any person, whether or not an officer of the Welsh Ministers, authorised by the Welsh Ministers to be an inspector for the purposes of the Plant Health (Forestry) Order 2005;

• (4) In the definitions of “phytosanitary certificate” and “reforwarding phytosanitary certificate”, for “the Forestry Commissioners” substitute “ the appropriate authority ”.

192

In articles 3 and 4, for “the Forestry Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004

193

The Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004 is amended as follows.

194

• (1) Article 2 is amended as follows.

• (2) In the appropriate places insert the following definitions—

• “the appropriate authority” means—
• the Commissioners, in relation to England and Scotland;
• the Welsh Ministers, in relation to Wales;

“Commissioners” means the Forestry Commissioners;

“relevant territory” means— (a) England and Scotland; and (b) Wales;

• (3) For the definition of “inspector” substitute—

“inspector” means— (a) an inspector appointed by the Commissioners for the purposes of the Plant Health (Forestry) Order 2005 in relation to— (i) the landing of any susceptible tree or susceptible wood in England or Scotland; and (ii) any premises in England or Scotland; (b) an inspector appointed by the Welsh Ministers for the purposes of the Plant Health (Forestry) Order 2005 in relation to— (i) the landing of any susceptible tree or susceptible wood in Wales; and (ii) any premises in Wales;

195

In articles 3 and 4, for “Great Britain”, in each place where it occurs (including in the heading to article 3), substitute “ a relevant territory ”.

196

• (1) Article 5 is amended as follows.

• (2) In paragraph (1)—

• (a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

• (b) for “Great Britain”, in the second place where it occurs, substitute “ that relevant territory ”.

• (3) In paragraph (2), for “Great Britain” substitute “ a relevant territory ”.

197

In article 6(2) and (3), for “Commissioners”, in each place where it occurs, substitute “ appropriate authority ”.

198

In article 8(2), for “another part of the United Kingdom” substitute “ a part of the United Kingdom other than a relevant territory ”.

199

• (1) Article 10(3) is amended as follows.

• (2) For “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”.

• (3) For “Great Britain”, in the second place where it occurs, substitute “ that relevant territory ”.

200

In article 13(1A), for “Great Britain” substitute “ a relevant territory ”.

End-of-Life Vehicles (Producer Responsibility) Regulations 2005

201

• (1) Regulation 24(4) of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005 is amended as follows.

• (2) In sub-paragraph (a), omit “and Wales”.

• (3) After sub-paragraph (a) insert—

(aa) Wales, the Natural Resources Body for Wales;

Charities (National Trust) Order 2005

202

• (1) The Appendix to the Charities (National Trust) Order 2005 is amended as follows.

• (2) In Part 3 of the Schedule—

• (a) omit “Countryside Council for Wales”;

• (b) in the appropriate place insert “ Natural Resources Body for Wales ”.

Hazardous Waste (England and Wales) Regulations 2005

203

The Hazardous Waste (England and Wales) Regulations 2005 are amended as follows.

204

In regulation 11, after sub-paragraph (a) insert—

(aa) the Natural Resources Body for Wales;

205

• (1) Schedule 7 is amended as follows.

• (2) In paragraph 4(3)(b), after “from Northern Ireland)” insert “ or the Natural Resources Body for Wales (where the waste is transported from Wales) ”.

• (3) In paragraph 5—

• (a) after “or Northern Ireland” insert “ or Wales ”;

• (b) after “from Northern Ireland)” insert “ or the Natural Resources Body for Wales (where the waste is transported from Wales) ”.

• (4) In paragraph 6—

• (a) in sub-paragraph (1), after “or Northern Ireland” insert “ or Wales ”;

• (b) in sub-paragraph (2)(a)(i), after “in Northern Ireland)” insert “ , or for the Natural Resources Body for Wales (where the waste is to be consigned to a consignee in Wales) ”.

Drought Plan Regulations 2005

206

In regulation 2(2)(i) of the Drought Plan Regulations 2005 , omit “the Countryside Council for Wales and”.

