Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2008 (S.I. No. 2549 of 2008)

(a) may be cited as the Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2008;

(b) comes into force on 6th October 2008; and

(c) extends to England and Wales. (2) For the purposes of this article— (a) England and Wales includes the sea adjacent to England and Wales out as far as the seaward boundary of the territorial sea; and (b) the sea adjacent to Wales has the same meaning as in section 158 of the Government of Wales Act 2006(d). (a) 1972 c. 68. (b) 1999 c. 24. Functions of the Secretary of State under or in relation to section 2 of that Act (except in relation to offshore oil and gas exploration and exploitation) so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 3 of the National Assembly for Wales (Transfer of Functions) Order 2005 (S.I. 2005/1958). Those functions were then transferred to the Welsh Ministers by virtue of section 162 of and paragraphs 26 and 30 of Schedule 11 to the Government of Wales Act 2006 (c.32). (c) Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

(d) 2006 c.32 (“the Act”); the boundary between the sea adjacent to Wales and that adjacent to England is described by article 6 of and Schedule 3 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). By virtue of section 162 of and paragraph 26 of Schedule 11 to the Act, S.I. 1999/672 continues to have effect. Designation 2.—(1) The following Directives are designated as relevant directives for the purposes of paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 1999— (a) Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries and amending Directive 2004/35/EC(a); and (b) Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control(b). (2) For the purposes of this Order, the references to the Directives in paragraph (1) are references to those Directives as amended from time to time. Jane Davidson Minister for Environment, 28th September 2008 Sustainability and Housing, one of the Welsh Ministers Joan Ruddock Parliamentary Under Secretary of State 24th September 2008 Department for Environment, Food and Rural Affairs (a) OJ No. L 102, 11.4.2006, p15. (b) OJ No. L 24, 29.1.2008, p8. 2 EXPLANATORY NOTE (This note is not part of the Order) This Order designates Directive 2006/21/EC (on the management of waste from extractive industries and amending Directive 2004/35/EC) and Directive 2008/1/EC (concerning integrated pollution prevention and control), as amended from time to time, as relevant directives for the purposes of paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 1999. This Order extends to England and Wales only. A full impact assessment has not been produced for this instrument as no impact on the public, private or voluntary sectors is foreseen. ____________________________________________________________________________________________________________ ¤ Crown copyright 2008 Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament. 3 STATUTORY INSTRUMENTS 2008 No. 2549 ENVIRONMENTAL PROTECTION, ENGLAND AND WALES The Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2008 £4.00 E3070 10/2008 183070T 19585