Part 3: Waste and Resource Efficiency Section 63: Regulations under the Environmental Protection Act 1990 New section 160A Regulations and orders
Subsection (1) of new section 160A sets out that regulations and orders under the Act are subject to the negative resolution procedure, subject to the exemptions listed in subsections (1)(a) to (d).
	Subsection (1)(a) sets out that regulations and orders listed in subsection (2) are subject to the affirmative resolution procedure. Subsection (1)(b) sets out that regulations made by a Northern Ireland Department under section 156 of the Act are not subject to the negative resolution procedure. Those regulations are instead subject to the procedure listed in section 156(4) of the Act. Subsections (1)(c) and (d) set out that neither commencement orders nor orders under paragraph 4 of Schedule 3 to the Act (statutory nuisance) are subject to the negative resolution procedure. Such orders are not subject to any parliamentary procedure.
	Subsection (2) of new section 160A provides a table detailing which regulations and orders made under the Act are subject to the affirmative resolution procedure. Regulations or orders made under a section listed in the first column of the table that also meet the description listed in the second column of that table are subject to the affirmative resolution procedure.
	Any regulations made under section 34D (prohibition on disposal of food waste to sewer: Wales), 45AA(10) (separate collection of waste: Wales), 79(1ZA) (statutory nuisance) and 80ZA(11) (fixed penalty notices) are subject to the affirmative procedure. Any regulations made under section 88A (litter from vehicles: England) that set the amount of fixed penalties, detail how that penalty amount will be determined, or amend Part 4 of the Environmental Protection Act 1990 or Part 2 of the London Local Authorities Act 2007 are also subject to the affirmative procedure. Further, any orders made under section 78M(4) (offences of not complying with a remediation notice) are subject to the affirmative procedure. Subsection (3) of new section 160A sets out that when the Secretary of State or Welsh Ministers make regulations or orders under the Environmental Protection Act 1990, those regulations or orders must be made by statutory instrument. However, orders under paragraph 4 of Schedule 3 to the Act do not need to be made by statutory instrument.
	Subsection (4) of new section 160A sets out the parliamentary procedure requirements for regulations and orders made or to be made by the Secretary of State. Where regulations or orders made by the Secretary of State Under are subject to the negative resolution procedure, they are subject to annulment in pursuance of a resolution of either House of Parliament. Where such regulations or orders are subject to the affirmative resolution procedure, a draft of the regulation or order must be laid before Parliament and approved by a resolution of each House of Parliament. Subsections (5) and (6) of new section 160A contain equivalent provision for regulations and orders made by Welsh Ministers and Scottish Ministers respectively.
	Subsection (7) of new section 160A allows for regulations or orders that can be made under the Environmental Protection Act 1990 that are subject to the negative resolution procedure to be made subject to the affirmative resolution procedure instead. Provision in regulations and orders that would otherwise be subject to the negative procedure can be included in affirmative regulations or orders.
	The remaining subsections ((3) to (5)) of section 63 make further amendments to the Environmental Protection Act 1990, as a consequence of new section 160A.
	Subsection (3) of section 63 deletes section 45B(3). Section 45B(3) is no longer needed, because new section 160A(1) applies to orders made under section 45B.
	Subsection (4) of section 63 deletes section 78M(7). Section 78M(7) states that orders under section 78M(4) are subject to the affirmative resolution procedure. As section 78M(4) is included in the table in section 160A(2), section 78M(7) is no longer needed.
	Subsection (5) of section 63 amends section 161 of the Environmental Protection Act 1990. Paragraph (a) changes the heading from "regulations, orders and directions" to "Directions". Paragraph (b) removes subsections (1) to (4) from section 161. The effect of this is that section 161, as amended, only deals with directions under the Act, and not regulations and orders. Regulations and orders under the Act are instead dealt with in new section 160A, as inserted by this section.