The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the environment.

In accordance with section 2(4) of the Pollution Prevention and Control Act 1999 (“the 1999 Act”)3, the Secretary of State has consulted the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency, and such bodies or persons appearing to the Secretary of State to be representative of the interests of local government, industry, agriculture and small businesses, and such other bodies and persons, as the Secretary of State considers appropriate.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 (“the 1972 Act”), and it appears to the Secretary of State that it is expedient for the references to an EU instrument in these Regulations to be construed as references to that instrument as amended from time to time.

These Regulations make provision for amendment of section 41A of the Environment Act 19954, and such amendment is made in exercise of the powers conferred by section 2(2) of the 1972 Act notwithstanding the absence of an approved prior draft.

Accordingly the Secretary of State, in exercise of the powers conferred by sections 2 and 7(9) of, and Schedule 1 to, the 1999 Act5 and by section 2(2) of the 1972 Act, as read with paragraph 1A of Schedule 2 to the 1972 Act6, makes the following Regulations7: