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The Natural Resources Body for Wales (Functions) Order 2013

Type Welsh-Statutory-Instrument

Publication 2013-03-25

Last updated 2020-12-31

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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The Finance Act 1996 is amended as follows.

389

In section 70(1), in the appropriate place insert—

“the Natural Resources Body for Wales” means the body established by article 3 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903);

390

In Schedule 5, in paragraph 35(1), after paragraph (b) insert—

(ba) the Natural Resources Body for Wales;

Government of Wales Act 1998 (c. 38)

391

The Government of Wales Act 1998 is amended as follows.

392

In Part 3 of Schedule 4, omit paragraph 15.

393

In Schedule 7, omit paragraphs 1 and 2.

Pollution Prevention and Control Act 1999 (c. 24)

394

The Pollution Prevention and Control Act 1999 is amended as follows.

395

(1) Section 2(4) is amended as follows.

(2) In paragraph (a) omit “or Wales”.

(3) After paragraph (a) insert—

(aa) the Natural Resources Body for Wales if the regulations are to apply in relation to Wales;

396

In section 3(4)(a), after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

Care Standards Act 2000 (c. 14)

397

In Schedule 2A to the Care Standards Act 2000, in paragraph 15, for “The Countryside Council for Wales” substitute “ The Natural Resources Body for Wales ”.

Regulation of Investigatory Powers Act 2000 (c. 23)

398

In Part 2 of Schedule 1 to the Regulation of Investigatory Powers Act 2000, after paragraph 28E insert—

The Natural Resources Body for Wales (28F) The Natural Resources Body for Wales.

Freedom of Information Act 2000 (c. 36)

399

(1) Part 6 of Schedule 1 to the Freedom of Information Act 2000 is amended as follows.

(2) Omit “The Countryside Council for Wales.”

(3) In the appropriate place insert “ The Natural Resources Body for Wales. ”

Countryside and Rights of Way Act 2000 (c. 37)

400

The Countryside and Rights of Way Act 2000 is amended as follows.

401

In section 1(2), in the definition of “the appropriate countryside body”, in paragraph (b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

402

In sections 4(2) and 20(2) and (3), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

403

(1) Section 21 is amended as follows.

(2) In subsection (6)(a), after “any land” insert “ in England ”.

(3) After subsection (6) insert—

(6A) Where— (a) it appears to the Natural Resources Body for Wales that any land in a National Park in Wales which is dedicated for the purposes of this Part under section 16 consists wholly or predominantly of woodland, and (b) the Natural Resources Body for Wales give to the relevant National Park Authority who are apart from this subsection the relevant authority for the purposes of this Chapter in relation to the land a notice stating that the Natural Resources Body for Wales are to be the relevant authority for those purposes as from a date specified in the notice, the Natural Resources Body for Wales shall as from that date become the relevant authority in relation to that land for those purposes, but subject to subsection (7A).

(4) In subsection (7), after “any land” insert “ in England ”.

(5) After subsection (7) insert—

(7A) Where it appears to the Natural Resources Body for Wales that any land in relation to which they are by virtue of subsection (6A) the relevant authority for the purposes of this Chapter has ceased to consist wholly or predominantly of woodland, the Natural Resources Body for Wales may, by giving notice to the National Park Authority who would apart from subsection (6A) be the relevant authority, revoke the notice under subsection (6A) as from a date specified in the notice under this subsection.

404

In section 26, for “the Countryside Council for Wales”, in each place where it occurs, substitute “ the Natural Resources Body for Wales ”.

405

(1) Section 33 is amended as follows.

(2) For “the Countryside Council for Wales”, in each place where it occurs, substitute “ the Natural Resources Body for Wales ”.

(3) In subsection (2) omit paragraph (b) (and the “and” before it).

406

In sections 58(1)(b) and 61(1)(f), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

407

(1) Section 82(2) is amended as follows.

(2) For “the Countryside Council for Wales (in this Part referred to as “the Council”)” substitute “ the Natural Resources Body for Wales (in this Part referred to as “the NRBW”) ”.

(3) For “Council”, in the second place where it occurs, substitute “ NRBW ”.

408

In sections 83, 84, 86(7)(a), 90(1)(a)(ii) and 91(3), for “Council”, in each place where it occurs, substitute “ NRBW ”.

409

(1) Section 92(1) is amended as follows.

(2) Omit the definition of “the Council”.

(3) In the appropriate place insert—

“the NRBW” means the Natural Resources Body for Wales;

410

In Part 2 of Schedule 1, in paragraph 14(1), in the definition of “statutory undertaker”, after “Environment Agency” insert “ , the Natural Resources Body for Wales ”.

411

(1) Schedule 6 is amended as follows.

(2) In paragraph 12, in the section 119D(12) to be inserted into the Highways Act 1980 as respects Wales, in the definition of “the appropriate conservation body”, in paragraph (b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

(3) In paragraph 16, in the section 135A(6)(c) to be inserted into that Act, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

412

In Schedule 13, in paragraph 6(2), for “Council” substitute “ NRBW ”.

Waste and Emissions Trading Act 2003 (c. 33)

413

In section 19(4)(a) of the Waste and Emissions Trading Act 2003, for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Water Act 2003 (c. 37)

414

The Water Act 2003 is amended as follows.

415

In section 3, for “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the appropriate agency ”.

416

(1) Section 4 is amended as follows.

(2) In subsection (1), in the opening words, for “Environment Agency's” substitute “ appropriate agency's ”.

(3) For “the Agency”, in each place where it occurs, substitute “ the appropriate agency ”.

(4) In subsection (2)(a), for “Environment Agency” substitute “ appropriate agency ”.

417

(1) Section 7 is amended as follows.

(2) In subsection (3)—

(a) for “Agency”, in each place where it occurs, substitute “ appropriate agency ”;

(b) for “Agency's” substitute “ appropriate agency's ”.

418

In section 10(5)(c), for “Agency” substitute “ appropriate agency ”.

419

In section 27(1)(a), for “Environment Agency” substitute “ appropriate agency ”.

420

(1) Section 33 is amended as follows.

(2) In subsection (3)(a), for “Agency” substitute “ appropriate agency ”.

(3) In subsection (5)—

(a) after “Environment Agency” insert “ or of the Natural Resources Body for Wales, whether framed by reference to the appropriate agency or otherwise, ”;

(b) after “the Agency's” insert “ or, as the case may be, the Natural Resources Body for Wales', ”.

421

(1) Section 52 is amended as follows.

(2) In subsection (1)—

(a) at the end of paragraph (c), omit “and”;

(b) after paragraph (c) insert—

(ca) the Natural Resources Body for Wales, and

(3) In subsection (3), for paragraph (c) substitute—

(c) in the case of the Environment Agency and the Natural Resources Body for Wales, to their functions concerning water resources and water pollution so far as they relate to water and sewerage undertakers and licensed water suppliers.

422

In section 102, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

423

In section 103, for “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

424

In section 105(2), after paragraph (b) insert—

(ba) “the appropriate agency” has the meaning given by section 221 of the WRA,

Energy Act 2004 (c. 20)

425

The Energy Act 2004 is amended as follows.

426

In section 14(3)(g), after “the Environment Agency” insert “ , the Natural Resources Body for Wales ”.

427

(1) Schedule 2 is amended as follows.

(2) In paragraph 4(2), after paragraph (b) insert—

(ba) the Natural Resources Body for Wales;

(3) In paragraph 5(9), after paragraph (c) insert—

(ca) the Natural Resources Body for Wales;

428

(1) Schedule 3 is amended as follows.

(2) In paragraph 2(1), after paragraph (b) insert—

(ba) the Natural Resources Body for Wales;

(3) In paragraph 3(8), after paragraph (c) insert—

(ca) the Natural Resources Body for Wales;

Civil Contingencies Act 2004 (c. 36)

429

In Part 1 of Schedule 1 to the Civil Contingencies Act 2004, after paragraph 12 insert—

(12A) The Natural Resources Body for Wales.

