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Session 1998-99
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Amendments to the Pollution Prevention and Control Bill [ H.L. ]

Pollution Prevention and Control Bill [ H.L. ] -
Amendments to be debated in the House of Lords

Here you can browse the Marshalled List of Amendments to the Pollution Prevention and Control Bill [ H.L. ] to be moved in Committee in the House of Lords.

    The amendments have been marshalled in accordance with the instruction of 21st January 1999, as follows--  
Clause 1
Schedule 1
Clauses 2 and 3
     Schedules 2 and 3
Clause 4

[Amendments marked * are new or have been altered]
 
Amendment No. 
  
Clause 1
 
  
BY THE BARONESS BYFORD
THE LORD LUKE
 
1     Page 1, line 6, leave out from beginning to ("for") in line 11 
2     Page 1, line 7, leave out ("any") and insert ("significant") 
  
BY THE LORD PEYTON OF YEOVIL
 
3     Page 1, line 7, leave out from ("pollution") to end of line 9 
  
BY THE BARONESS BYFORD
THE LORD LUKE
 
4     Page 1, line 9, at end insert--
 
    ("(1A)  In subsection (1) above, "significant" has such meaning as the Secretary of State may by order prescribe.
 
    (1B)  No order shall be made under subsection (1A) above unless a draft has been laid before, and approved by resolution of, each House of Parliament.")
 
5     Page 1, line 13, leave out ("subsection (1) and") 
  
BY THE LORD PEYTON OF YEOVIL
 
6     Page 1, line 17, leave out ("(with or without other activities)") 
  
BY THE BARONESS BYFORD
THE LORD LUKE
 
7     Page 1, line 25, at end insert--
 
    ("(  )  Regulations under this section shall require individuals or bodies responsible for carrying out such activities as are referred to in the regulations to employ the best available techniques not entailing excessive cost to be used for minimising the pollution which may be caused to the environment as a whole by those activities.")
 
8





        5
     Page 1, line 25, at end insert--
 
    ("(  )  Before making regulations under this section, the Secretary of State shall--
    (a)  consult individuals and businesses involved in activities proposed to be subject to those regulations; and
 
 
    (b)  publish the result of that consultation.")
 
  
BY THE LORD LUCAS
[As an amendment to amendment 8]
 
9     Line 5, after ("regulations;") insert--
    ("(  )  publish all submissions made to him as part of that consultation, and all relevant expert reports and opinions commissioned by him;")
 
  
BY THE LORD PEYTON OF YEOVIL
 
10     Page 1, leave out lines 28 and 29 
  
BY THE BARONESS BYFORD
THE LORD LUKE
 
11     Page 2, line 2, leave out ("by such persons,") 
12     Page 2, line 6, after first ("provisions") insert ("(but not") 
  
BY THE LORD WHITTY
 
13     Page 2, line 11, at end insert--
 
    ("(4A)  Before making any regulations under this section, the Secretary of State shall consult--
    (a)  the Environment Agency if the regulations are to apply in relation to England or Wales;
    (b)  the Scottish Environment Protection Agency if the regulations are to apply in relation to Scotland;
 
          8
          9
(c)  such bodies or persons appearing to him to be representative of the interests of local government as he may consider appropriate; 
          11
          12
(d)  such bodies or persons appearing to him to be representative of the interests of industry as he may consider appropriate; and 
 (e)  such other bodies or persons as he may consider appropriate. 
          14(4B)  Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (4A) as if undertaken after that passing.") 
  
