2018 No. 192

Environmental Protection

The Regulatory Reform (Specification of Basic Safety Standards Directive) (Scotland) Order 2018

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by section 18 and paragraph 30 of schedule 2 of the Regulatory Reform (Scotland) Act 20141 and all other powers enabling them to do so.

Citation and commencement1

This Order may be cited as the Regulatory Reform (Specification of Basic Safety Standards Directive) (Scotland) Order 2018 and comes into force on 27th June 2018.

Specification2

Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom2 is specified, for the purposes of paragraph 22(1)(b) of schedule 2 of the Regulatory Reform (Scotland) Act 2014, as an EU instrument that is an EU obligation relating to protecting and improving the environment.

R CUNNINGHAMA member of the Scottish GovernmentSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (“the Directive”) as an EU instrument that is an EU obligation relating to protecting and improving the environment for the purposes of paragraphs 22(1)(b) of schedule 2 of the Regulatory Reform (Scotland) Act 2014 (“the 2014 Act”).

Schedule 2 of the 2014 Act specifies particular purposes for which provision may be made by way of regulations under section 18 of the 2014 Act for the purposes of protecting and improving the environment. Paragraph 22(1)(b) enables the making of provision which corresponds or is similar to any provision made, or capable of being made, under section 2(2) of the European Communities Act 1972 (c.68) in connection with an EU obligation relating to protecting or improving the environment. Paragraph 30 allows the Scottish Ministers, for the purposes of paragraph 22(1)(b), to specify an EU instrument as one that is or contains an EU obligation mentioned in paragraph 22(1)(b).

The effect of the specification is to enable the powers in the 2014 Act to be used to transpose the Directive.

No business and regulatory impact assessment has been prepared for this Order as no impact upon business, charities or voluntary bodies is foreseen.