Public Services Ombudsman (Wales) Act 2005 (c. 10)

430

In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005, for “The Countryside Council for Wales” substitute “ The Natural Resources Body for Wales ”.

Natural Environment and Rural Communities Act 2006 (c. 16)

431

The Natural Environment and Rural Communities Act 2006 is amended as follows.

432

In section 32(1)(b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

433

In section 42(2) and (4), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Commons Act 2006 (c. 26)

434

In Schedule 1 to the Commons Act 2006, in paragraph 1(1)(c) and (2), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Commissioner for Older People (Wales) Act 2006 (c. 30)

435

In Schedule 2 to the Commissioner for Older People (Wales) Act 2006, for “The Countryside Council for Wales” substitute “ The Natural Resources Body for Wales ”.

Government of Wales Act 2006 (c. 32)

436

The Government of Wales Act 2006 is amended as follows.

437

(1) Section 148(2) is amended as follows.

(2) Omit paragraph (b).

(3) After paragraph (k) insert—

(ka) the Natural Resources Body for Wales,

438

In section 152(6), after paragraph (a) insert—

(aa) the Natural Resources Body for Wales, if concerned in the case,

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

439

(1) Schedule 5 to the Regulatory Enforcement and Sanctions Act 2008 is amended as follows.

(2) Omit “Countryside Council for Wales”.

(3) In the appropriate place insert “ Natural Resources Body for Wales ”.

Planning Act 2008 (c. 29)

440

In Schedule 8 to the Planning Act 2008, in paragraph 2, in the subsections (1A)(a) and (5A)(a) to be inserted into section 15 of the Forestry Act 1967 in relation to Wales, for “England and Wales” substitute “ England or Wales ”.

Marine and Coastal Access Act 2009 (c. 23)

441

The Marine and Coastal Access Act 2009 is amended as follows.

442

In section 16(1), after paragraph (e) insert—

(f) the Natural Resources Body for Wales.

443

In section 147(1), in the definition of “the appropriate statutory conservation body”, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

444

In section 149(3), after paragraph (f) insert—

(g) the Natural Resources Body for Wales, in a case where, if the order were made, the IFC district established by the order would adjoin the Welsh inshore region,

445

In section 152(2), after paragraph (g) insert—

(h) the Natural Resources Body for Wales, in a case where the IFC district established by the order adjoins the Welsh inshore region,

446

In section 168(1), after paragraph (b) insert—

(c) the Natural Resources Body for Wales.

447

(1) Section 232 is amended as follows.

(2) In subsection (1), for “the Environment Agency” substitute “ the appropriate agency ”.

(3) In subsection (5)—

(a) for “the Environment Agency”, in each place where it occurs, substitute “ the appropriate agency ”;

(b) in paragraphs (h)(iii) and (j), for “the Agency” substitute “ the appropriate agency ”.

(4) In subsection (8), in the appropriate place insert—

“appropriate agency” means— (a) the Environment Agency, otherwise than in relation to Wales, and (b) the Natural Resources Body for Wales, in relation to Wales;

448

In section 238(3), after paragraph (c) insert—

(ca) byelaws made by the Natural Resources Body for Wales under Schedule 25 to the Water Resources Act 1991;

449

Omit section 313.

Equality Act 2010 (c. 15)

450

(1) Schedule 19 to the Equality Act 2010 is amended as follows.

(2) In Part 2, omit “The Countryside Council for Wales or Cyngor Cefn Gwlad Cymru”.

(3) In Part 4, under the sub-heading “Cross-border Welsh authorities”, after the entry relating to the Environment Agency insert— “ The Natural Resources Body for Wales-A ”.

Flood and Water Management Act 2010 (c. 29)

451

The Flood and Water Management Act 2010 is amended as follows.

452

(1) Section 6 is amended as follows.

(2) In subsection (13), after paragraph (a) insert—

(aa) the Natural Resources Body for Wales,

(3) In subsection (15)(a), for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

453

In section 11, after subsection (6) insert—

(6A) In exercising a function in a manner which may affect a flood risk or coastal erosion risk in England, the Natural Resources Body for Wales must have regard to the national and local strategies and guidance.

454

In section 12, after subsection (5) insert—

(5A) In exercising a function in a manner which may affect a flood risk or coastal erosion risk in Wales, the Environment Agency must have regard to the national and local strategies and guidance.

455

In section 13(8), after “the Environment Agency” insert “ or the Natural Resources Body for Wales ”.

456

(1) Section 14 is amended as follows.

(2) In subsection (2)—

(a) at the end of paragraph (a) omit “and”;

(b) after paragraph (a) insert—

(aa) the Natural Resources Body for Wales, and

457

In section 15(10)(b)(ii), for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

458

(1) Section 17 is amended as follows.

(2) In subsection (1), after “an area” insert “ in England ”.

(3) After subsection (1) insert—

(1A) The Natural Resources Body for Wales may issue levies to the lead local flood authority for an area in Wales in respect of the Natural Resources Body for Wales' flood and coastal erosion risk management functions in that area.

(4) In subsection (3), for “Agency shall” substitute “ Agency and the Natural Resources Body for Wales shall each ”.

459

(1) Section 18 is amended as follows.

(2) In subsection (1), at the end insert “ in England ”.

(3) After subsection (1) insert—

(1A) The Natural Resources Body for Wales must report to the Minister about flood and coastal erosion risk management in Wales.

(4) Accordingly, the heading to section 18 becomes “ Reports about flood and coastal erosion risk management ”.

460

(1) Section 22 is amended as follows.

(2) In subsection (1), for “Environment Agency” substitute “ appropriate agency ”.

(3) In subsection (2), for “Agency” substitute “ appropriate agency ”.

(4) After subsection (2) insert—

(3) The functions of the appropriate agency under subsection (1)(a) are, in any case affecting both a region that is wholly or mainly in England and a region that is wholly or mainly in Wales, exercisable by the Environment Agency and the Natural Resources Body for Wales acting jointly.

461

(1) Section 23 is amended as follows.

(2) In subsection (1)—

(a) in the opening words, for “Environment Agency” substitute “ appropriate agency ”;

(b) in paragraph (a), for “Agency” substitute “ appropriate agency ”;

(3) In subsections (2) to (4), for “Agency” substitute “ appropriate agency ”.

462

(1) Section 25 is amended as follows.

(2) In subsection (1), for “Environment Agency” substitute “ appropriate agency ”.

(3) In subsection (2), for “Agency” substitute “ appropriate agency ”.

463

After section 26 insert—

(26A) “The appropriate agency” In this group of sections, “the appropriate agency” means— (a) the Environment Agency in relation to English Committees, and (b) the Natural Resources Body for Wales in relation to Welsh Committees.

464

(1) Section 38 is amended as follows.

(2) For “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the appropriate agency ”.

(3) In subsection (4), before paragraph (a) insert—

(za) the other appropriate agency, if— (i) the work is carried out in its area, or (ii) consequences of the kinds listed in subsection (1) are likely to occur in its area,

(4) In subsection (6), for “Agency's” substitute “ appropriate agency's ”.

(5) After subsection (10) insert—

(10A) In this section— “the appropriate agency” means— (a) the Environment Agency, in relation to work for the benefit of England, and (b) the Natural Resources Body for Wales, in relation to work for the benefit of Wales; “area”, in relation to an appropriate agency, means— (a) in the case of the Environment Agency, England, and (b) in the case of the Natural Resources Body for Wales, Wales.

(6) Accordingly, in the heading to section 38, for “Environment Agency” substitute “ appropriate agency ”.

465

(1) Section 39 is amended as follows.

(2) In subsections (4) and (8), for “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) After subsection (14) insert—

(14A) In this section, “the appropriate agency” means— (a) the Environment Agency, in relation to work in England, and (b) the Natural Resources Body for Wales in relation to work in Wales.

466

(1) Schedule 1 is amended as follows.

