The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

The End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003

10.—(1) The End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) the existing text becomes paragraph (1),

(b) before the definition of “depollution” insert—

““the 2011 Regulations” means the Waste Management Licensing (Scotland) Regulations 2011(2)”,

(c) omit the definition of “Directive”,

(d) in the definition of “end-of-life vehicle”, for “Article 3(1) of the Waste Directive” substitute “section 75(2)(a) of the Environmental Protection Act 1990(3) as read with section 75A of that Act”,

(e) omit the definition of “keeping”,

(f) in the definition of “recovery”, for “Annex II to the Waste Directive” substitute “Part III of schedule 4 of the 2011 Regulations,

(g) omit the definition of “Waste Directive”,

(h) after paragraph (1) insert—

“(2) In these Regulations, references to “keeping or treatment” include, where appropriate, references to “keeping and treatment”.”.

(3) In the schedule (conditions to be included in site licences)—

(a) in paragraph 1—

(i) the existing paragraph becomes sub-paragraph (1),

(ii) in that sub-paragraph for “Article 13 of the Waste Directive” substitute “sub-paragraph (2)”,

(iii) after that sub-paragraph insert—

“(2) The necessary measures must be taken to ensure that waste management is carried out without endangering human health, without harming the environment and, in particular—

(a) without risk to water, air, soil, plants or animals,

(b) without causing a nuisance through noise or odours, and

(c) without adversely affecting the countryside or places of special interest.”,

(b) in paragraph 2, for “Article 13 of the Waste Directive” substitute “paragraph 1(2)”.

(1)

S.S.I. 2003/593, relevant amending instruments are S.S.I. 2011/226, S.S.I. 2015/438 and S.S.I. 2018/391.

(2)

S.S.I. 2011/228, relevant amending instruments are S.I. 2011/1043 S.S.I. 2018/391.

(3)

1990 c.43, relevant amending instrument is S.S.I 2011/226.