The Pollution Prevention and Control (Designation of Landfill Directive) (Scotland) Order 2003

Scottish Statutory Instruments

2003 No. 185

ENVIRONMENTAL PROTECTION

The Pollution Prevention and Control (Designation of Landfill Directive) (Scotland) Order 2003

Made

10th March 2003

Coming into force

1st April 2003

The Scottish Ministers, in exercise of the powers conferred by paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 1999(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and extent S

1.—(1) This Order may be cited as the Pollution Prevention and Control (Designation of Landfill Directive) (Scotland) Order 2003 and shall come into force on 1st April 2003.

(2) This Order extends to Scotland only.

Commencement Information

I1 Art. 1 in force at 1.4.2003, see art. 1(1)

Designation S

2.  Council Directive 99/31/EC of 26th April 1999 on the landfill of waste(2) is designated as a relevant directive for the purposes of paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 1999.

Commencement Information

I2 Art. 2 in force at 1.4.2003, see art. 1(1)

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

Explanatory Note

(This note is not part of the Order)

This Order designates Council Directive 99/31/EC on the landfill of waste (“the Landfill Directive”) as a relevant directive for the purposes of paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 1999 (“the Act”).

Schedule 1 to the Act specifies particular purposes for which provision regulating polluting activities may be made under section 2 of the Act. Paragraph 20(1)(b) allows for making provision which corresponds to or is similar to any provision made, or capable of being made, under section 2(2) of the European Communities Act 1972 in connection with one of the relevant directives. The relevant directives are Council Directive 96/61/EC concerning integrated pollution prevention and control, Council Directive 75/442/EEC on waste, as amended, and any other directive of the Council of the European Communities designated by the Scottish Ministers for the purposes of this paragraph by order made by statutory instrument.

(1)

1999 c. 24. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 5(3) of that Act and section 53 of the Scotland Act 1998 (c. 46).

(2)

O.J. No. L 182, 16.7.99, p.1.