(2) In paragraph 1, after paragraph (a) insert—

(aa) the Natural Resources Body for Wales,

(3) In paragraph 6, after sub-paragraph (4) insert—

(4A) Before exercising a function under this paragraph in relation to an alteration, removal or replacement which may affect a flood or coastal erosion risk in Wales, the Environment Agency must consult the Natural Resources Body for Wales. (4B) Before exercising a function under this paragraph in relation to an alteration, removal or replacement which may affect a flood or coastal erosion risk in England, the Natural Resources Body for Wales must consult the Environment Agency.

467

(1) In Schedule 3, paragraph 11(3) is amended as follows.

(2) In paragraph (b), after “watercourse” insert “ in England ”.

(3) After paragraph (b) insert—

(ba) the Natural Resources Body for Wales, if the drainage system directly or indirectly involves the discharge of water into a watercourse in Wales;

468

(1) In Schedule 4, in the provisions to which this paragraph applies, for “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the appropriate agency ”.

(2) This paragraph applies to the following provisions in Schedule 4—

(a) in paragraph 7, the sections 2A to 2D to be inserted into the Reservoirs Act 1975;

(b) in paragraph 12(5), the section 10(3A) to be inserted into that Act;

(d) in paragraph 33, the section 21A to be inserted into that Act;

(e) in paragraph 36, the section 22C to be inserted into that Act.

PART 2 — Local Acts

Interpretation

469

In this Part, a “relevant reference” (“cyfeiriad perthnasol”) means a reference which has effect as a reference to the Environment Agency.

Dee Conservancy Act 1889 (c. clvi)

470

In the Dee Conservancy Act 1889, any relevant reference is to be treated as a reference to the Natural Resources Body for Wales.

Dee and Clwyd River Authority Act 1973 (c. xxix)

471

In the Dee and Clwyd River Authority Act 1973, any relevant reference is to be treated as a reference to the Environment Agency and the Natural Resources Body for Wales acting jointly.

SCHEDULE 3 — ASSEMBLY MEASURES

Children and Families (Wales) Measure 2010 (nawm 1)

1

In section 6(1)(f) of the Children and Families (Wales) Measure 2010, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Waste (Wales) Measure 2010 (nawm 8)

2

In sections 8(1)(a), 11(1)(a) and 16(1)(a) of the Waste (Wales) Measure 2010, for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Welsh Language (Wales) Measure 2011 (nawm 1)

3

(1) In Schedule 6 to the Welsh Language (Wales) Measure 2011, the table is amended as follows.

(2) Omit the entry relating to the Countryside Council for Wales.

(3) In the appropriate place insert—

The Natural Resources Body for Wales (“Corff Adnoddau Naturiol Cymru”)	Service delivery standards
	Policy making standards
	Operational standards
	Record keeping standards

SCHEDULE 4 — UK STATUTORY INSTRUMENTS

Burry Inlet Cockle Fishery Order 1965

1

The Burry Inlet Cockle Fishery Order 1965 is amended as follows.

2

(1) Article 2 is amended as follows.

(2) In paragraph (1), for “the Environment Agency (hereinafter referred to as “the Agency”)” substitute “ the Natural Resources Body for Wales (hereinafter referred to as “the NRBW”) ”.

(3) In paragraph (3), for “Agency” substitute “ NRBW ”.

3

In articles 3 to 9, for “Agency”, in each place where it occurs, substitute “ NRBW ”.

Salmon and Migratory Trout (Restrictions on Landing) Order 1972

4

(1) Article 4 of the Salmon and Migratory Trout (Restrictions on Landing) Order 1972 is amended as follows.

(2) The existing provision becomes paragraph (1).

(3) After paragraph (1) insert—

(2) For the purposes of paragraph (1), the Natural Resources Body for Wales is the River Authority having jurisdiction in any waters included in the area in relation to which that Body exercises its functions relating to fisheries by virtue of section 6(7A) of the Environment Act 1995.

Plant Varieties and Seeds Tribunal Rules 1974

5

The Plant Varieties and Seeds Tribunal Rules 1974 are amended as follows.

6

(1) Rule 2(1) is amended as follows.

(2) In the definition of “respondent authority”, in paragraph (a), for “, the Forestry Commissioners;” substitute—

— (i) the Forestry Commissioners, where the appeal is made against their decision; (ii) the Welsh Ministers, where the appeal is made against their decision;

7

(1) In Schedule 1, Form 8 is amended as follows.

(2) In paragraph 1(c), for “the Forestry Commissioners” substitute “ (the Forestry Commissioners) (or the Welsh Ministers) ”.

Forestry (Felling of Trees) Regulations 1979

8

The Forestry (Felling of Trees) Regulations 1979 are amended as follows.

9

In regulation 3(1)—

(a) in the definition of “the conservator”, after “the Commissioners'” insert “ or the NRBW's ”;

(b) in the appropriate place insert—

“the NRBW” means the Natural Resources Body for Wales;

10

In regulation 4, after “the Commissioners” insert “ or the NRBW ”.

11

In regulation 6—

(a) after “the Commissioners” insert “ or the NRBW ”;

(b) after “the Commissioners'” insert “ or the NRBW's ”.

12

In regulations 7, 8A, 9, 10, 12(1), 13 and 15, after “the Commissioners” insert “ or the NRBW ”.

13

In regulation 16 after “The Commissioners” insert “ , the NRBW ”.

14

(1) Schedule 1 is amended as follows.

(2) In Forms 1, 3 and 10—

(a) after “Commissioners”, in each place where it occurs, insert “ * ”;

(b) after “Commission”, in each place where it occurs, insert “ * ”;

in relation to Wales, “the Natural Resources Body for Wales” must be substituted for the Forestry Commissioners , “the Commissioners” and “Forestry Commission” in this form

(3) In Forms 4 to 9—

(a) after “Commissioners”, in each place where it occurs, insert “ * ”;

(b) at the end of each form insert—

in relation to Wales, “the Natural Resources Body for Wales” must be substituted for the Forestry Commissioners in this form

Forestry (Exceptions from Restriction of Felling) Regulations 1979

15

(1) Regulation 4(5) of the Forestry (Exceptions from Restriction of Felling) Regulations 1979 is amended as follows.

(2) After “the Commissioners”, in the first place where it occurs, insert “ or the Natural Resources Body for Wales ”.

(3) After “the Commissioners”, in the second place where it occurs, insert “ , the Natural Resources Body for Wales ”.

(4) In sub-paragraph (a)(ii)—

(a) omit “Forestry”;

(b) after “Commissioners” insert “ or the Natural Resources Body for Wales ”.

(5) In sub-paragraph (b), after “the Commissioners”, in each place where it occurs, insert “ or the Natural Resources Body for Wales ”.

Forestry Commission Byelaws 1982

16

The Forestry Commission Byelaws 1982 are amended as follows.

17

(1) Byelaw 2 is amended as follows.

(2) For “the Commissioners”, in each place where it occurs except in the definition of “the Commissioners”, substitute “the appropriate forestry authority”.

(3) In the appropriate place insert—

“the appropriate forestry authority” means— (a) in relation to England, the Commissioners; (b) in relation to Wales, the Natural Resources Body for Wales;

18

In byelaws 3, 5, 6 and 7, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry authority ”.

19

In Schedule 1, omit “In the County of Gwent, the part of Monmouth Community which is situated east of River Wye”.

Drought Orders (Inquiries Procedure) Rules 1984

20

(1) Rule 3 of the Drought Orders (Inquiries Procedure) Rules 1984 is amended as follows.

(2) After the definition of “appointed person” insert—

“appropriate agency” means— (a) the Environment Agency, in relation to England; (b) the Natural Resources Body for Wales, in relation to Wales;

(3) In the definition of “the authority”, for the words from “means” to “or” substitute “ means the appropriate agency or ”.

Control of Pesticides Regulations 1986

21

(1) Schedule 4 to the Control of Pesticides Regulations 1986 is amended as follows.

