- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Waste (Scotland) Regulations 2011, SCHEDULE.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Regulation 8
1. In section 114(2)(a) of the Environment Act 1995 (power to delegate appeals functions), for sub-paragraph (vii) substitute—
“(vii)paragraph 6 of Schedule 5 to the Waste Management Licensing (Scotland) Regulations 2011,”.
2. For section 37 of the Waste and Emissions Trading Act 2003 M1 (meaning of “waste” in Part 1) substitute—
Meaning of waste in Part 1
(1) In this Part, “waste” means anything that—
(a)is waste within the meaning of Article 3(1) of the Waste Directive, as read with Articles 5 and 6, and
(b)is not excluded from the scope of the Waste Directive by Article 2(1), (2) or (3).
(2) For the purposes of this section, “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste.”.
Marginal Citations
3. In regulation 2(1) of the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000 M2—
(a)in the definition of “disposal”, for “Annex IIA of Directive 75/442/EEC, as amended” substitute “ Annex I of Directive 2008/98/EC ”; and
(b)in the definition of “used PCBs”, for “Directive 75/442/EC” substitute “ Directive 2008/98/EC ”.
Marginal Citations
4. In the title of Schedule 1 to those Regulations, for “Annex IIA of Directive 75/442/EEC on waste, as amended” substitute “ Annex I of Directive 2008/98/EC on waste ”.S
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. paras. 5-9 revoked (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360), reg. 1(2), sch. 12 (with reg. 71)
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F1Sch. paras. 5-9 revoked (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360), reg. 1(2), sch. 12 (with reg. 71)
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F1Sch. paras. 5-9 revoked (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360), reg. 1(2), sch. 12 (with reg. 71)
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F1Sch. paras. 5-9 revoked (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360), reg. 1(2), sch. 12 (with reg. 71)
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F1Sch. paras. 5-9 revoked (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360), reg. 1(2), sch. 12 (with reg. 71)
10. In regulation 2(1) of the Landfill (Scotland) Regulations 2003 M3—
(a)for the definition of “European Waste Catalogue” substitute—
““European Waste Catalogue” means the list of wastes set out in Commission Decision 2000/532/EC establishing a list of wastes;”;
(b)for the definition of “hazardous waste” substitute—
““hazardous waste” means any waste which is to be considered as hazardous waste under Articles 3(2) and 7 of the Waste Directive;”;
(c)for the definition of “waste” substitute—
““waste” means anything that is waste within the meaning of Article 3(1) of the Waste Directive;”; and
(d)for the definition of “Waste Framework Directive” substitute—
““Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.
Marginal Citations
M3S.S.I. 2003/235, as relevantly amended by S.S.I. 2003/343 regulation 3.
11. In regulation 4(c)(i) of those Regulations, for “Schedule 3 to the Waste Management Licensing Regulations 1994” substitute “ Schedule 1 to the Waste Management Licensing (Scotland) Regulations 2011 ”.S
F212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. para. 12 revoked (1.10.2015) by The Packaging (Essential Requirements) Regulations 2015 (S.I. 2015/1640), reg. 1, Sch. 6 (with reg. 3(5))
13. In regulation 2 of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003 M4—
(a)in the definition of “end-of-life vehicle”, for “Article 1(a)” substitute “ Article 3(1) ”;
(b)in the definition of “recovery”, for “Annex IIB” substitute “ Annex II ”; and
(c)for the definition of “Waste Directive” substitute—
““Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.
Marginal Citations
14. In Schedule 1 paragraphs 1(a) and 2(a) to those Regulations, for “Article 4” substitute “ Article 13 ”.S
15. In regulation 2 of the End-of-Life Vehicles Regulations 2003 M5—
(a)in the definition of “end-of-life vehicle”, for “Article 1(a)” substitute “ Article 3(1) ”;
(b)in the definition of “recovery”, for “Annex IIB” substitute “ Annex II ”; and
(c)for the definition of “the Waste Directive” substitute—
““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste.”.
Marginal Citations
M5S.I. 2003/2635, to which there are amendments not relevant to these Regulations.
16. In regulation 2 of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005 M6—
(a)for the definition of “end-of-life vehicle” substitute—
““end-of-life vehicle” means a vehicle which is waste within the meaning of Article 3(1) of the Waste Directive;”;
(b)in the definition of “recovery”, for “Annex IIB” substitute “ Annex II ”; and
(c)for the definition of “the Waste Directive” substitute—
““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste.”.
