- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Waste (Scotland) Regulations 2012 No. 148
Draft Regulations laid before the Scottish Parliament under paragraph 2(2) of Schedule 2 to the European Communities Act 1972, for approval by resolution of the Scottish Parliament.
Draft Scottish Statutory Instruments
Environmental Protection
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and all other powers enabling them to do so.
In accordance with paragraph 2(2) of Schedule 2 to that Act(2), a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.
1972 c.68; section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46) (“the 1998 Act”) (and paragraph 15(3) was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)), by section 27(1)(a) of the 2006 Act, and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). Paragraph 1(d) of Schedule 2 to the European Communities Act 1972 has been modified by section 47 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) so that the functions conferred under section 2(2) can be exercised to create an offence punishable on summary conviction by a fine of up to the statutory maximum. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.
Schedule 2 has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
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Draft Executive Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
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