(2) In paragraph 2(1)(b), for “England and Wales)” substitute “ England), the Natural Resources Body for Wales (if the area in which the intended aerial application is to take place is in Wales) ”.

(3) In paragraph 6, in the definition of “appropriate nature conservation agency”, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Sludge (Use in Agriculture) Regulations 1989

22

The Sludge (Use in Agriculture) Regulations 1989 are amended as follows.

23

In regulations 7(1) and 8(2), after “Scottish Environment Protection Agency”, in each place where it occurs, insert “ or, in Wales, the Natural Resources Body for Wales ”.

24

In regulation 11(1), for “The Environment Agency” substitute “ The Natural Resources Body for Wales ”.

25

In Schedule 2, in paragraph 2(2)(c), after “Scottish Environment Protection Agency” insert “ or, in Wales, the Natural Resources Body for Wales ”.

Road Vehicles Lighting Regulations 1989

26

(1) Regulation 3(2) of the Road Vehicles Lighting Regulations 1989 is amended as follows.

(2) In the Table, in the definition of “Emergency vehicle”, in column 2, after paragraph (d) insert—

(da) a vehicle owned by the Natural Resources Body for Wales for the purposes of its functions relating to forestry and woodlands and used from time to time for the purposes of fighting fires;

General Drainage Charges (Forms) Regulations 1990

27

The General Drainage Charges (Forms) Regulations 1990 are amended as follows.

28

In regulations 2 and 3, for the words from “by” to “shall” substitute “ by the Environment Agency or the Natural Resources Body for Wales shall ”.

29

(1) The Schedule is amended as follows.

(2) In Form 1—

(a) for the words before “, in exercise” substitute “ The [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) ”;

(b) for the words from “Seal” to “is” substitute “ Seal of the [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) is ”;

(c) for the words from “resolution” to “dated” substitute “ resolution of the [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) dated ”.

(3) In Form 2—

(a) in the heading, for the second line substitute— “ The [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) ”;

(b) in the first paragraph, for the words before “have raised” substitute “ The [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) ”;

(c) in the paragraph following the table, for the words from “to the” to “Region” substitute “ to the [Environment Agency Region] [Natural Resources Body for Wales] (delete as appropriate) ”;

(d) for the paragraph beginning “By order” substitute— “ By order of the [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) ”;

(e) in note (a), for the words from “known to” to “insert” substitute “ known to the Environment Agency or the Natural Resources Body for Wales (as appropriate), insert ”.

Planning (Hazardous Substances) Regulations 1992

30

(1) Regulation 10(1) of the Planning (Hazardous Substances) Regulations 1992 is amended as follows.

(2) For sub-paragraph (e) substitute—

(e) the Environment Agency, where the land to which the application relates is in England; (ea) the Natural Resources Body for Wales, where the land to which the application relates is in Wales;

(3) In sub-paragraph (l), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Town and Country Planning (Control of Advertisements) Regulations 1992

31

In regulation 2(1) of the Town and Country Planning (Control of Advertisements) Regulations 1992 , in the definition of “statutory undertaker”, for the words from “postal service” (in the second place where it occurs) to “water” substitute “ postal service, the Environment Agency, the Natural Resources Body for Wales, any water ”.

Housing (Right to Buy) (Prescribed Persons) Order 1992

32

In the Schedule to the Housing (Right to Buy) (Prescribed Persons) Order 1992 , for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Public Path Orders Regulations 1993

33

In Schedule 1 to the Public Path Orders Regulations 1993 , in Forms 2 and 3, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

General Drainage Charges (Relevant Quotient) Regulations 1993

34

In regulation 3 of the General Drainage Charges (Relevant Quotient) Regulations 1993 , for the words from “issued by” to “Regulations 1993” substitute “ issued by the Environment Agency or the Natural Resources Body for Wales in respect of the district under the Flood and Coastal Erosion Risk Management (Levies) (England and Wales) Regulations 2011 ”.

Drainage Rates (Forms) Regulations 1993

35

(1) In the Schedule to the Drainage Rates (Forms) Regulations 1993 , Form 2 is amended as follows.

(2) For the entry beginning “Contributions to” substitute— “ Contributions to the [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) ”.

(3) For the entry beginning “Contribution from” substitute— “ Contribution from the [Environment Agency] [Natural Resources Body for Wales] (delete as appropriate) ”.

Surface Waters (River Ecosystem) (Classification) Regulations 1994

36

In regulation 3 of the Surface Waters (River Ecosystem) (Classification) Regulations 1994 , in the closing words, for the words from “determined by” to “accordance” substitute “ determined by the appropriate agency in accordance ”.

Urban Waste Water Treatment (England and Wales) Regulations 1994

37

The Urban Waste Water Treatment (England and Wales) Regulations 1994 are amended as follows.

38

In regulation 2(1), in the appropriate places insert the following definitions—

“the appropriate agency” means—

in relation to England, the Environment Agency;

in relation to Wales, the Natural Resources Body for Wales;

“England” includes the territorial sea adjacent to England not forming any part of Wales;

“Wales” has the meaning given by section 158 of the Government of Wales Act 2006.

39

In regulation 3(1), in sub-paragraphs (a) and (b), for the words from “with” to “for” substitute “ with the appropriate agency for ”.

40

(1) Regulation 4 is amended as follows.

(2) In paragraph (3)—

(a) in sub-paragraph (a), for the words before “has certified” substitute “ the appropriate agency ”;

(b) in the closing words, for the words from “provided” to “has” substitute “ provided and the appropriate agency has ”.

41

(1) Regulation 5 is amended as follows.

(2) In paragraph (3), for the words from “where” to “has” substitute “ where the appropriate agency has ”.

(3) In paragraph (5)(b), for the words before “has certified” substitute “ the appropriate agency ”.

(4) In paragraph (6), for the words before “shall provide” substitute “ The appropriate agency ”.

42

(1) Regulation 6 is amended as follows.

(2) In paragraph (2), in the opening words, for the words from “duty” to “its” substitute “ duty of the Environment Agency and of the Natural Resources Body for Wales, in exercising their ”.

(3) In paragraph (3), for the words before “shall” substitute “ The Environment Agency or, as the case may be, the Natural Resources Body for Wales ”.

43

In regulation 8(2), after “Environment Agency” insert “ or, as the case may be, the Natural Resources Body for Wales ”.

44

In regulation 10(6), for the words after “behalf” substitute “ of the appropriate agency ”.

45

(1) Regulation 11 is amended as follows.

(2) In paragraph (1), in the opening words, for the words after “duty” substitute “ of the appropriate agency ”.

(3) In paragraph (3), for the words before “shall retain” substitute “ The appropriate agency ”.

46

In regulation 12, in the opening words, for the words before “shall” substitute “ The appropriate agency ”.

47

(1) Part 2 of Schedule 3 is amended as follows.

(2) In paragraph 1, in sub-paragraphs (a) and (c), for the words before “shall” substitute “ The appropriate agency ”.

Town and Country Planning (General Permitted Development) Order 1995

48

The Town and Country Planning (General Permitted Development) Order 1995 is amended as follows.

49

In article 1(2)—

(a) in the definition of “area of outstanding natural beauty”, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”;

(b) in the definition of “statutory undertaker”, for the words from “Authority” to “water” substitute “ Authority, the Environment Agency, the Natural Resources Body for Wales, any water ”.

50

(1) Schedule 2 is amended as follows.

(2) In Part 14, for the words after “other than” substitute “ the Environment Agency and the Natural Resources Body for Wales ”.

(3) In Part 15, in paragraph A, for the words from “by the” to “functions” substitute “ by the Environment Agency or the Natural Resources Body for Wales for the purposes of their respective functions ”.

(4) Accordingly, the heading to Part 15 becomes “ Development by the Environment Agency and the Natural Resources Body for Wales ”.

National Park Authorities (Wales) Order 1995

51

The National Park Authorities (Wales) Order 1995 is amended as follows.

52

In articles 9 and 13, and in Schedule 3, in paragraphs 6(2)(b) and 9, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

European Communities (Designation) Order 1996

53

(1) The Schedule to the European Communities (Designation) Order 1996 is amended as follows.

(2) In the entry in Column (2) relating to the Forestry Commissioners, after “Measures” insert “ applying otherwise than in relation to Wales ”.

(3) After the entry relating to the Forestry Commissioners insert—

The Welsh Ministers	Measures applying in relation to Wales and relating to the common agricultural policy of the European Union in respect of forestry.

Environmental Licences (Suspension and Revocation) Regulations 1996

54

(1) Regulation 3 of the Environmental Licences (Suspension and Revocation) Regulations 1996 is amended as follows.

(2) In the opening words, for “a new Agency” substitute “ the Agency, the Natural Resources Body for Wales or SEPA ”.

(3) In paragraphs (a) and (b), for “new Agency” substitute “ body in question ”.

Landfill Tax Regulations 1996

55

In regulation 21(5) of the Landfill Tax Regulations 1996 , after sub-paragraph (a) insert—

(aa) the Natural Resources Body for Wales;

Welsh Language Schemes (Public Bodies) Order 1996

56

In the Schedule to the Welsh Language Schemes (Public Bodies) Order 1996 , omit the entries relating to the Countryside Council for Wales.

Control of Pollution (Applications, Appeals and Registers) Regulations 1996

57

The Control of Pollution (Applications, Appeals and Registers) Regulations 1996 are amended as follows.

58

In the following provisions, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “appropriate agency's” respectively—

(a) in regulation 1(2), the definition of “register”;

(b) regulation 8;

59

(1) Regulation 12 is amended as follows.

(2) In paragraph (1), for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In paragraph (6), after sub-paragraph (a) omit “and” and insert—

(aa) the NRBW, if the appeal relates to information which the NRBW has determined is not commercially confidential; and

(4) In sub-paragraph (b), after “Agency” insert “ , if the appeal relates to information which the Agency has determined is not commercially confidential ”.

60

In regulations 13(2)(a) and 15 to 17, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

Surface Waters (Abstraction for Drinking Water) (Classification) Regulations 1996

61

The Surface Waters (Abstraction for Drinking Water) (Classification) Regulations 1996 are amended as follows.

62

In regulations 4 to 7, for “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the appropriate agency ”.

Code of Practice on Environmental Procedures for Flood Defence Operating Authorities (Environment Agency) Approval Order 1996

63

The Code of Practice on Environmental Procedures for Flood Defence Operating Authorities (Environment Agency) Approval Order 1996 is amended as follows.

64

In the title to the Order and in article 1, after “Environment Agency” insert “ and Natural Resources Body for Wales ”.

65

(1) Article 2 is amended as follows.

(2) In sub-paragraph (a)—

(a) after “the Environment Agency” insert “ and the Natural Resources Body for Wales ”;

(b) for “section 6(1), 7 and 8” substitute “ the provisions specified in section 9(5) ”.

(3) In sub-paragraph (b), after “the Environment Agency” insert “ and the Natural Resources Body for Wales ”.

Hedgerows Regulations 1997

66

(1) Part 2 of Schedule 1 to the Hedgerows Regulations 1997 is amended as follows.

(2) In paragraph 6(1)(b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Surface Waters (Fishlife) (Classification) Regulations 1997

67

The Surface Waters (Fishlife) (Classification) Regulations 1997 are amended as follows.

68

(1) Regulation 4 is amended as follows.

(2) For “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In paragraph (5)—

(a) in the opening words, for “Environment Agency's” substitute “ appropriate agency's ”;

(b) in sub-paragraphs (a) and (b), for “Agency” substitute “ appropriate agency ”.

69

In regulation 5(1), for “Agency” substitute “ appropriate agency ”.

70

In regulation 6(3), for “Environment Agency” substitute “ appropriate agency ”.

71

In Part 1 of the Schedule, in the Table, for “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the appropriate agency ”.

Surface Waters (Shellfish) (Classification) Regulations 1997

72

The Surface Waters (Shellfish) (Classification) Regulations 1997 are amended as follows.

73

(1) Regulation 4 is amended as follows.

(2) For “Environment Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In paragraph (5)—

(a) for “Environment Agency's” substitute “ appropriate agency's ”;

(b) for “Agency” substitute “ appropriate agency ”.

74

In regulation 5, for “Agency” substitute “ appropriate agency ”.

75

In regulation 6(3), for “Environment Agency” substitute “ appropriate agency ”.

Surface Waters (Dangerous Substances) (Classification) Regulations 1997

76

In regulation 4 of the Surface Waters (Dangerous Substances) (Classification) Regulations 1997 , for “the Environment Agency” and “the Agency” substitute “ the appropriate agency ”.

Surface Waters (Dangerous Substances) (Classification) Regulations 1998

77

In regulation 4 of the Surface Waters (Dangerous Substances) (Classification) Regulations 1998 , for “the Environment Agency” and “the Agency” substitute “ the appropriate agency ”.

Mines (Notice of Abandonment) Regulations 1998

78

In regulation 2 of the Mines (Notice of Abandonment) Regulations 1998 , after “Agency” insert “ or the NRBW ”.

Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

79

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999

80

The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999 are amended as follows.

81

(1) In regulation 2(1), the definition of “sensitive area” is amended as follows.

(2) In sub-paragraph (f), omit “or the Countryside Council for Wales, as respects Wales,”.

(3) After sub-paragraph (f) insert—

(fa) an area of outstanding natural beauty in Wales designated as such by an order made— (i) under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to the Countryside Act 1949; or (ii) under section 82 (designation of areas) of the Countryside and Rights of Way Act 2000;

82

In Schedule 3, in paragraph 2(c), for “, the Countryside Council for Wales and the Environment Agency” substitute “ and the Natural Resources Body for Wales ”.

National Assembly for Wales (Transfer of Functions) Order 1999

83

(1) Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 is amended as follows.

(2) In the entry relating to the Opencast Coal Act 1958—

(a) for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”;

(b) after “Environment Act 1995 (Consequential Amendments) Regulations 1996 (S.I. 1996/593)” insert “ and by the Natural Resources Body for Wales (Functions) Order 2013 ”.

Control of Major Accident Hazards Regulations 1999

84

The Control of Major Accident Hazards Regulations 1999 are amended as follows .

85

(1) Regulation 2(1) is amended as follows.

(2) Omit the definition of “the Agency”.

(3) In the appropriate place insert—

“appropriate agency” in relation to an establishment in— (a) England, means the Environment Agency; (b) Scotland, means the Scottish Environment Protection Agency; (c) Wales, means the Natural Resources Body for Wales;

(4) In the definition of “competent authority”, for “Agency” substitute “ appropriate agency ”.

86

In regulations 7, 9, 10, 20 and 22, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

Water Protection Zone (River Dee Catchment) (Designation) Order 1999

87

In article 3 of the Water Protection Zone (River Dee Catchment) (Designation) Order 1999 , for “the Environment Agency at Chester Road, Buckley, Clwyd” substitute “ the Natural Resources Body for Wales at Chester Road, Buckley, Flintshire ”.

Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999

88

The Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999 are amended as follows.

89

In regulations 2(5) and 4 to 14, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

90

In regulation 7(2)(c), omit “or, in Wales, the Countryside Council for Wales”.

Anti-Pollution Works Regulations 1999

91

The Anti-Pollution Works Regulations 1999 are amended as follows.

92

In regulations 1 to 4 and 6(2), for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

93

(1) Regulation 2(1) of the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 is amended as follows.

(2) In the definition of “the consultation bodies”, in paragraph (d), for “the Countryside Council for Wales and the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999

94

(1) Regulation 2(1) of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 is amended as follows.