Marginal Citations
17. In regulation 2(1) of the Landfill Allowances Scheme (Scotland) Regulations 2005 M7—
(a)for the definition of “disposal” substitute—
““disposal” has the meaning given by regulation 2(1) of the Waste Management Licensing (Scotland) Regulations 2011;”;
(b)for the definition of “European Waste Catalogue” substitute—
““European Waste Catalogue” means the list of wastes set out in Commission Decision 2000/532/EC establishing a list of wastes;”; and
(c)for the definition of “recovery” substitute—
““recovery” has the same meaning as in Article 3 of, and Annex II to, Directive 2008/98/EC of the European Parliament and of the Council on waste;”.
Marginal Citations
18. In regulation 2(1) of the Waste Electrical and Electronic Equipment Regulations 2006 M8—
(a)for the definition of “disposal” substitute—
““disposal” has the meaning given by Article 3 of, and Annex I to, Directive 2008/98/EC of the European Parliament and of the Council on waste (“the Waste Directive”);”;
(b)for the definition of “recovery” substitute—
““recovery” has the meaning given by Article 3 of, and Annex II to, the Waste Directive, and “recover”, “recovered” and “recovery operation” shall be construed accordingly;”;
(c)in paragraph (d) of the definition of “relevant authorisation” for “regulation 18 of the Waste Management Licensing Regulations 1994” substitute “ regulations 17 and 19 of the Waste Management Licensing (Scotland) Regulations 2011 ”; and
(d)in the definition of “waste electrical and electronic equipment”, for “Article 1(a) of Directive 2006/12/EC” substitute “ Article 3(1) of Directive 2008/98/EC ”.
Marginal Citations
M8S.I. 2006/3289, to which there are amendments not relevant to these Regulations.
19. In regulation 2(1) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 M9, for the definition of “the Waste Directive” substitute—
““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.
Marginal Citations
20.—(1) In regulation 2(2) of those Regulations—S
(a)in the definition of “recovery”, for “Annex IIB” substitute “ Annex II ”; and
(b)in paragraph (d) of the definition of “relevant authorisation”, for “regulation 18 of the Waste Management Licensing Regulations 1994” substitute “ regulation 19 of the Waste Management Licensing (Scotland) Regulations 2011 ”.
(2) In paragraph 2 of Schedule 7 to those Regulations—
(a)in sub-paragraph (b), for “Annex IIB” substitute “ Annex II ”; and
(b)in sub-paragraph (c), for “Annex IIA or Annex IIB” substitute “ Annex I or II ”.
21. For regulation 7(3) of the Batteries and Accumulators (Placing on the Market) Regulations 2008 M10 substitute—
“(3) In this regulation “waste battery” means any battery which is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste.”.
Marginal Citations
22. In Article 2(1) of the Renewables Obligation (Scotland) Order 2009 M11—
(a)for the definition of “hazardous waste” substitute—
““hazardous waste” is as defined in Articles 3(2) and 7 of Directive 2008/98/EC of the European Parliament and of the Council on waste;”; and
(b)omit the definition of “Hazardous Waste Directive”.
Marginal Citations
23. In regulation 2 of the Waste Batteries (Scotland) Regulations 2009 M12, for the definition of “waste battery” substitute—
““waste battery” means any battery which is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste.”.
Marginal Citations
24. In regulation 2(1) of the Waste Batteries and Accumulators Regulations 2009 M13, for the definitions of “disposal” and “waste battery” substitute—
““disposal” has the meaning given by Article 3 of, and Annex I to, Directive 2008/98/EC of the European Parliament and of the Council on waste;”;
““waste battery” means any battery which is waste within the meaning of Article 3(1) of Directive 2008/98/EC;”.
Marginal Citations
25. In Schedule 4 Part 2 paragraph 12(2)(f) of those Regulations, for “regulation 18 of the Waste Management Licensing Regulations 1994” substitute “ regulations 17 and 19 of the Waste Management Licensing (Scotland) Regulations 2011 ”.S
26. In regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010 M14—
(a)in paragraph (b) of the definition of “Category A waste facility”, for “Directive 91/689/EEC” substitute “ Articles 3(2) and 7 of Directive 2008/98/EC ”;
(b)omit the definition of “Directive 91/689/EEC”;
(c)after the definition of “Directive 2000/60/EC” insert—
““Directive 2008/98/EC” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”;
(d)for the definition of “hazardous waste” substitute—
““hazardous waste” is as defined in Articles 3(2) and 7 of Directive 2008/98/EC;”; and
(e)for the definition of “waste” substitute—
““waste” is as defined in Article 3(1) of Directive 2008/98/EC;”.
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: