The Environmental Regulation (Relevant Offences) (Scotland) Order 2014

Article 2(4)

SCHEDULE 4 Relevant Offences for the Purposes of Sections 38 and 39 (vicarious liability and liability where activity carried out by arrangement with another)

The Sludge (Use in Agriculture) Regulations 1989

1.  An offence under regulation 9 of the Sludge (Use in Agriculture) Regulations 1989(1) insofar as it relates to a contravention of regulation 3 or 4 (prohibition on use or supply of sludge and precautions to be taken after sludge is used).

The Control of Pollution (Amendment) Act 1989

2.  An offence under section 1(1) of the Control of Pollution (Amendment) Act 1989(2) (transporting controlled waste without being a registered carrier).

The Environmental Protection Act 1990

3.  An offence under any of the following provisions of the Environmental Protection Act 1990(3)—

(a) section 33(6) (unauthorised or harmful depositing, treatment or disposal etc. of waste; breaching conditions of a waste management licence)(4);

(b) section 34(6) (failure to comply with duty of care requirements)(5);

(c) section 63(2) (offences in relation to depositing waste other than controlled waste).

The Criminal Procedure (Scotland) Act 1995

4.  An offence under section 293(2) of the Criminal Procedure (Scotland) Act 1995(6) (statutory offences: art and part and aiding and abetting) as it applies in relation to any other offence listed in this Schedule.

The Special Waste Regulations 1996

5.  An offence under regulation 18(1) of the Special Waste Regulations 1996(7) (failure to comply with any obligation or requirement under the Regulations).

The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003

6.  An offence under regulation 11 of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003(8) insofar as it relates to a failure to comply with duties imposed by regulation 2(1) or (2) (making and storage of silage), 3(1) (storage of slurry) or 6 (exemptions).

The Water Environment (Controlled Activities) (Scotland) Regulations 2011

7.  An offence under any of the following provisions of the Water Environment (Controlled Activities) (Scotland) Regulations 2011(9)—

(a) regulation 44(1)(a) (breaching prohibition on unauthorised controlled activity);

(b) regulation 44(1)(b) (failure to comply with a general binding rule);

(c) regulation 44(1)(c) (failure to comply with a registration);

(d) regulation 44(1)(d) (failure to comply with a water use licence);

(e) regulation 44(1)(m) (false entry in records);

(f) regulation 44(1)(n) (forging or using etc. a document with intent to deceive).

The Pollution Prevention and Control (Scotland) Regulations 2012

8.  An offence under any of the following provisions of the Pollution Prevention and Control (Scotland) Regulations 2012(10)—

(a) regulation 67(1)(a) (contravention of permit requirements);

(b) regulation 67(1)(b) (failure to comply with conditions of a permit);

(c) regulation 67(1)(h) (false entry in records).

The Regulatory Reform (Scotland) Act 2014

9.  An offence under section 40(1) of the Regulatory Reform (Scotland) Act 2014(11) (causing significant environmental harm etc.).

(1)

S.I. 1989/1263, as relevantly amended by S.I. 1990/880.

(2)

1989 c.14; section 1 was amended by paragraph 31(2) of Schedule 15 to the Environmental Protection Act 1990 (c.43) (“the 1990 Act”).

(3)

1990 c.43.

(4)

Section 33 was relevantly amended by S.S.I. 2009/247 and S.S.I. 2011/226.

(5)

Section 34 was relevantly amended by S.S.I. 2000/323, S.S.I. 2011/226, S.S.I. 2012/148, S.S.I. 2012/360 and S.S.I. 2005/22.

(6)

1995 c.46.

(7)

S.I. 1996/972, to which there are amendments not relevant to this Order.

(8)

S.S.I. 2003/531, relevant amending instruments are S.S.I. 2006/133 and S.S.I. 2008/54.

(9)

S.S.I. 2011/209, to which there are amendments not relevant to this Order.

(10)

S.S.I. 2012/360, to which there are amendments not relevant to this Order.

(11)

2014 asp 3.