The Environmental Liability etc. (EU Exit) (Scotland) (Amendment) Regulations 2019

PART 4 Amendments to the Environmental Liability (Scotland) Regulations 2009: exiting the European Union

4.—(1) The Environmental Liability (Scotland) Regulations 2009 are amended as follows.

(2) For regulation 3 substitute—

“3.   For the purposes of these Regulations, a reference in any EU instrument referred to in these Regulations—

(a) to the “European Union” or otherwise to the area to which that instrument applies is to be taken to include the United Kingdom,

(b) to a “Member State” is to be taken to include the United Kingdom.”.

(3) In regulation 4 (application)—

(a) in paragraph (1)(b)(i), for “Article 4(7) of Directive 2000/60/EC” substitute “regulations 8 or 9 of the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013(1)”,

(b) in paragraph (1)(b)(ii), after “addressed through” insert “the retained EU law which implemented”,

(c) in paragraph (5)(b), for “or higher, including the European Union” substitute “, or national or by reference to the natural range of the species”.

(4) In regulation 15 (co-operation between competent authorities)—

(a) in paragraph (1)(a), for “another” substitute “a”,

(b) omit paragraph (3)(a).

(5) In schedule 1 (activities for the purposes of regulation 4(1))—

(a) after the heading, insert—

A1.    Interpretation

A reference in this schedule to an activity being authorised, prohibited or managed pursuant to, or subject to a permit, authorisation or registration under, a Directive includes, on or after exit day, any activity authorised, prohibited or managed pursuant to, or subject to a permit, authorisation or registration under, any retained EU law which transposed that Directive.”.

(b) in paragraph 11, after “the European Union” insert “or into or out of the United Kingdom”.

(1)

S.S.I. 2013/323.