Plant Health (Forestry) Order 2005

207

The Plant Health (Forestry) Order 2005 is amended as follows .

208

• (1) Article 2 is amended as follows.

• (2) In the appropriate places insert the following definitions—

• “the appropriate authority” means—
• the Commissioners, in relation to England and Scotland;
• the Welsh Ministers, in relation to Wales;

“relevant territory” means— (a) England and Scotland; and (b) Wales;

• (3) In the definition of “EC transit goods”, for “Great Britain” substitute “ a relevant territory ”.

• (4) For the definition of “inspector” substitute—

“inspector” means any person authorised by the Commissioners or the Welsh Ministers to be an inspector for the purposes of this Order (see article 2A for further provision about inspectors);

• (5) In the definition of “landed”, for “Great Britain” substitute “ a relevant territory ”.

• (6) For the definition of “register” substitute—

“registers” means the registers of forestry traders maintained under article 24(1) and (2);

• (7) In the definition of “registered”, for “register” substitute “ either or both of the registers ”.

• (8) In the definition of “trees intended for planting”, for “Great Britain” substitute “ a relevant territory ”.

• (9) After paragraph (3) insert—

(3A) In articles 4(1), 7(6)(b), 11(c), 12(6), 18(1), 20(3), (4), (5) and (6) and 29(4), any reference to another part of the European Union is a reference to any part of the European Union except a relevant territory.

209

After article 2 insert—

(2A) (1) The functions of an inspector under articles 9, 10, 12, 13, 23 and 31(1) to (3) are exercisable— (a) in relation to tree pests and relevant material landed in England or Scotland, by an inspector authorised by the Commissioners; (b) in relation to tree pests and relevant material landed in Wales, by an inspector authorised by the Welsh Ministers. (2) The functions of an inspector under article 30 are exercisable— (a) in relation to compliance with the provisions of this Order in England or Scotland, by an inspector authorised by the Commissioners; (b) in relation to compliance with the provisions of this Order in Wales, by an inspector authorised by the Welsh Ministers. (3) The functions of an inspector under articles 31(4) to (7), 32, 40, and 41 are exercisable— (a) in relation to premises or a free zone in England or Scotland, by an inspector authorised by the Commissioners; (b) in relation to premises or a free zone in Wales, by an inspector authorised by the Welsh Ministers. (4) In paragraph (5)— (a) “supplementary function” means a function of an inspector under articles 33, 35, 36 and 37; (b) “related function” means the function of an inspector under this Order in relation to which a supplementary function is exercised. (5) A supplementary function is exercisable either by an inspector authorised by the Commissioners or by an inspector authorised by the Welsh Ministers according as the related function is exercisable under this article. (6) The functions of an inspector under article 42 are exercisable— (a) by an inspector authorised by the Commissioners in relation to— (i) premises in England or Scotland in respect of which a notice has been served under this Order; (ii) possession or control of tree pests or relevant material in England or Scotland; and (iii) sale or other disposal of tree pests or relevant material in England or Scotland; (b) by an inspector authorised by the Welsh Ministers in relation to— (i) premises in Wales in respect of which a notice has been served under this Order; (ii) possession or control of tree pests or relevant material in Wales; and (iii) sale or other disposal of tree pests or relevant material in Wales.

210

In article 3, in the definition of “approved place of inspection”, for “the Commissioners” substitute “ the appropriate authority ”.

211

• (1) Article 4 is amended as follows.

• (2) In paragraph (1), for “Great Britain” substitute “ a relevant territory ”.

• (3) In paragraph (2), for “the Commissioners” substitute “ the appropriate authority ”.

212

• (1) Article 6 is amended as follows.

• (2) In paragraph (1)—

• (a) for “Great Britain” substitute “ a relevant territory ”;

• (b) after “notice” insert “ to the appropriate authority ”.

• (3) In paragraph (2)—

• (a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

• (b) for “Great Britain”, in the second place where it occurs, substitute “ that relevant territory ”.

• (4) In paragraphs (3) and (4), for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

213

• (1) Article 7 is amended as follows.

