SCHEDULE 11CONSEQUENTIAL MODIFICATIONS
PART 1PUBLIC GENERAL ACTS
The Environmental Protection Act 19901
1
The 1990 Act is amended in accordance with sub-paragraphs (2) to (5).
2
In section 6 (authorisations: general provisions), for subsections (6A) and (6B) substitute—
6A
Subsection (6) does not require a review of the conditions of an authorisation to be carried out if the prescribed process covered by the authorisation is—
a
a Part A activity,
b
a Part B activity,
c
a solvent emission activity, or
d
carried out using mobile plant.
6B
In subsection (6A), “Part A activity”, “Part B activity”, “solvent emission activity” and “mobile plant” have the meanings given in the Pollution Prevention and Control (Scotland) Regulations 2012.
3
In section 34(1) (duty of care etc. as respects waste), for paragraph (aa) substitute—
aa
to prevent a contravention by any other person of regulation 11 of the Pollution Prevention and Control (Scotland) Regulations 2012, or of a condition of a permit granted under those Regulations;
4
In section 35(11A)(waste management licences: general), for “license” substitute “
licence
”
.
5
In section 78YB (2C) (interaction of this Part with other enactments), for the definition of “enforcement action” substitute—
“enforcement action” means action under regulation 55 (SEPA: enforcement notices) or regulation 57(2) (SEPA: power to prevent or remedy pollution) of the Pollution Prevention and Control (Scotland) Regulations 2012.
The Environment Act 19952
1
The 1995 Act is amended in accordance with sub-paragraph (2).
2
In Schedule 20 (delegation of appellate functions of the Secretary of State), for paragraph 4(3)(d) substitute—
d
regulation 66 of the Pollution Prevention and Control (Scotland) Regulations 2012, or
The Antisocial Behaviour etc. (Scotland) Act 20043
1
The Antisocial Behaviour etc. (Scotland) Act 2004 M1 is amended in accordance with sub-paragraph (2).
2
In Schedule 2, omit paragraph 7 (the Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000323)).