Law

Waste and Emissions Trading Act 2003

United Kingdom · statute

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In force since 2024-01-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 44 provisions
  1. Title and introductory text
  2. 1 Target years
  3. 2 Non-target years
  4. 3 Non-target years: default rules
  5. 4 Allocation of landfill allowances
  6. 5 Alteration of allocations under section 4
  7. 6 Borrowing and banking of landfill allowances
  8. 7 Trading and other transfer of landfill allowances
  9. 8 Offences under regulations under sections 6 and 7
  10. 9 Duty not to exceed allowances
  11. 10 Monitoring authorities
  12. 11 Scheme regulations
  13. 12 Powers in relation to waste disposal authorities
  14. 13 Powers in relation to landfill operators
  15. 14 Disclosure of information by monitoring and allocating authorities
  16. 15 Monitoring information: registers
  17. 16 Registers: public access
  18. 17 Strategy for England
  19. 18 Strategy for Scotland
  20. 19 Strategy for Wales
  21. 20 Plan for Northern Ireland
  22. 21 “Biodegradable waste”, “municipal waste” and “local authority collected municipal waste”
  23. 22 “Landfill”
  24. 23 “Scheme year” and “target year”
  25. 24 Other definitions
  26. 25 Activities to which Chapter 1 does not apply
  27. 26 Penalties under Chapter 1: general
  28. 27 Regulations under Chapter 1: consultation
  29. 28 Regulations under Chapter 1: procedural provisions
  30. 29 Municipal waste management strategies
  31. 30 Provision of information about waste by local authorities
  32. 31 Directions to waste collection authorities in England
  33. 32 Joint municipal waste management strategies: England
  34. 33 Power to disapply duties under section 32
  35. 34 Interpretation of Chapter 3
  36. 35 Repeal of duty to prepare recycling plans in England and Wales
  37. 36 Regulations under Part 1
  38. 37 Meaning of “waste , recovery and disposal” in Part 1
  39. 37A Meaning of “the Mining Waste Directive” in section 37: England and Wales
  40. 38 Pollution regulations: emissions trading schemes
  41. 39 Penalty provisions of UK Greenhouse Gas Emissions Trading Scheme 2002
  42. 40 Commencement
  43. 41 Extent
  44. 42 Short title

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44 provisions

39 Penalty provisions of UK Greenhouse Gas Emissions Trading Scheme 2002

(1) If incorporated in a participation agreement, the penalty provisions of the Scheme shall have statutory effect between the parties to the agreement. (2) Subsection (1) applies in relation to agreements entered into before, as well as in relation to agreements entered into after, this section comes into force. (3) In that subsection— “participation agreement” means an agreement that has the effect that a person is a participant in the Scheme; “penalty provisions” means provisions for penalties for non-compliance with the Scheme; “the Scheme” means the UK Greenhouse Gas Emissions Trading Scheme 2002 (which was made on behalf of the Secretary of State on 8th March 2002) as amended from time to time (whether before or after this section comes into force).

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40 Commencement

(1) Sections 1 to 3, 17, 31, 32(12), 35(b) and 39 come into force on such day as the Secretary of State may by order appoint. (2) Sections 4, 5, 9 and 10 come into force— (a) in relation to England, on such day as the Secretary of State may by order appoint; (b) in relation to Scotland, on such day as the Scottish Ministers may by order appoint; (c) in relation to Wales, on such day as the National Assembly for Wales may by order appoint; (d) in relation to Northern Ireland, on such day as the Department of the Environment may by order appoint. (3) Section 18 comes into force on such day as the Scottish Ministers may by order appoint. (4) Sections 19 and 35(c) come into force on such day as the National Assembly for Wales may by order appoint. (5) Section 20 comes into force on such day as the Department of the Environment may by order appoint. (6) Section 32(1) to (9) comes into force at the end of the period of two months beginning with the day on which this Act is passed. (7) Section 35(a) comes into force— (a) in relation to England, on such day as the Secretary of State may by order appoint; (b) in relation to Wales, on such day as the National Assembly for Wales may by order appoint. (8) Any power under this section to appoint a day includes power to appoint different days for different purposes. (9) A person who has power under this section to appoint a day for the coming into force of a provision may by order make in connection with the coming into force of that provision such transitional provision as the person considers necessary or expedient. (10) Any power to make an order under this section is exercisable by statutory instrument, subject to subsection (11). (11) Any power of the Department of the Environment to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

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41 Extent

(1) Subject to the following provisions, this Act extends to England and Wales, Scotland and Northern Ireland. (2) Sections 17, 19, 29 to 31, 32(1) to (11), 33, 34 and 35(a) and (c) extend only to England and Wales. (3) Section 18 extends only to Scotland. (4) Section 20 extends only to Northern Ireland. (5) Sections 32(12), 35(b) and 38 extend only to England and Wales, and Scotland.

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42 Short title

This Act may be cited as the Waste and Emissions Trading Act 2003.

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