The Pollution Prevention and Control (Scotland) Amendment Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Pollution Prevention and Control (Scotland) Regulations 2000 (2000/323) (“the Principal Regulations”).

The majority of the amendments to those Regulations are clarificatory. The opportunity has also been taken to amend typographical errors in the Principal Regulations.

The following regulations make substantial changes to the Principal Regulations. Regulation 6, among other things, adds a requirement to regulation 9 of the Principal Regulations that no conditions are to be included in a permit for the purpose only of securing the health of persons at work (within the meaning of Part I of the Health and Safety at Work etc. Act 1974.)

Regulation 11 enables Scottish Ministers to give directions to SEPA to remove information from the public register maintained under regulation 27 of the Principal Regulations any information which is not prescribed for inclusion by paragraph 1 of Schedule 9 or which ought to have been excluded from the register by virtue of regulation 29 of the Principal Regulations.

Regulation 12 enables SEPA to remove information from the register maintained under regulation 28 of the Principal Regulations where the Scottish Ministers are of the opinion that the information relates to national security.

Regulation 13 amends regulation 29 of the Principal Regulations and inserts a requirement for the Scottish Ministers to advise an appellant of a right of appeal under regulation 29(13).

Regulation 14 amends regulation 35 of the Principal Regulations and creates an obligation on SEPA to advise all persons who have a right of appeal to the Scottish Ministers in relation to a decision or determination made under the Principal Regulations of the existence of that right.

Regulations 17(a), 17(c), 20(a)(ii) and 20(e) of these regulations provide for certain activities listed in Part 1 of Schedule 1 to the Principal Regulations to be moved from one Section or part of a Section to another Section or part of a Section.

Regulation 18 excludes from Chapter 4 of Part 1 of Schedule 1 to the Principal Regulations production for the purposes of research, development and testing of new products and processes unless such production is carried out at an installation which is regulated by the Principal Regulations.

Regulations 4 and 21 amend some of the dates contained in the table in Part 1 of Schedule 3 to the Principal Regulations so as to provide new dates for those activities which have been reclassified as Part A activities and new dates for some other activities.

Regulation 22(b) inserts a requirement into Part 1 of Schedule 4 to the Principal Regulations for applicants to include information on how the best available techniques are applied to the operation of the installation or mobile plant in the application for a permit.

Regulation 22(c)(ii) amends paragraph 1(1)(l) in Schedule 4 to the Principal Regulations so as to ensure that applicants for Part A provide relevant information related to the installation where a safety report within the meaning of Regulation 7 (safety report) of the Control of Major Accident Hazards Regulations (S.I. 1999/743) has been prepared.

Regulation 22(d) inserts a requirement into Part 1 of Schedule 4 to the Principal Regulations for applicants for a permit for an installation or mobile plant which is the subject of a climate change agreement, within the meaning of paragraph 46 of schedule 6 to the Finance Act 2000, to provide written confirmation that the installation is covered by a climate change agreement together with the terms of that agreement in so far as they relate to the installation.

Regulation 27 amends Schedule 8 to the Principal Regulations so as to include the requirement for Scottish Ministers to advise the appellant of the right of appeal under regulation 22(5) of those Regulations.