[Amendments 14 to 20 are amendments to amendment 13]

BY THE BARONESS BYFORD
THE LORD LUKE
 
14     Line 8, leave out ("such bodies or persons appearing to him to be") and insert ("organisations or persons") 
15     Line 9, leave out ("as he may consider appropriate") 
16     Leave out lines 11 and 12 and insert--
    ("(d)  organisations representing industry and small businesses; and")
 
17     Line 11, leave out ("such bodies or persons appearing to him to be") and insert ("bodies or persons") 
18     Line 12, after ("industry") insert ("and small businesses") 
19     Line 12, leave out ("as he may consider appropriate") 
  
BY THE LORD JENKIN OF RODING
 
20     Line 14, after ("Act") insert (", which had it been undertaken after that passing, would have complied with subsection (4A),") 
  
BY THE LORD WHITTY
 
21     Page 2, line 12, leave out subsection (5) and insert--
 
    ("(5A)  The power to make regulations under this section shall be exercised by statutory instrument.
 
    (5B)  A statutory instrument containing regulations under this section, if made without a draft having been laid before, and approved by a resolution of, each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.
 
         8(5C)  But no regulations to which this subsection applies shall be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament. 
     (5D)  Subsection (5C) applies to--
    (a)  the first regulations to be made under this section which apply in relation to England;

    (b)  the first regulations to be made under this section which apply in relation to Wales;

    (c)  the first regulations to be made under this section which apply in relation to Scotland;
          19
    (d)  regulations under this section which create an offence or increase a penalty for an existing offence.")
 
  
[Amendments 22 and 23 are amendments to Amendment 21]

BY THE LORD JENKIN OF RODING
 
22     Line 8, leave out ("But") 
23     Line 19, after ("which") insert ("include provisions to amend or repeal any Act of Parliament or which") 
  
BY THE BARONESS BYFORD
THE LORD LUKE
 
24     Page 2, line 12, at end insert--
 
    ("(6)  A statutory instrument containing the first such regulations or any subsequent regulations which--
    (a)  create new offences,
    (b)  increase penalties for offences created under the first regulations under this section, or
    (c)  provide for the amendment or repeal of any Act of Parliament,
shall not be made unless it has been laid in draft before, and approved by resolution of, each House of Parliament.
 
    (7)  A statutory instrument containing regulations other than those referred to in subsection (6) shall be")
 
  
Schedule 1
 
  
BY THE LORD JENKIN OF RODING
 
25     Page 4, line 24, leave out ("or guidance") 
26     Page 4, line 25, after ("or") insert ("guidance which regulators are to") 
27     Page 4, line 43, leave out ("particular") and insert ("appropriate cases") 
28     Page 5, line 6, leave out ("Restricting") and insert ("Controlling") 
29     Page 5, line 24, leave out from ("substances") to ("how") in line 25 and insert ("and of") 
  
BY THE LORD LUKE
THE BARONESS BYFORD
 
30     Page 5, line 38, at end insert ("including, in particular, the impact of any regulations on the agricultural and food industries") 
  
BY THE LORD LUCAS
 
31     Page 5, line 43, at end insert--
    ("(  )  that information is withheld from the registers only when it would cause substantial harm to specified interests.")
 
  
BY THE LORD LUKE
THE BARONESS BYFORD
 
32     Page 6, line 36, leave out from ("which,") to ("corresponds") in line 37 
  
BY THE BARONESS BYFORD
THE LORD LUKE
 
33     Page 6, line 37, leave out ("or is similar") 
  
BY THE LORD JENKIN OF RODING
 
34     Page 7, line 22, at end insert--
    ("(c) require the enforcing authority to publish annual accounts for any such scheme")
 
35     Page 7, line 22, at end insert-- 
 ("Restrictions on disclosure of information 
     .  Sub-paragraphs 12(b) and (c) do not require the disclosure of commercial information the disclosure of which would significantly harm the legitimate business interests of the business from whom the information was initially obtained.") 
36     Page 7, line 39, at end insert-- 
 ("Matters pending appeal 
     .  Where an appeal has been brought under paragraph 19, the operator may continue to operate an installation until the appeal has been heard and determined.") 
  
Clause 4
 
  
BY THE LORD JENKIN OF RODING
 
37     Page 3, leave out lines 16 to 19 
  
In the Title
 
  
BY THE LORD PEYTON OF YEOVIL
 
38     Line 1, leave out ("new") 
 
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Prepared 15 February 1999