• (2) In paragraphs (1), (2) and (3), for “Great Britain”, in each place where it occurs, substitute “ a relevant territory ”.

• (3) In paragraph (6)—

• (a) in sub-paragraph (a), for “Great Britain” substitute “ a relevant territory ”;

• (b) in sub-paragraph (b)—

• (i) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

• (ii) for “Great Britain”, in the second place where it occurs, substitute “ that relevant territory ”.

214

• (1) Article 8(1) is amended as follows.

• (2) For “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”.

• (3) For “Great Britain”, in the second place where it occurs, substitute “ the relevant territory ”.

215

In article 9(3), for “Great Britain” substitute “ a relevant territory ”.

216

• (1) Article 10(2) is amended as follows.

• (2) In sub-paragraph (a), for “Great Britain” substitute “ a relevant territory ”.

• (3) In sub-paragraph (b), for “control by the Commissioners” substitute “ control by the appropriate authority ”.

217

In article 11(c), for “Great Britain” substitute “ a relevant territory ”.

218

• (1) Article 12 is amended as follows.

• (2) In paragraph (5)—

• (a) for “Great Britain” substitute “ a relevant territory ”;

• (b) for “the Commissioners” substitute “ the appropriate authority ”.

• (3) In paragraph (6)—

• (a) for “Great Britain” substitute “ a relevant territory ”;

• (b) for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

• (4) In paragraph (7), for “the Commissioners” substitute “ the appropriate authority ”.

219

• (1) Article 16 is amended as follows.

• (2) In paragraph (2)—

• (a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

• (b) for “Great Britain”, in the second place where it occurs, substitute “ that relevant territory ”;

• (c) for “the Commissioners” substitute “ the appropriate authority ”.

• (3) In paragraphs (3) and (4), for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

220

• (1) Article 17 is amended as follows.

• (2) In paragraph (1)—

• (a) for “the Commissioners” substitute “ the appropriate authority ”;

• (b) after “destination” insert “ , within the relevant territory, ”.

• (3) In paragraphs (2) to (4), for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

• (4) In paragraph (5), for “the Commissioners may” substitute “ the appropriate authority may ”.

221

• (1) Article 18 is amended as follows.

• (2) In paragraph (1)—

• (a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

• (b) for “Great Britain”, in the second place where it occurs, substitute “ that relevant territory ”.

• (3) In paragraph (2), for “Great Britain” substitute “ a relevant territory ”.

222

In article 19(1), after “shall” insert “ , in a relevant territory, ”

223

• (1) Article 20 is amended as follows.

• (2) In paragraph (1)—

• (a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

• (b) for “consigned to Great Britain from” substitute “ originating in that relevant territory or ”.

• (3) In paragraph (2)—

• (a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

• (b) for “consigned to Great Britain from” substitute “ originating in that relevant territory or ”;

• (c) for “Great Britain”, in the last place where it occurs, substitute “ that relevant territory ”.

• (4) In paragraph (3)—

• (a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

• (b) for “Great Britain”, in the second place where it occurs, substitute “ either relevant territory ”.

• (5) In paragraph (4)—

• (a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

• (b) for “Great Britain”, in the second place where it occurs, substitute “ either relevant territory ”;

• (c) for “Great Britain”, in the last place where it occurs, substitute “ the relevant territory in which the movement takes place ”.

• (6) In paragraphs (5) and (6), for “Great Britain”, in each place where it occurs, substitute “ a relevant territory ”.

• (7) In paragraph (7), for “the Commissioners” substitute “ the appropriate authority ”.

224

• (1) Article 22 is amended as follows.

• (2) In paragraph (1)—

• (a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

• (b) for “Great Britain”, in the last place where it occurs, substitute “ that relevant territory ”.

• (3) In paragraph (3)—

• (a) in sub-paragraph (a), for “Great Britain”, in the first place where it occurs, substitute “ the relevant territory ”;

• (b) in sub-paragraph (b), for “Great Britain”, in each place where it occurs, substitute “ the relevant territory ”.

