The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019

JurisdictionUK Non-devolved
CitationSI 2019/583
Year2019
(1) These Regulations may be cited as the Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.(2) Regulations 2 and 35 extend to Great Britain only.(3) Regulation 35A extends to Northern Ireland only.
  • In the Ozone-Depleting Substances Regulations 2015
  • Regulation
  • (1) Article 3 is amended as follows.(2) After paragraph 3 insert—
    • (3A) ‘part of Great Britain’ means, as the case may be, England, Scotland or Wales;
    • (3B) ‘Scotland’ is to be construed in accordance with section 126(1) and (2) of the Scotland Act 1998;
    • (3C) ‘Wales’ is to be construed in accordance with section 158(1) , (3) and (4) of the Government of Wales Act 2006;
    • (3D) ‘appropriate authority’ means—
    • (a) in relation to England, the Secretary of State;
    • (b) in relation to Scotland, the Scottish Ministers;
    • (c) in relation to Wales, the Welsh Ministers;
    ‘part of Great Britain’ means, as the case may be, England, Scotland or Wales;‘Scotland’ is to be construed in accordance with section 126(1) and (2) of the Scotland Act 1998;‘Wales’ is to be construed in accordance with section 158(1) , (3) and (4) of the Government of Wales Act 2006;in relation to England, the Secretary of State;in relation to Scotland, the Scottish Ministers;in relation to Wales, the Welsh Ministers;in relation to England, means the Environment Agency;in relation to Scotland, is to be read in accordance with Article 3A;in relation to Wales, is to be read in accordance with Article 3B;(3) In paragraph 13, for “the Community” substitute “any part of F16Great Britain.(4) In paragraph 14 omit “and the Community”.(5) In paragraph 17, for “a Member State” substitute “any part of F17Great Britain.(6) In paragraph 18, for the words from “the customs territory of the Community” to the end substitute “Great Britain”.(7) In paragraph 19, for the words from “the customs territory of the Community” to the end substitute “Great Britain of substances, products and equipment covered by this Regulation;”.for “the Community” in the first and third place it occurs substitute “any part of F19Great Britain;omit the words from “, and includes the release” to “Regulation (EC) No 450/2008”.(9) After paragraph 25, insert—
      (25A) ‘third country’ means a country other than the United Kingdom F20and for the purpose of Article 14 of this Regulation includes Northern Ireland;
    .
    ‘third country’ means a country other than the United Kingdom F20and for the purpose of Article 14 of this Regulation includes Northern Ireland;
  • After Article 3, insert—
  • The appropriate regulator in relation to Scotland is, subject to paragraph (2) , the Scottish Environment Protection Agency.The Scottish Ministers may direct that a person or body other than the Scottish Environment Protection Agency is the appropriate regulator in relation to cases of a particular description or in a particular case.Before making a direction under paragraph (2) , the Scottish Ministers must consult the Secretary of State.The appropriate regulator in relation to Wales is, subject to paragraph (2) , Natural Resources Body for Wales.The Welsh Ministers may direct that a person or body other than Natural Resources Body for Wales is the appropriate regulator in relation to cases of a particular description or in a particular case.Before making a direction under paragraph (2) , the Welsh Ministers must consult the Secretary of State(1) Article 7 is amended as follows.in the first sentence, for “Commission may” substitute “ appropriate authority may, by regulations, ”;omit the second sentence.(1) Article 8 is amended as follows.in the first sentence, for “Commission may” substitute “appropriate authority may, by regulations,”;omit the second sentence.for “Commission” substitute

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