2019 No. 175
Exiting The European Union
Animals
Environmental Protection
Waste
Water

The Environment (EU Exit) (Miscellaneous Amendments) (Scotland) Regulations 2019

Made
Laid before the Scottish Parliament
Coming into force in accordance with regulation 1(1)
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721, paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 20182 and all other powers enabling them to do so.

PART 1Introduction

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Environment (EU Exit) (Miscellaneous Amendments) (Scotland) Regulations 2019 and come into force as follows—

(a)

as regards this Part and Part 2, on 1 July 2019,

(b)

as regards Part 3, on exit day.

(2)

These Regulations extend to Scotland only.

PART 2Amendments made under section 2(2) of the European Communities Act 1972

The Urban Waste Water Treatment (Scotland) Regulations 19942.

In regulation 2(1) (interpretation) of the Urban Waste Water Treatment (Scotland) Regulations 19943, in the definition of “the Directive”, after “last” insert “relevantly”.

The Special Waste Regulations 19963.

In regulation 6(2)(c) (consignment notes: cases in which pre-notification is not required) of the Special Waste Regulations 19964, after “schedule 4” in both places it occurs insert “of the 2011 Regulations”.

The End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 20034.

In regulation 2 (interpretation) of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 20035, in paragraph (a) of the definition of “vehicle”, after “last” insert “relevantly”.

The Water Environment (Register of Protected Areas) (Scotland) Regulations 20045.

In paragraph 2(c)(ii) of the schedule (register) of the Water Environment (Register of Protected Areas) (Scotland) Regulations 20046, after “last” insert “relevantly”.

The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 20066.

In regulation 23(1)(d) (marking of cattle passports) of the Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 20067, after “last” insert “relevantly”.

The Welfare of Farmed Animals (Scotland) Regulations 20107.

In paragraph 1 (interpretation) of schedule 2 (additional conditions that apply to the keeping of conventionally reared meat chickens) of the Welfare of Farmed Animals (Scotland) Regulations 20108, in the definitions of—

(a)

“Regulation 853/2004”,

(b)

“Regulation 854/2004”,

in each case, after “last” insert “relevantly”.

PART 3Amendment of secondary legislation relating to withdrawal from the European Union

The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 20198.

(1)

The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 20199 are amended as follows.

(2)

In regulation 2(6) (new schedule 5 to be inserted into the Water Environment and Water Services (Scotland) Act 2003), in paragraph 19 of schedule 5 of the inserted text, for “are” substitute “is”.

(3)

In regulation 3(2) (new paragraph (3) to be inserted into regulation 2 of the Water Environment (Controlled Activities) (Scotland) Regulations 2011)—

(a)

in paragraph (3)(a) of the inserted text, after “is” insert “to”,

(b)

in paragraph (3)(b) of the inserted text—

(i)

after “is” insert “to”,

(ii)

after “interpreted” insert “in”.

(4)

In regulation 13 (amendment of the Pollution Prevention and Control (Scotland) Regulations 2012)—

(a)

in paragraph (4)(a)—

(i)

in paragraph (j)(v) of the inserted definition of “Chapter III combustion plant”, omit “other than wood”,

(ii)

in paragraph (b)(v) of the inserted definition of “Chapter IV plant”, omit “other than wood”,

(b)

in paragraph (24)(a)(ii), in paragraph 3(a) of the inserted text, omit “law”.

(5)

In regulation 14(2) (amendment of the Sulphur Content of Liquid Fuels (Scotland) Regulations 2014), in paragraph (j)(v) of the inserted definition of “Chapter III combustion plant”, omit “other than wood”.

ROSEANNA CUNNINGHAM
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018.

Regulation 2 makes minor corrections to the Urban Waste Water Treatment (Scotland) Regulations 1994.

Regulation 3 makes minor corrections to the Special Waste Regulations 1996.

Regulation 4 makes minor corrections to the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003.

Regulation 5 makes minor corrections to the Water Environment (Register of Protected Areas) (Scotland) Regulations 2004.

Regulation 6 makes minor corrections to the Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006.

Regulation 7 makes minor corrections to the Welfare of Farmed Animals (Scotland) Regulations 2010.

Regulation 8 makes minor corrections to the Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019.

No Business and Regulatory Impact Assessment has been prepared in relation to these Regulations, as no impact upon business, charities or voluntary bodies is foreseen.