225

For article 24 substitute—

(24) (1) The Commissioners shall maintain a register listing the particulars set out in paragraph (3) with respect to each forestry trader who— (a) engages in any activity to which this Order applies at any premises in England or Scotland; and (b) meets the requirements of this Part. (2) The Welsh Ministers shall maintain a register listing the particulars set out in paragraph (3) with respect to each forestry trader who— (a) engages in any activity to which this Order applies at any premises in Wales; and (b) meets the requirements of this Part. (3) The particulars are— (a) the name of the forestry trader; (b) the name of the person responsible for making the application where that person is not the forestry trader; (c) the trading name of the forestry trader where that name is different from that of the forestry trader; (d) details of those activities to which this Order applies which the forestry trader undertakes or intends to undertake; (e) the address of the premises at which the forestry trader undertakes or intends to undertake the activities referred to in sub-paragraph (d); and (f) a registration number unique to the forestry trader. (4) The registers shall be open to inspection by the European Commission.

226

In article 25(3), for “register maintained under article 24(1)” substitute “ registers ”.

227

• (1) Article 26 is amended as follows.

• (2) In paragraph (1)—

• (a) for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”;

• (b) for “plant” substitute “ forestry ”.

• (3) In paragraph (2), for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

• (4) In paragraph (3)—

• (a) for “the Commissioners” substitute “ the appropriate authority ”;

• (b) for “register” substitute “ registers ”.

• (5) In paragraph (4)—

• (a) for “the Commissioners” substitute “ the appropriate authority ”;

• (b) for “plant” substitute “ forestry ”.

• (6) In paragraph (5), for “the Commissioners” substitute “ the appropriate authority ”.

228

In article 27, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

229

• (1) Article 28 is amended as follows.

• (2) In paragraphs (1) to (3), for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

• (3) In paragraph (4), for “The Commissioners'” substitute “ The appropriate authority's ”.

• (4) In paragraph (5), for “the Commissioners” substitute “ the appropriate authority ”.

• (5) In paragraph (6)—

• (a) for “the Commissioners” substitute “ the appropriate authority ”;

• (b) for “register” substitute “ registers ”.

230

• (1) Article 29 is amended as follows.

• (2) In paragraph (1), for “Great Britain” substitute “ a relevant territory ”.

• (3) In paragraph (2)—

• (a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

• (b) omit “to Great Britain”.

• (4) In paragraph (4), for “Great Britain” substitute “ a relevant territory ”.

231

In article 30(7), after “the Commissioners” insert “ or, as the case may be, the Welsh Ministers ”.

232

• (1) Article 31 is amended as follows.

• (2) In paragraph (1), for “Great Britain” substitute “ a relevant territory ”.

• (3) In paragraph (6)(b), for “Great Britain”, in each place where it occurs, substitute “ the relevant territory ”.

233

In article 32(5), after “the Commissioners” insert “ or, as the case may be, the Welsh Ministers ”.

234

In article 33(6)(a), for “the Commissioners” substitute “ the appropriate authority ”.

235

In article 34(4), for “register” substitute “ registers ”.

236

• (1) Article 36 is amended as follows.

• (2) In paragraph (2), after “the Commissioners” insert “ or, as the case may be, the Welsh Ministers ”.

• (3) In paragraph (3), for “the Commissioners” substitute “ the appropriate authority ”.

237

• (1) Article 38(1) is amended as follows.

• (2) For “Great Britain” substitute “ a relevant territory ”.

• (3) For “the Commissioners” substitute “ the appropriate authority ”.

238

In article 39, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

239

In article 40(1), for “the Commissioners” substitute “ the appropriate authority ”.

240

• (1) Article 41 is amended as follows.

• (2) In paragraph (1), for “the Commissioners” substitute “ the appropriate authority ”.

• (3) In paragraph (2), for “Great Britain”, in the last place where it occurs, substitute “ a relevant territory ”.

241

• (1) Article 42 is amended as follows.