(2) In the definition of “consultation bodies”, in paragraph (b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

(3) In the definition of “drainage body”, after paragraph (a) insert—

(aa) the Natural Resources Body for Wales;

Town and Country Planning (Trees) Regulations 1999

95

The Town and Country Planning (Trees) Regulations 1999 are amended as follows.

96

(1) Regulation 10(1) is amended as follows.

(2) For “the Forestry Commissioners”, in each place where it occurs, substitute “ the Natural Resources Body for Wales ”.

(3) In sub-paragraph (b), omit “Commissioners'”.

(4) In sub-paragraph (c), for “section 1 (finance for forestry) of the Forestry Act 1979” substitute “ article 10B of the Natural Resources Body for Wales (Establishment) Order 2012 for or in connection with the use or management of land for forestry purposes ”.

97

(1) The Schedule is amended as follows.

(2) In paragraph 4, after “Forestry Commissioners” insert “ and Natural Resources Body for Wales ”.

(3) In paragraph 5(1)(e)—

(a) for “the Environment Agency” substitute “ the Natural Resources Body for Wales ”;

(b) for “the Agency” substitute “ the Body ”.

Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999

98

The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 are amended as follows.

99

(1) Regulation 2(1) is amended as follows.

(2) In the appropriate place insert—

“the appropriate forestry body” means, in relation to England, the Commissioners and, in relation to Wales, the Natural Resources Body for Wales;

(3) For the definition of “countryside bodies” substitute—

“countryside bodies” means— (a) where any part of the land is situated in England, the Environment Agency, Natural England and any other body designated by statutory provision as having specific environmental responsibilities in relation to England; and (b) where any part of the land is situated in Wales, any body designated by statutory provision as having specific environmental responsibilities in relation to Wales;

100

In regulation 2(3), for “the Commissioners” substitute “ the appropriate forestry body ”.

101

(1) Regulation 4 is amended as follows.

(2) For “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry body ”.

(3) In paragraph (3), for “the Commissioners'” substitute “ the appropriate forestry body's ”.

102

(1) In regulations 5 and 6, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry body ”.

(2) Accordingly, the heading to regulation 6 becomes “ Opinions of the appropriate forestry body ”.

103

In regulations 7 and 9 to 15, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry body ”.

104

(1) Regulation 16 is amended as follows.

(2) In the opening words, for “the Commissioners”, substitute “ the appropriate forestry body ”.

(3) In paragraph (b), for “the Commissioners'” substitute “ the appropriate forestry body's ”.

105

(1) Regulation 17 is amended as follows.

(2) For “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry body ”.

(3) In paragraph (2), for “the Commissioners'” substitute “ the appropriate forestry body's ”.

(4) In paragraph (5), for “the Commissioner's” substitute “ the appropriate forestry body's ”.

(5) Accordingly, the heading to regulation 17 becomes “ Appeals against decisions of the appropriate forestry body ”.

106

(1) Regulation 20 is amended as follows.

(2) For “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry body ”.

(3) In sub-paragraph (4)(a), for “the Commissioners'” substitute “ the appropriate forestry body's ”.

107

In regulations 21 and 23, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry body ”.

108

In regulation 23(1), omit “or suspect”.

109

(1) Regulation 24(1) is amended as follows.

(2) For “England and Wales” substitute “ England or Wales ”.

(3) For “the Commissioners” substitute “ the appropriate forestry body ”.

110

In regulation 25, in paragraphs (3)(b) and (5)(b), for “their” substitute “ the appropriate forestry body's ”.

111

(1) Schedule 2 is amended as follows.

(2) In paragraph 1, in the definition of “sensitive area”—

(a) in sub-paragraph (g), omit “or the Countryside Council for Wales, as respects Wales,”;

(b) after sub-paragraph (g) insert—

(ga) an area of outstanding natural beauty in Wales designated as such by an order made— (i) under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to the Countryside Act 1949; or (ii) under section 82 (designation of areas) of the Countryside and Rights of Way Act 2000;

(3) In paragraph 4, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate forestry body ”.

Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

112

(1) Regulation 2(1) of the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 is amended as follows.

(2) In the definition of “the consultation bodies”—

(a) in sub-paragraph (d), omit “and Wales”;

(b) in sub-paragraph (f), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Ionising Radiations Regulations 1999

113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Water Industry (Prescribed Conditions) Regulations 1999

114

The Water Industry (Prescribed Conditions) Regulations 1999 are amended as follows.

115

In regulation 3(3)—

(a) in sub-paragraph (b), before “the Environment Agency” insert “ where the determination relates to an area that is in the area of a water undertaker whose area is wholly in England, ”;

(b) at the end of sub-paragraph (b) omit “and”;

(ba) where the determination relates to an area that is in the area of a water undertaker whose area is partly in England and partly in Wales, the Environment Agency and the Natural Resources Body for Wales; and

116

(1) Regulation 4 is amended as follows.

(2) In paragraph (1), for “Environment Agency” substitute “ appropriate agency ”.

(3) After paragraph (3) insert—

(4) In this regulation “appropriate agency” means— (a) where the proposed determination relates to the whole or part of an area of a water undertaker whose area is wholly in England, the Environment Agency; (b) where the proposed determination relates to the whole or part of an area of a water undertaker whose area is partly in England and partly in Wales, the Environment Agency and the Natural Resources Body for Wales.

Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000

117

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 are amended as follows.

118

(1) Regulation 2(1) is amended as follows.

(2) In the appropriate places insert the following definitions—

“the appropriate authority” means—

in relation to England, the Environment Agency;

in relation to Wales, the NRBW;

“the NRBW” means the Natural Resources Body for Wales;

(3) In the definition of “registered holder”, for “Agency”, in each place where it occurs, substitute “ appropriate authority ”.

119

In regulation 3(5)(b), for “Agency” substitute “ appropriate authority ”.

120

(1) Regulation 6 is amended as follows.

(2) For “Agency”, in each place where it occurs, substitute “ appropriate authority ”.

(3) After paragraph (6) insert—

(7) An application which relates to equipment held or to be held— (a) only at a location in England must be made to the Environment Agency; (b) only at a location in Wales must be made to the NRBW; (c) at a location in both England and Wales must be made to the Environment Agency and the NRBW.

121

In regulation 7, for “Agency”, in each place where it occurs, substitute “ appropriate authority ”.

122

In regulation 8(5), for “Agency”, in each place where it occurs, substitute “ appropriate authority ”.

123

(1) Regulation 9 is amended as follows.

(2) In paragraph (5)—

(a) in sub-paragraph (b), omit “and the Welsh Assembly”;

(b) after sub-paragraph (b) insert—

(c) exercise the functions in paragraphs (1) to (5) in relation to every location in England.

(3) After paragraph (5) insert—

(5A) The NRBW must compile an inventory of the contaminated equipment held at every location in Wales in respect of which there is a registered holder. (5B) Subject to paragraph (3) an inventory compiled in accordance with paragraph (5A) must record the information specified in paragraph (2). (5C) The NRBW must— (a) before 30 September in each year, review the inventory which it has compiled in accordance with paragraph (5A) or, as the case may be, the most recent revision of that inventory; and (b) on or before 30 September in each year provide the Welsh Ministers with a summary which shall include the total for the time being of— (i) the number of registered holders; and (ii) the number of items of equipment of which particulars are registered.

(4) In paragraph (6), after “paragraph (5)(a)” insert “ and paragraph (5C) ”.

124

In regulation 10, for “Agency”, in each place where it occurs, substitute “ appropriate authority ”.

125

In regulation 11, in paragraphs (1), (5) and (6), for “Agency”, substitute “ appropriate authority ”.

126

In regulation 12 for “Agency” substitute “ appropriate authority ”.

127

In regulation 13B, for “The Environment Agency” substitute “ The NRBW ”.

Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000

128

The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 are amended as follows.

129

(1) Regulation 2(1) is amended as follows.

