The Environmental Authorisations (Scotland) Regulations 2018 (Transitional and Savings Provisions) Order 2021

Interpretation

2.  In this Order—

“authorised person” has the same meaning given in regulation 5 of the Regulations;

“contaminated materials activity” means a radioactive substances activity involving radioactive material where—

(a)

the material is contaminated, but not with the intention of utilising its radioactive, fissile or fertile properties,

(b)

in the absence of such contamination, the substance or article would not be radioactive material, and

(c)

the radioactive material is kept on the premises on which the contamination occurred,

“concluded” means for the purposes of article 5, in relation to an application, that—

(a)

the application has been granted, refused or withdrawn, and

(b)

the period allowed for appeals has passed or an appeal has been determined or withdrawn,

“existing licence” means—

(a)

a registration made under section 7 (registration of users of radioactive material) or 10 (registration of mobile radioactive apparatus) of the 1993 Act, or

(b)

an authorisation granted under section 13 (disposal of radioactive waste) or 14 (accumulation of radioactive waste) of the 1993 Act,

during the relevant period;

“radioactive substances activity” has the same meaning given in regulation 4 of, and schedule 8 to, the Regulations;

“the Regulations” means the Environmental Authorisations (Scotland) Regulations 2018(1);

“relevant date” means the date this Order comes into force in accordance with article 1(1);

“relevant period” means the period beginning on 1st September 2018 and ending on the relevant date;

“Scottish area” has the same meaning given in article 1(2) of the Civil Jurisdiction (Offshore Activities) Order 1987(2);

“SEPA” means the Scottish Environment Protection Agency(3);

“1993 Act” means the Radioactive Substances Act 1993(4).

(1)

S.S.I. 2018/219, as amended by S.S.I. 2019/26.

(2)

S.I. 1987/2197.

(3)

SEPA is established by section 20 of the Environment Act 1995 (c. 25).

(4)

1993 c. 12 (“the 1993 Act”). The 1993 Act was amended by the Clean Air Act 1993 (c. 11), Schedule 4, paragraph 6, the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 181, the Environment Act 1995 (c. 25), Schedule 17, paragraph 8, Schedule 19, paragraph 6, Schedule 22, paragraphs 200 to 230 and Schedule 24, the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11), Schedule 2, paragraph 54, the Pollution Prevention and Control Act 1999 (c. 24), Schedule 3, the Food Standards Act 1999 (c. 28), Schedule 5, paragraph 43 and Schedule 6, S.S.I. 2000/100, the Statute Law (Repeals) Act 2004 (c. 14), Schedule 1, Part 16, the Energy Act 2004 (c. 20), sections 72 to 75 and Schedule 15, S.I. 2004/1822, S.I. 2005/2686, S.S.I. 2006/181, S.S.I. 2009/319, S.S.I. 2011/207, the Energy Act 2013 (c. 32), Schedule 12, paragraphs 30 and 66 to 68, the Regulatory Reform (Scotland) Act 2014 (asp 3), schedule 3, paragraphs 27 and 42 and the Food (Scotland) Act 2015 (asp 1), schedule, paragraph 5.