• (2) For “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

• (3) In paragraph (2)(b)(iv), for “Great Britain” substitute “ a relevant territory ”.

242

In article 43(2), for “Great Britain” substitute “ a relevant territory ”.

243

In Schedule 7, in paragraph 2 of Part A, for “the Forestry Commission” substitute “ the appropriate authority ”.

244

• (1) Schedule 9 is amended as follows.

• (2) In paragraph 3(b)—

• (a) for “the Commissioners” substitute “ the appropriate authority ”;

• (b) for “Great Britain” substitute “ a relevant territory ”.

• (3) In paragraph 7(j), for “Great Britain” substitute “ the relevant territory ”.

245

In Schedule 13, in paragraph 2(b), for “the Commissioners” substitute “ the appropriate authority ”.

Water Resources (Abstraction and Impounding) Regulations 2006

246

The Water Resources (Abstraction and Impounding) Regulations 2006 are amended as follows.

247

In the following provisions, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “appropriate agency's” respectively—

• (a) regulations 2 to 27 (including the headings to regulations 10, 15 to 24 and 26 and the cross-heading before regulation 14);

• (b) regulations 29 to 32 (including the heading to regulation 31);

• (c) regulation 34;

• (d) Schedule 2 (including the heading to that Schedule and the headings to paragraphs 1, 2, 4, 6 and 8).

Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

248

The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 are amended as follows.

249

In rule 4(1), in the appropriate place insert—

“the appropriate agency” means— (a) the Environment Agency for works in or adjacent to England; (b) the Natural Resources Body for Wales for works in or adjacent to Wales;

250

• (1) Rule 7(8) is amended as follows.

• (2) In sub-paragraph (c), after “Environment Agency” insert “ for a proposal affecting land in or adjacent to, or tidal waters in or adjacent to, England ”.

• (3) In sub-paragraph (e), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

251

• (1) Rule 8(4) is amended as follows.

• (2) In sub-paragraph (c), after “Environment Agency” insert “ for a proposal affecting land in or adjacent to, or tidal waters in or adjacent to, England ”.

• (3) In sub-paragraph (e), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

252

In rule 12(8)(e)(vi), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

253

• (1) In Schedule 5, the table is amended as follows.

• (2) In rows 1 to 6 and 20, in column (2), for “Environment Agency” substitute “ appropriate agency ”.

• (3) In rows 17 and 18, in column (2), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

254

• (1) In Schedule 6, the table is amended as follows.

• (2) In rows 1 to 3, in column (2), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

• (3) In row 5, in column (2), for “Environment Agency” substitute “ appropriate agency ”.

Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006

255

The Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006 is amended as follows.

256

• (1) Article 2 is amended as follows.

• (2) In the definition of “approved measure”, for “the Commissioners” substitute “ the appropriate authority ”.

• (3) In the definition of “inspector”, after “the Commissioners” insert “ or the Welsh Ministers ”.

• (4) After the definition of “repair” insert—

“the appropriate authority” means— (a) the Commissioners, in relation to England and Scotland; (b) the Welsh Ministers, in relation to Wales;

257

In articles 3 to 11, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

258

In Schedule 2, in the form of certificate, before the Appendix insert—

[or, as appropriate] Signed on behalf of the Welsh Ministers

Plant Health (Fees) (Forestry) Regulations 2006

259

The Plant Health (Fees) (Forestry) Regulations 2006 are amended as follows.

260

In regulation 2(1), in the appropriate place insert—

“action” means any action for which a fee is payable pursuant to paragraphs (2) to (6) of regulation 3;

261

For regulation 3(1) substitute—

(1) Fees are payable— (a) to the Forestry Commissioners, where an action is carried out by— (i) the Forestry Commissioners; or (ii) an inspector in circumstances where the relevant function of the inspector is exercisable by an inspector authorised by the Forestry Commissioners; (b) to the Welsh Ministers, where an action is carried out by— (i) the Welsh Ministers; or (ii) an inspector in circumstances where the relevant function of the inspector is exercisable by an inspector authorised by the Welsh Ministers.