(2) In the definition of “the consultative bodies”—

(a) in paragraph (c), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”;

(b) for paragraph (d) substitute—

(d) where the application or proposed application relates to a section 36 consent— (i) the Environment Agency, otherwise than in relation to Wales and the Welsh zone; (ii) the Natural Resources Body for Wales in relation to Wales and the Welsh zone; and

(3) In the appropriate place insert—

“Welsh zone” has the meaning given by section 158 of the Government of Wales Act 2006.

130

(1) In Schedule 2, the definition of “sensitive area” is amended as follows.

(2) In sub-paragraph (h), omit “or the Countryside Council for Wales, as respects Wales,”.

(3) After sub-paragraph (h) insert—

(ha) an area of outstanding natural beauty in Wales designated as such by an order made— (i) under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to the Countryside Act 1949, or (ii) under section 82 (designation of areas) of the Countryside and Rights of Way Act 2000;

Pipe-line Works (Environmental Impact Assessment) Regulations 2000

131

(1) Regulation 2 of the Pipe-line Works (Environmental Impact Assessment) Regulations 2000 is amended as follows.

(2) In the definition of “the consultation bodies”, in sub-paragraph (d), for “the Countryside Council for Wales and the Environment Agency” substitute “ the Natural Resources Body for Wales ”.

Burry Port Harbour Revision Order 2000

132

The Burry Port Harbour Revision Order 2000 is amended as follows.

133

In article 19(2)(g), after “the Environment Agency,” insert “ the Natural Resources Body for Wales, ”.

134

In the heading to article 46, for “Environment Agency” substitute “ Natural Resources Body for Wales ”.

135

(1) Schedule 2 is amended as follows.

(2) For “Environment Agency”, in each place where it occurs (including in the heading to that Schedule), substitute “ Natural Resources Body for Wales ”.

(3) In paragraph 7(3)(b), for “Environment Agency's” substitute “ Body's ”.

136

In article 3(2)(s) of the Wye Navigation Order 2002 , for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Forest Reproductive Material (Great Britain) Regulations 2002

137

The Forest Reproductive Material (Great Britain) Regulations 2002 are amended as follows .

138

(1) Regulation 2 is amended as follows.

(2) In paragraph (2)—

(a) in the appropriate place insert—

“the appropriate authority”— (a) in regulations 7 to 9, 20(b) and Schedules 2 to 5, has the meaning given in regulation 7(11); (b) in regulations 11, 13 and 14, has the meaning given in regulation 11(4); (c) in regulations 16, 18 and 22, has the meaning given in regulation 16(1B); (d) in regulation 25, has the meaning given in regulation 25(4);

(b) for the definition of “authorised officer” substitute—

“authorised officer” means— (a) a person authorised by the Commissioners to exercise their powers and execute their functions under these Regulations; and (b) a person authorised by the Welsh Ministers to exercise their powers and execute their functions under these Regulations;

(d) in the definitions of “official certificate” and “region of provenance”, after “the Commissioners” insert “ or the Welsh Ministers ”;

(e) in the appropriate place insert—

“relevant territory” means— (a) England and Scotland; and (b) Wales;

(3) In paragraph (6)—

(a) omit “Commissioners'”;

(b) after “payable to the Commissioners” insert “ or the Welsh Ministers ”.

139

(1) Regulation 5 is amended as follows.

(2) In paragraph (1)—

(a) after “provenance” insert “ in England and Scotland ”;

(b) for “Great Britain” substitute “ England and Scotland ”.

(3) After paragraph (1) insert—

(1A) The Welsh Ministers shall demarcate regions of provenance in Wales in respect of each of the species listed in Schedule 1 which exist in Wales and shall allocate to each region of provenance an identity code. (1B) The Commissioners and the Welsh Ministers may together exercise their functions under paragraph (1) and (1A) so as to designate a region of provenance of which part is in Wales.

(4) In paragraph (2), for “shall draw up maps showing the demarcated regions of provenance referred to in paragraph (1)” substitute “ and the Welsh Ministers shall draw up maps showing the regions of provenance which they have demarcated pursuant to this regulation ”.

140

(1) Regulation 6 is amended as follows.

(2) In paragraph (1), for “The Commissioners shall establish and maintain” substitute “ There is to be ”.

(3) After paragraph (1) insert—

(1A) The Welsh Ministers shall maintain that part of the National Register recording basic material approved by them under regulation 7. (1B) The Commissioners shall maintain that part of the National Register recording basic material approved by them under regulation 7.

(4) In paragraph (2), for “The Commissioners shall make the National Register” substitute “ The Commissioners and the Welsh Ministers shall each make that part of the National Register which they maintain ”.

141

(1) Regulation 7 is amended as follows.

(2) For “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

(3) After paragraph (10) insert—

(11) In this regulation, regulations 8, 9 and 20(b), and in Schedules 2 to 5, “the appropriate authority” means— (a) the Welsh Ministers, in relation to basic material located in Wales; (b) the Commissioners, in any other case.

142

In regulation 8(2), in each place where it occurs, for “the Commissioners” substitute “ the appropriate authority ”.

143

In regulation 9, in each place where it occurs, for “the Commissioners” substitute “ the appropriate authority ”.

144

(1) Regulation 11 is amended as follows.

(2) For “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

(3) In paragraph (1), for “Commissioners'” substitute “ the appropriate authority's ”.

(4) In paragraph (1)(c), for “register” substitute “ National Register ”.

(5) After paragraph (3) insert—

(4) In this regulation and regulations 13 and 14, “the appropriate authority” means— (a) the Welsh Ministers, in relation to the collection, production or marketing of forest reproductive material in Wales; (b) the Commissioners, in any other case.

145

In Regulation 13, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

146

In regulation 14(3), for “the Commissioners” substitute “ the appropriate authority ”.

147

(1) Regulation 16 is amended as follows.

(2) After paragraph (1) insert—

(1A) The Register of Suppliers shall be maintained in two parts, namely— (a) a part maintained by the Welsh Ministers which shall record suppliers whose principal place of business or trade is in Wales; (b) a part maintained by the Commissioners which shall record suppliers whose principal place of business or trade is in England or Scotland. (1B) In this regulation and regulations 18 and 22, “the appropriate authority” means— (a) the Welsh Ministers, in relation to a supplier whose principal place of business or trade is in Wales; (b) the Commissioners, in relation to a supplier whose principal place of business or trade is in England or Scotland.

(3) In paragraph (2)—

(a) for “the Commissioners” substitute “ the appropriate authority ”;

(b) for “the Commissioners'” substitute “ the appropriate authority's ”.

(4) In paragraphs (3) to (5), for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

(5) In paragraph (6), for “The Commissioners shall make the Register of Suppliers” substitute “ The Commissioners and the Welsh Ministers shall each make that part of the Register of Suppliers which they maintain ”.

148

In regulation 17(1), for “Great Britain”, in each place where it occurs, substitute “ a relevant territory ”.

149

In regulation 18, for “The Commissioners”, in each place where it occurs, substitute “ The appropriate authority ”.

150

(1) Regulation 20(b) is amended as follows.

(2) For “Great Britain” substitute “ a relevant territory ”.

(3) For “the Commissioners” substitute “ the appropriate authority ”.

151

(1) Regulation 21 is amended as follows.

(2) In paragraph (1), after “material” insert “ from a relevant territory ”.

(3) In paragraph (2)—

(a) after “despatch forest reproductive material” insert “ from a relevant territory ”;

(b) for “Great Britain” substitute “ that relevant territory ”.

152

(1) Regulation 22 is amended as follows.

(2) In paragraph (2)—

(a) after “despatch forest reproductive material” insert “ from a relevant territory ”;

(b) for “Great Britain” substitute “ that relevant territory ”.

(3) In paragraph (3)—

(a) after “despatches forest reproductive material” insert “ from a relevant territory ”;

(b) for “the Commissioners” substitute “ the appropriate authority ”;

153

In regulation 23, after “forest reproductive material” insert “ in a relevant territory ”.

