The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Amendment Regulations 2001

Scottish Statutory Instruments

2001 No. 248

WATER RESOURCES

The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Amendment Regulations 2001

Made

26th June 2001

Laid before the Scottish Parliament

27th June 2001

Coming into force

1st July 2001

The Scottish Ministers, in exercise of the powers conferred by sections 31A, 104(1)(a) and 105(1) of the Control of Pollution Act 1974(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Amendment Regulations 2001 and shall come into force on 1st July 2001.

Amendment of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2001

2.—(1) The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2001(2) are amended as follows.

(2) In regulation 12–

(a) in paragraph (2), for the figure “9” there is substituted the figure “8”; and

(b) at the beginning of paragraph (3), the words “Subject to paragraph (2),” are inserted.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

26th June 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 12 (“regulation 12”) of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2001 (S.S.I. 2001/206). Paragraph (2) of regulation 12 contains an incorrect numerical reference to regulation 9 (appeals against notices) of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 1991 (S.I. 1991/346) (“the 1991 Regulations”). This is corrected by regulation 2(2)(a) of these Regulations which substitutes the correct reference (to regulation 8 of the 1991 Regulations). Paragraph 12(3) of the Schedule to the Environment Act 1995 (Consequential and Transitional Provisions) (Scotland) Regulations 1996 (S.I. 1996/973) changed the reference to “the river purification authority” in regulation 8 of the 1991 Regulations to a reference to “SEPA”. Regulation 2(2)(b) makes it clear that that provision shall continue to have effect for the purposes of paragraph (2) of Regulation 12.

(1)

1974 c. 40; section 31A was inserted by the Water Act 1989 (c. 15), Schedule 23, paragraph 4 and section 31A(2) was amended by the Environmental Protection Act 1990 (c. 43), section 145(2) and by the Environment Act 1995 (c. 25), Schedule 22, paragraph 29(2); section 104 was amended by the Water Act 1989, Schedule 23, paragraph 7 and was repealed in part by the Environment Act 1995, Schedule 22, paragraph 29(34) and Schedule 24; section 105(1) contains definitions of “prescribed” and “regulations” which are relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.S.I. 2001/206.