Waste Electrical and Electronic Equipment Regulations 2006

262

The Waste Electrical and Electronic Equipment Regulations 2006 are amended as follows.

263

• (1) Regulation 2(1) is amended as follows.

• (2) In the definition of “appropriate authority”—

• (a) in sub-paragraph (a), omit “or Wales”;

• (b) after sub-paragraph (a) insert—

(aa) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate authority in Wales, the Natural Resources Body for Wales;

• (c) in sub-paragraph (e)—

• (i) in paragraph (i), omit “or Wales”;

• (ii) after paragraph (i) insert—

(ia) where the producer's registered office or principal place of business is in Wales, the Natural Resources Body for Wales;

• (d) in sub-paragraph (g)—

• (i) in paragraph (i), omit “or Wales”;

• (ii) after paragraph (i) insert—

(ia) where the operator of the scheme's registered office or principal place of business is in Wales, the Natural Resources Body for Wales;

• (e) in sub-paragraph (h)—

• (i) in paragraph (i), omit “or Wales”;

• (ii) after paragraph (i) insert—

(ia) where the operator of the ATF's or the exporter's registered office or principal place of business is in Wales, the Natural Resources Body for Wales;

• (f) in sub-paragraph (i)—

• (i) in paragraph (i), omit “or Wales”;

• (ii) after paragraph (i) insert—

(ia) where the operator of the collection facility's registered office or principal place of business is in Wales, the Natural Resources Body for Wales;

• (3) After the definition of “member State” insert—

“Natural Resources Body for Wales” means the body established by article 3 of the Natural Resources Body for Wales (Establishment) Order 2012;

264

In regulation 41(4)(c)(i), after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

265

In regulation 43(e)(i), after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

266

• (1) Regulation 45(5) is amended as follows.

• (2) At the end of sub-paragraph (a), omit “or”.

• (3) After sub-paragraph (a) insert—

(aa) by the Natural Resources Body for Wales in respect of applications for approval made under regulation 41 to that appropriate authority; or

267

In regulation 47(1)(c)(i), after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

268

In regulation 48(1)(c)(i), after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

269

• (1) Regulation 51(4) is amended as follows.

• (2) At the end of sub-paragraph (a), omit “or”.

• (3) After sub-paragraph (a) insert—

(aa) by the Natural Resources Body for Wales in respect of applications for approval made under regulation 47 or 48 to that appropriate authority; or

270

In regulation 66(1)(a) and (3)(a), after “Environment Agency” insert “ or of the Natural Resources Body for Wales ”.

271

• (1) Regulation 70(2) is amended as follows.

• (2) In sub-paragraph (a), omit “and Wales”.

• (3) After sub-paragraph (a) insert—

(aa) in Wales, the Natural Resources Body for Wales;

Water Resources Management Plan Regulations 2007

272

In regulation 2(2)(i) of the Water Resources Management Plan Regulations 2007 , omit “the Countryside Council for Wales and”.

Producer Responsibility Obligations (Packaging Waste) Regulations 2007

273

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 are amended as follows.

274

• (1) Regulation 2 is amended as follows.

• (2) For the definition of “appropriate agency” substitute—

“appropriate agency” means— (a) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate agency in England, the Environment Agency; (b) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate agency in Scotland, SEPA; (c) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate agency in Wales, the Natural Resources Body for Wales; (d) for the purposes of any provision of these Regulations relating to the obligations of any other person— (i) the Environment Agency, where at the beginning of the relevant year the person's registered office or principal place of business is in England; (ii) SEPA, where at the beginning of the relevant year the person's registered office or principal place of business is in Scotland; (iii) the Natural Resources Body for Wales, where at the beginning of the relevant year the person's registered office or principal place of business is in Wales; (iv) at the election of the person, the Environment Agency, SEPA or the Natural Resources Body for Wales, where at the beginning of the relevant year the person does not have a registered office or principal place of business in Great Britain; (v) in relation to schemes, where there is more than one operator of a scheme and such operators have registered offices or principal places of business in England and in Scotland (but not in Wales)— (aa) the Environment Agency where the operators have elected to apply for approval of the scheme from the Secretary of State; or (bb) SEPA where the operators have elected to apply for approval of the scheme from the Scottish Ministers; (vi) in relation to schemes, where there is more than one operator of a scheme and such operators have registered offices or principal places of business in Wales and in Scotland (but not in England)— (aa) the Natural Resources Body for Wales where the operators have elected to apply for approval of the scheme from the Secretary of State; or (bb) SEPA where the operators have elected to apply for approval of the scheme from the Scottish Ministers; (vii) in relation to schemes where there is more than one operator of a scheme and such operators have registered offices or principal places of business in England and in Wales (but not in Scotland), at the election of the operators, the Environment Agency or the Natural Resources Body for Wales; or (viii) in relation to schemes, where there is more than one operator of a scheme and such operators have registered offices or principal places of business in England, in Scotland and in Wales— (aa) SEPA, where the operator has elected to apply for approval of the scheme from the Scottish Ministers; (bb) at the election of the operator, the Environment Agency or the Natural Resources Body for Wales, where the operator has elected to apply for approval from the Secretary of State.

• (3) In the definition of “appropriate authority”, in sub-paragraphs (b)(i) and (d), after “the Environment Agency” insert “ or the Natural Resources Body for Wales ”.

275

In regulation 40B, for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Marine Works (Environmental Impact Assessment) Regulations 2007

276

In regulation 2(1) of the Marine Works (Environmental Impact Assessment) Regulations 2007 , in the definition of “the nature conservation bodies”, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007

277

The Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 are amended as follows.

278

In regulation 25(3)(c), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

279

In regulation 71, for “the Countryside Council for Wales”, in each place where it occurs, substitute “ the Natural Resources Body for Wales ”.

Large Combustion Plants (National Emission Reduction Plan) Regulations 2007

280

The Large Combustion Plants (National Emission Reduction Plan) Regulations 2007 are amended as follows.

281

In regulation 2(1), in the appropriate place insert—

“the NRBW” means the Natural Resources Body for Wales;

282

In regulation 6(5), at the beginning insert “ The NRBW, ”.

283

• (1) Regulation 7 is amended as follows.

• (2) In paragraph (1), omit “and Wales”.

• (3) After paragraph (1) insert—

(1A) The NRBW must verify the annual report of each operator of a participating plant in Wales relating to the actual annual mass emission of each of the LCPD pollutants from the participating plant.

• (4) In paragraph (4), at the beginning insert “ The NRBW, ”.

284

• (1) Regulation 9 is amended as follows.

• (2) In paragraph (2), before “SEPA”, in each place where it occurs, insert “ the NBRW, ”.

• (3) In paragraph (4)(b)—

• (a) in paragraph (i), omit “or Wales”;

• (b) after paragraph (i) insert—

(ia) the NRBW, if the participating plant in question is in Wales,

285

In regulation 12, after sub-paragraph (a) omit “and” and insert—

(aa) the NRBW;

286

• (1) In Schedule 1, paragraph 1 is amended as follows.

• (2) In sub-paragraph (a), omit “or Wales”.

• (3) After sub-paragraph (a) insert—

(aa) of a participating plant in Wales, to the NRBW in accordance with the conditions of the environmental permit under the Environmental Permitting (England and Wales) Regulations 2010;

Persistent Organic Pollutants Regulations 2007

287

• (1) Regulation 3(1) of the Persistent Organic Pollutants Regulations 2007 is amended as follows.

• (2) In sub-paragraph (a), omit “and Wales”.

• (3) After sub-paragraph (a) insert—

(aa) in Wales, the Natural Resources Body for Wales;

Legislative and Regulatory Reform (Regulatory Functions) Order 2007

288

• (1) The Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 is amended as follows.

• (2) In Part 1, in the list of bodies, in the appropriate place insert— “ Natural Resources Body for Wales ”.

