Statutory Instruments
2010 No. 75
Environmental Protection, England And Wales
The Pollution Prevention and Control (Designation of Directives)(England and Wales) Order 2010
Made
14th January 2010
Coming into force
15th February 2010
The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make this Order in exercise of the powers conferred by paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 1999( 1 ).
Citation, commencement, extent and application
1. —(1) This Order may be cited as the Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2010; it extends to England and Wales and comes into force on 15th February 2010.
(2) This Order applies to the sea adjacent to England and Wales out as far as the seaward boundary of the territorial sea; and for that purpose—
(a) the sea adjacent to England is so much of the sea adjacent to Great Britain as is not the sea adjacent to Wales or the sea adjacent to Scotland;
(b) the sea adjacent to Wales has the same meaning as it has by virtue of section 158(3) or (4) of the Government of Wales Act 2006( 2 ); and
(c) the sea adjacent to Scotland has the same meaning as the internal waters and territorial sea of the United Kingdom adjacent to Scotland has by virtue of section 126(2) of the Scotland Act 1998( 3 ).
Revocation
2. The following Orders are revoked—
(a) the Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2007( 4 );
(b) the Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2008( 5 );
(c) the Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2009( 6 ).
Designation
3. 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) Council Directive pollution caused by certain dangerous substances( 7 );
(b) Council Directive environmental pollution by asbestos( 8 );
(c) Council Directive pollution caused by waste from the titanium dioxide industry( 9 );
(d) European Parliament and Council Directive 10 );
(e) Council Directive 96/29/EURATOM( 11 ) laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation;
(f) Council Directive activities and installations( 12 );
(g) Council Directive 13 );
(h) Directive 14 );
(i) Directive 15 );
(j) Directive 16 );
(k) Directive air from large combustion plants( 17 );
(l) Directive 18 );
(m) Directive 19 );
(n) Council Directive 2003/122/EURATOM( 20 ) on the control of high-activity sealed radioactive sources and orphan sources;
(o) Directive 21 );
(p) Directive 22 );
(q) Directive 23 );
(r) Directive pollution and deterioration( 24 );
(s) Directive pollution prevention and control( 25 );
(t) Directive 26 ).
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
14th January 2010
Jane Davidson
Minister for Environment, Sustainability and Housing
one of the Welsh Ministers
13th January 2010
1999 c. 24 . Paragraph 9A was inserted by S.I. 2005/925 . Paragraph 21A was inserted by section 38 of the Waste and Emissions Trading Act 2003 (c. 33) . Paragraph 24 was amended by S.I. 2005/925 . Paragraph 25 was amended by section 105(1)(a) and (b) of the Clean Neighbourhoods and Environment Act 2005 (c. 16) . Functions of the Secretary of State under section 2 (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 S.I. 2005/1958 . Those functions were then transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006, c. 32 .
2006 c. 32 ; the boundary between the sea adjacent to Wales and that adjacent to England is described by article 6 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 2006 Act, S.I. 1999/672 continues to have effect.
1998 c. 46 ; the boundaries between waters which are to be treated as internal waters or territorial sea of the United Kingdom adjacent to Scotland and those which are not are set out in the Scottish Adjacent Waters Boundaries Order 1999 ( S.I. 1999/1126 ).
OJ No L 20, 26.1.1980, p 43, as last amended by Council Directive 91/692/EEC (OJ No L 377, 31.12.1991, p 48). This Directive is prospectively repealed by Directive 2000/60/EC of the European Parliament and of the Council (OJ No L 327, 22.12.2000, p 1).
OJ No L 85, 28.3.1987, p 40, as last amended by Council Regulation (EC) No 807/2003 (OJ No L 122, 16.5.2003, p 36).
OJ No L 409, 31.12.1992, p 11. There is a relevant corrigendum, OJ No L 48, 26.2.1993, p 68.
OJ No L 365, 31.12.1994, p 24, as amended by Regulation (EC) No 1882/2003 (OJ No L 284, 31.10.2003, p 1).
OJ No L 159, 29.6.1996, p 1.
OJ No L 85, 29.3.1999, p 1, as last amended by Directive 2008/112/EC of the European Parliament and of the Council (OJ No L 345, 23.12.2008, p 72). There is a relevant corrigendum, OJ No L 240, 10.9.1999, p 24.
OJ No L 182, 16.7.1999, p 1, as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council (OJ No L 311, 21.11.2008, p 1).
OJ No L 269, 21.10.2000, p 34, as last amended by Commission Decision 2008/689/EC (OJ No L 225, 23.8.2008, p 10).
O.J. No L 327, 22.12.2000, p 1, as last amended by Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide (OJ No L 140, 5.6.2009, p 114).
OJ No L 332, 28.12.2000, p 91, as amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council (OJ No L 311, 21.11.2008, p 1). There is a relevant corrigendum, OJ No L 145, 31.5.2001, p 52.
OJ No L 309, 27.11.2001, p 1, as last amended by Directive 2009/31/EC of the European Parliament and of the Council (OJ No L 140, p 114, 5.6.2009). There is a relevant corrigendum, OJ No L 319, 23.11.2002, p 30.
OJ No L 309, 27.11.2001, p 22, as last amended by Regulation (EC) No 219/2009 of the European Parliament and of the Council (OJ No L 87, 31.3.2009, p 109).
OJ No L 37, 13.2.2003, p 24, as last amended by Directive 2008/112/EC of the European Parliament and of the Council (OJ No L 345, 23.12.2008, p 68).
OJ No L 346, 31.12.2003, p 57.
OJ No L 114, 27.4.2006, p 9, as last amended by Directive 2009/31/EC of the European Parliament and of the Council (OJ No L 140, 5.6.2009, p 114).
OJ No L 102, 11.4.2006, p 15, as amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council (OJ No L 188, 18.7.2009, p 14).
OJ No L 266, 26.9.2006, p 1, as last amended by Directive 2008/103/EC of the European Parliament and of the Council (OJ No L 327, 5.12.2008, p 7). There is a relevant corrigendum, OJ No L 311, 10.11.2006, p 58.
OJ No L 372, 27.12.2006, p 19.
OJ No L 24, 29.1.2008, p 8.
OJ No L 312, 22.11.2008, p 3.