Moved by
Baroness Scott of Bybrook
247YY: After Clause 159, insert the following new Clause—
“Regulations: nutrients in water in England
(1) The Secretary of State may by regulations make provision about the operation of any relevant enactment in connection with the effect of nutrients in water that could affect a habitats site connected to a nutrient affected catchment area.
(2) The regulations may make any provision which the Secretary of State considers appropriate, including provision that—
(a) disapplies or modifies, in relation to a relevant enactment, any effect of nutrients in water;
(b) confers, removes or otherwise modifies a function (including a function involving the exercise of a discretion) under or by virtue of a relevant enactment;
(c) affects how such a function is exercised, including the extent to which (if any) the effect of nutrients in water is taken, or to be taken, into account;
(d) provides for an obligation under or by virtue of a relevant enactment to be treated as discharged (in circumstances where, but for the provision, the obligation may not have been discharged);
(e) amends, repeals, revokes or otherwise modifies any provision of a relevant enactment.
(3) A “relevant enactment” means—
(a) an enactment comprised in or made under an Act of Parliament, or
(b) retained direct EU legislation,
so far as it relates to the environment, planning or development in England.
(4) The enactments referred to in subsection (3)(a) do not include—
(a) this section;
(b) Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).
(5) Neither regulation 9 nor 16A of the Conservation of Habitats and Species Regulations 2017 applies in relation to this section.
(6) In subsection (1) “habitats site” and “nutrient affected catchment area” have the meaning given in section 96J(2) of the Water Industry Act 1991; and a habitats site is connected to a nutrient affected catchment area if water released into the catchment area would drain into the site.
(7) In this section “nutrients” means nutrients of any kind.
(8) The power under subsection (1) may not be exercised after 31 March 2030.”
Member's explanatory statement
This amendment confers a power on the Secretary of State to make regulations affecting the operation, in connection with the effect of nutrients in water, of enactments concerned with the environment, planning or development in England.