House of Lords portcullis
House of Lords
Session 1998-99
Publications on the internet
Other Bills before Parliament
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 Amendments to the Pollution Prevention and Control Bill [H.L.] to be moved in Committee (on Re-Commitment) in the House of Lords.

  
Clause 1
 
  
BY THE LORD WHITTY
 
     Page 1, line 5, leave out from ("make") to ("provision") in line 11 
     Page 1, line 12, at end insert--
 
    ("(2A)  The powers of the Secretary of State under subsection (1) shall be exercisable--
    (a)  for or in connection with regulating activities which are capable of causing any environmental pollution; or
    (b)  otherwise for or in connection with the prevention or control of emissions capable of causing any such pollution.")
 
     Page 1, line 13, leave out ("(1)") and insert ("(2A)") 
     Page 1, line 19, after ("land") insert ("which may give rise to any harm") 
     Page 1, line 25, at end insert--
 
    ("(  )  In the definition of "environmental pollution" in subsection (3), "harm" means--
    (a)  harm to the health of human beings or other living organisms;
    (b)  harm to the quality of the environment, including--
          (i)  harm to the quality of the environment taken as a whole,
          (ii)  harm to the quality of the air, water or land, and
          (iii)  other impairment of, or interference with, the ecological systems of which any living organisms form part;
    (c)  offence to the senses of human beings;
    (d)  damage to property; or
    (e)  impairment of, or interference with, amenities or other legitimate uses of the environment (expressions used in this paragraph having the same meaning as in Council Directive 96/61/EC).")
 
     Page 1, line 27, leave out from beginning to end of line 4 on page 2 
     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;
    (c)  such bodies or persons appearing to him to be representative of the interests of local government, industry and small businesses respectively as he may consider appropriate; and
    (d)  such other bodies or persons as he may consider appropriate.
    (4B)  Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (4A) as if undertaken after that passing.")
 
     Page 2, line 12, leave out subsection (5) and insert--
 
    ("(5)  The power to make regulations under this section shall be exercised by statutory instrument.
 
    (5A)  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.
 
    (5B)  No regulations to which this subsection applies shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
 
    (5C)  Subsection (5B) 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;
    (d)  regulations under this section which create an offence or increase a penalty for an existing offence;
    (e)  regulations under this section which amend or repeal any provision of an Act.")
 
  
Schedule 1
 
  
BY THE LORD WHITTY
 
     Page 4, line 43, leave out ("and, in particular, securing") and insert--
 
    ("(  )  Authorising permits to be granted subject to conditions imposed by regulators.
 
    (  )  Securing")
 
     Page 5, line 6, leave out ("Restricting") and insert ("Regulating") 
     Page 5, line 39, leave out ("(subject to any") and insert ("(but excepting information which under the regulations is, or is determined to be, commercially confidential and subject to any other") 
     Page 6, line 6, at end insert-- 
     ("(  )  Authorising regulators to appoint suitable persons to exercise any such functions and conferring powers (such as those specified in section 108(4) of the Environment Act 1995) on persons so appointed.")1995 c. 25.
     Page 6, line 32, after ("for") insert ("(or for the determination of)") 
     Page 7, line 5, at end insert-- 
 ("Determination of matters by regulators 
     . The regulations may make provision for anything which, by virtue of paragraphs 5 to 8, could be provided for by the regulations to be determined under the regulations by regulators.") 
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 9 March 1999