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The Secretary of State is, in relation to England, the appropriate person as defined in section 79(7) of the Environmental Protection Act 1990[1], for the purpose of exercising the powers conferred by section 79(7C)(d) of that Act, and makes the following Regulations in exercise of those powers: Title, commencement and application 1. These Regulations—
(b) come into force on 6th April 2006; (c) apply in England only.
"Relevant industrial etc. premises": further exclusions
(This note is not part of the Regulations) Sections 101 and 103 of the Clean Neighbourhoods and Environment Act 2005 (c.16) add to the statutory nuisances in section 79(1) of the Environmental Protection Act 1990 (c.43) ("the 1990 Act") the following (at section 79(1)(fa)): any insects emanating from "relevant industrial, trade or business premises" and being prejudicial to health or a nuisance. Section 79(7C)(a)-(c) and (e) of the 1990 Act excludes certain types of land from the definition of "relevant industrial, trade or business premises". Under section 79(7C)(d), the Secretary of State may prescribe other land which forms part of an agricultural unit (but which is not already excluded under section 79(7C)(a)-(c)) to be excluded from this definition. These Regulations prescribe land in respect of which payments are made under any of the land management schemes described in the Schedule to the Regulations (regulation 2 and the Schedule). A full regulatory impact assessment has not been produced for these Regulations as they have no impact on the costs of business. Notes: [1] 1990 c.43; the definition of the "appropriate person" in section 79(7) was inserted by section 101(4) of the Clean Neighbourhoods and Environment Act 2005 (c.16), and section 79(7C) was inserted by section 101(5) of the 2005 Act.back
ISBN 0 11 074334 2
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