154

In regulation 24, for “Great Britain” substitute “ a relevant territory ”.

155

(1) Regulation 25 is amended as follows.

(2) In paragraph (1)—

(a) for “Great Britain”, in the first place where it occurs, substitute “ a relevant territory ”;

(b) for “the Commissioners” substitute “ the appropriate authority ”;

(3) In paragraph (2), for “Great Britain”, in each place where it occurs, substitute “ the relevant territory ”.

(4) In paragraph (3), for “the Commissioners” substitute “ the appropriate authority ”.

(5) After paragraph (3) insert—

(4) In this regulation “the appropriate authority” means— (a) the Welsh Ministers, in relation to the importation of forest reproductive material where the initial place of landing is in Wales; (b) the Commissioners, in relation to the importation of forest reproductive material where the initial place of landing is in England or Scotland.

156

(1) Regulation 26 is amended as follows.

(2) In paragraph (2), after “the Commissioners” insert “ or the Welsh Ministers (as the case may be) ”.

(3) In paragraph (3)(b), after “the Commissioners” insert “ or the Welsh Ministers ”.

(4) In paragraph (5), after “the Commissioners” insert “ or (according as the requirement was made) the Welsh Ministers ”.

157

In regulation 27(1), after “the Commissioners” insert “ or the Welsh Ministers (as the case may be) ”.

158

(1) Regulation 32 is amended as follows.

(2) In paragraph (1)—

(a) after “the Commissioners” insert “ or the Welsh Ministers ”;

(b) in sub-paragraph (h), after “the Commissioners'” insert “ or the Welsh Ministers' ”.

(3) In paragraph (3), after “the Commissioners” insert “ and the Welsh Ministers ”.

159

In Schedule 2, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

160

(1) Schedule 3 is amended as follows.

(2) For “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

(3) In paragraph 5, for “the Commissioners'” substitute “ the appropriate authority's ”.

161

(1) Schedule 4 is amended as follows.

(2) For “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

(3) In paragraph 2(c), for “the Commissioners'” substitute “ the appropriate authority's ”.

(4) In paragraph 3(b), for “the Commissioners'” substitute “ the appropriate authority's ”.

162

In Schedule 5, for “the Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”.

Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003

163

The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 are amended as follows.

164

(1) Regulation 2 is amended as follows.

(2) Omit the definition of “the Agency”.

(3) In the appropriate place insert—

“appropriate authority” means— (a) the Environment Agency in relation to a project in England; (b) the Natural Resources Body for Wales in relation to a project in Wales;

(4) In the definition of “consultation bodies”—

(a) in sub-paragraph (c), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”;

(b) in sub-paragraph (d), for “the Agency” substitute “ the appropriate authority ”.

165

In regulation 4, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate authority ” and “ appropriate authority's ” respectively.

166

(1) Regulation 6 is amended as follows.

(2) For “Agency”, in each place where it occurs (including in the heading), substitute “ appropriate authority ”.

(3) In paragraph (4), before “the consultation bodies” insert “ , if different, ”.

167

In the following provisions, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate authority ” and “appropriate authority's” respectively—

(a) regulations 7 to 9;

(b) regulations 10 to 16 (including the headings to regulations 10 and 14).

Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003

168

In regulations 2 and 3 of the Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003 , for “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the appropriate agency ”.

Packaging (Essential Requirements) Regulations 2003

169

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electronic Communications Code (Conditions and Restrictions) Regulations 2003

170

The Electronic Communications Code (Conditions and Restrictions) Regulations 2003 are amended as follows.

171

(1) Regulation 2(2) is amended as follows.

(2) Omit the definition of “Countryside Council for Wales”.

(3) In the definition of “national nature reserve”, in sub-paragraph (c), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

(4) In the appropriate place insert—

“Natural Resources Body for Wales” means the Natural Resources Body for Wales as established by article 3(1) of the Natural Resources Body for Wales (Establishment) Order 2012;

172

In regulation 8(1)(b)(iii), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Water Environment (Water Framework Directive) (England and Wales) Regulations 2003

173

The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 are amended as follows.

174

(1) Regulation 2 is amended as follows.

(2) In paragraph (1), in the appropriate places insert the following definitions—

“the appropriate agency” means—

in relation to a river basin district that is wholly in England, the Agency;

in relation to a river basin district that is wholly in Wales, the NRBW; and

in relation to a river basin district that is partly in England and partly in Wales, the Agency and the NRBW acting jointly;

“the NRBW” means the Natural Resources Body for Wales;

(3) After paragraph (1) insert—

(1A) In these regulations, where the appropriate agency is required to make copies of a statement, summary, draft plan or plan (including an approved or revised plan) accessible to the public free of charge, references to doing so through its website mean— (a) where the NRBW is the appropriate agency, through its website; (b) where the Agency is the appropriate agency, through its website; (c) where the Agency and the NRBW acting jointly are the appropriate agency, through their respective websites. (1B) In these regulations, where the appropriate agency is required to make copies of a statement, summary, draft plan or plan (including an approved or revised plan) accessible to the public free of charge, references to doing so at its principal office and each of its principal regional offices mean— (a) where the NRBW is the appropriate agency, at its principal office and each of its principal regional offices; (b) where the Agency is the appropriate agency, at its principal offices and each of its principal regional offices; (c) where the Agency and the NRBW acting jointly are the appropriate agency, at their principal offices and each of their principal regional offices.

175

(1) Regulation 3 is amended as follows.

(2) In paragraph (1), after “the Assembly” insert “ , the NRBW ”.

(3) In paragraph (2), for “and the Assembly” substitute “ , the Welsh Ministers, the Agency and the NRBW ”.

176

(1) Regulation 4 is amended as follows.

(2) In paragraph (2), after “the Assembly” insert “ , the NRBW ”.

(3) In paragraph (3)—

(a) in sub-paragraph (b), omit “and”;

(b) after sub-paragraph (b) insert—

(ba) in the case of the NRBW, its principal office and its principal regional offices; and

177

In regulation 5(2), for “Agency” substitute “ appropriate agency ”.

178

In regulations 7 to 9, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

179

(1) Regulation 10 is amended as follows.

(2) For “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In paragraph (2)(b)—

(a) for “it thinks fit” substitute “ the appropriate agency thinks fit ”;

(b) in paragraph (i), for “its proposals” substitute “ the appropriate agency's proposals ”;

180

In regulation 11(1), for “Agency” substitute “ appropriate agency ”.

181

(1) Regulation 12 is amended as follows.

(2) For “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In paragraph (1)—

(a) in sub-paragraph (a)(i), for “it is to take” substitute “ the appropriate agency is to take ”;

(b) in sub-paragraph (b), for “which it considers” substitute “ which the appropriate agency considers ”.

(4) In paragraph (2)(d), for “it thinks fit” substitute “ the appropriate agency thinks fit ”.

(5) In paragraph (5)(a)—

(a) at the end of paragraph (i) insert “ and ”;

(b) omit paragraph (ii);

182

In regulations 13 to 15, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

183

(1) Regulation 16 is amended as follows.

(2) In paragraph (1), for “Agency” substitute “ appropriate agency ”.

(3) In paragraph (3), for “it thinks fit” substitute “ the appropriate agency thinks fit ”.

184

In regulation 17, after “Agency” insert “ , the NRBW ”.

185

(1) Regulation 18 is amended as follows.

(2) For “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In paragraph (1), after “its principal office” insert “ or (as the case may be) their principal offices ”.

186

In regulation 19(1), for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

187

(1) Regulation 20 is amended as follows.

(2) After paragraph (2) insert—

(2A) Article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (directions to the Natural Resources Body for Wales) shall have effect as if the power in paragraph (3) to give directions included a power for the appropriate authority to give directions to any public body for the purposes of giving effect to the Directive. (2B) Article 11A of the Natural Resources Body for Wales (Establishment) Order 2012 (further provision about directions) shall apply in relation to any direction given by virtue of paragraph (2A).

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