Local Government Pension Scheme (Transitional Provisions) Regulations 2008

289

• (1) Regulation 15 of the Local Government Pension Scheme (Transitional Provisions) Regulations 2008 is amended as follows.

• (2) After paragraph (2) insert—

(2A) Subject to paragraphs (3) and (7), these Regulations, the Benefits Regulations and the Administration Regulations also apply to a person to whom this regulation applies and who— (a) was an active member before 1 April 2008; (b) was in the continuous employment of the Environment Agency from 1 April 2008 to 31 March 2013; and (c) has been since then in the continuous employment of the Natural Resources Body for Wales.

• (3) After paragraph (7) insert—

(8) Paragraph (9) applies to a person— (a) to whom regulation 22 of the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 applies for any purpose immediately before 1 April 2013 by virtue of any provision of these Regulations, and (b) whose employment is transferred from the Environment Agency to the Natural Resources Body for Wales in connection with or as a consequence of the transfer of any functions from the Agency to the Body on 1 April 2013. (9) The transfer of the person's employment does not affect the continuing application to the person of regulation 22 of the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 or of any provision of the 1997 Regulations that applies to the person by virtue of that regulation.

Local Government Pension Scheme (Administration) Regulations 2008

290

After regulation 8B of the Local Government Pension Scheme (Administration) Regulations 2008 insert—

(8C) (1) Any provision of these Regulations, the Benefits Regulations or the Transitional Regulations which confers a function on a body by virtue of having been a member's employer shall have effect as if the Natural Resources Body for Wales was the employer of a person to whom paragraph (2) applies at all times when that person was an active member. (2) This paragraph applies to any deferred or pensioner member— (a) who is a member by virtue of— (i) employment with the Environment Agency (including any employment transferred to that Agency) which ended before 1 April 2013; or (ii) employment with the National Rivers Authority which ended before 1 April 1996; and (b) in respect of whom the pension liabilities of the Environment Agency were transferred to the Natural Resources Body for Wales on 1 April 2013 by a transfer scheme made by the Welsh Ministers under section 23 of the Public Bodies Act 2011.

Bathing Water Regulations 2008

291

The Bathing Water Regulations 2008 are amended as follows.

292

• (1) Regulation 2(1) is amended as follows.

• (2) In the definition of “abnormal situation”, for “Agency” substitute “ appropriate agency ”.

• (3) Omit the definitions of “the Agency” and “Agency management measures”.

• (4) In the appropriate place insert—

“the appropriate agency” means— (a) in relation to a bathing water in England, the Environment Agency; (b) in relation to a bathing water in Wales, the Natural Resources Body for Wales; “appropriate agency management measures” means measures in relation to a bathing water taken by the appropriate agency— (a) to reduce the risk of pollution (being measures within the appropriate agency's responsibilities referred to in regulation 5); or (b) under regulations 7 to 11;

• (5) In the definitions of “management measures”, “relevant measures for short-term pollution” and “short-term pollution”, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

293

• (1) Regulation 3 is amended as follows.

• (2) In paragraph (2), for “Agency” substitute “ Environment Agency ”.

• (3) In paragraph (3), for “Agency” substitute “ Natural Resources Body for Wales ”.

294

• (1) Regulation 5 is amended as follows.

• (2) In paragraph (1), for “and the Agency” substitute “ , the Environment Agency and the Natural Resources Body for Wales ”.

• (3) In paragraph (5), for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

295

In regulations 6 to 15, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

296

• (1) Regulation 16 is amended as follows.

• (21) In paragraph (4)(a), for “the Agency and the Welsh Ministers” substitute “ the Welsh Ministers, the Environment Agency and the Natural Resources Body for Wales ”.

• (3) In paragraph (5), for “and the Agency” substitute “ , the Environment Agency and the Natural Resources Body for Wales ”.

297

In regulations 17 and 18, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

298

In Schedule 2, in paragraph 2, and in Schedules 3 and 4, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

Dee Estuary Cockle Fishery Order 2008

299

The Dee Estuary Cockle Fishery Order 2008 is amended as follows.

300

• (1) Article 2 is amended as follows.