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SCHEDULE 3SMINOR AND CONSEQUENTIAL MODIFICATIONS

(introduced by section 57)

PART 1 SREGULATION OF ENVIRONMENTAL ACTIVITIES ETC.

Prospective

Sewerage (Scotland) Act 1968S

1(1)The Sewerage (Scotland) Act 1968 is amended as follows.S

(2)In section 29A (priority substances etc.), in subsection (3)—

(a)the word “or” immediately following paragraph (a) is repealed, and

(b)for paragraph (b) substitute—

(b)regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014, or

(c)any directive concerning the same subject-matter as the directive mentioned in subsection (1)..

(3)In section 38H (Controlled Activities Regulations), for subsection (3)(b) substitute—

(b)regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014..

Prevention of Oil Pollution Act 1971S

2In section 11A of the Prevention of Oil Pollution Act 1971 (certain provisions not to apply where discharge or escape authorised under certain enactments), in subsection (1), after “1999” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”.S

Annotations:

Commencement Information

I1Sch. 3 para. 2 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Environmental Protection Act 1990S

3(1)The Environmental Protection Act 1990 is amended as follows.S

(2)In section 35 (waste management licences: general), in subsection (11A), after “1999” insert “ or by an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

(3)In section 46 (receptacles for household waste), in subsection (4)—

(a)the word “and” immediately following paragraph (d) is repealed,

(b)after paragraph (e) add—

(f)the removal of the receptacles placed for the purpose of facilitating the emptying of them; and

(g)the time when the receptacles must be placed for that purpose and removed..

(4)In section 47 (receptacles for commercial or industrial waste), in subsection (4)—

(a)the word “and” immediately following paragraph (d) is repealed,

(b)after paragraph (e) add—

(f)the removal of the receptacles placed for the purpose of facilitating the emptying of them; and

(g)the time when the receptacles must be placed for that purpose and removed..

(5)In section 79 (statutory nuisances and inspections therefor), in subsection (10), after “1999” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

Annotations:

Commencement Information

I2Sch. 3 para. 3 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Clean Air Act 1993S

4(1)The Clean Air Act 1993 is amended as follows.S

(2)In section 31 (regulations about sulphur content of oil fuel for furnaces or engines), in subsection (4)—

(a)in paragraph (a)—

(i)the word “or” immediately following sub-paragraph (i) is repealed,

(ii)after sub-paragraph (ii) insert ; or

(iii)part of an activity subject to regulation by the Scottish Environment Protection Agency under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014;,

(b)in paragraph (b), after “sub-paragraph (ii)” insert “ or (iii) ”.

(3)In section 33 (cable burning), in subsection (1), after “1999” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

(4)In section 35 (obtaining information), in subsection (3), after “1999” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

(5)In section 36 (notices requiring information about air pollution), in subsection (2A) after “1999” insert “ or to an activity subject to regulation by the Scottish Environment Protection Agency under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

(6)In section 41A (relation to Pollution Prevention and Control Act 1999)—

(a)in subsection (1), after “activities)” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”,

(b)in subsection (2)—

(i)in paragraph (a), after “permit” insert “ or authorisation ”,

(ii)in paragraph (b), after “permit” insert “ or authorisation ”,

(c)in subsection (3)—

(i)the words from “permit” to the end of the subsection become paragraph (a) of that subsection,

(ii)after that paragraph insert ; and

(b)authorisation” means an authorisation under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014, and the reference to an appeal is to an appeal under those regulations..

(7)In the title to section 41A, after “1999” insert “ and Regulatory Reform (Scotland) Act 2014 ”.

Annotations:

Commencement Information

I3Sch. 3 para. 4 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Environment Act 1995S

5(1)The Environment Act 1995 is amended as follows.S

(2)In section 56 (interpretation of Part 1), in the definition of “environmental licence” in relation to SEPA, after paragraph (aa) insert—

(3)In section 108 (powers of enforcing authorities and persons authorised by them), in subsection (15), in paragraph (n) of the definition of “pollution control functions” in relation to SEPA, after “1999” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

(4)In section 114 (power of the Scottish Ministers to delegate functions of determining, or to refer matters involved in, appeals), in subsection (2)(a)(viii), after “Scotland” insert “ or under section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

Annotations:

Commencement Information

I4Sch. 3 para. 5 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Merchant Shipping Act 1995S

6In section 136A of the Merchant Shipping Act 1995 (discharges etc. authorised under other enactments), after “1999” insert “ or an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014 ”.S

Annotations:

Commencement Information

I5Sch. 3 para. 6 in force at 1.10.2015 by S.S.I. 2015/52, art. 2(2)

Pollution Prevention and Control Act 1999S

7In the Pollution Prevention and Control Act 1999, in section 1 (general purpose of section 2 and definitions)—S

(a)paragraph (a) is repealed,

(b)in paragraph (b), the words “, otherwise in pursuance of that Directive,” are repealed.

Annotations:

Commencement Information

I6Sch. 3 para. 7 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Water Environment and Water Services (Scotland) Act 2003S

8(1)The Water Environment and Water Services (Scotland) Act 2003 is amended as follows.S

(2)In section 2 (the general duties), in subsection (8), in the definition of “the relevant enactments”, after “Part” insert “ , Part 3 of the Regulatory Reform (Scotland) Act 2014 ”.

(3)Section 20 (regulation of controlled activities) is repealed.

(4)Section 21 (controlled activities regulations: procedure) is repealed.

(5)In section 22 (remedial and restoration measures)—

(a)in subsection (2)(a), the words “(as defined in section 20(6))” are repealed,

(b)after subsection (3) insert—

(4)In subsection (2)(a), “pollution” in relation to the water environment means the direct or indirect introduction, as a result of human activity, of substances or heat into the water environment, or any part of it, which may give rise to any harm; and “harm” means—

(a)harm to the health of human beings or other living organisms,

(b)harm to the quality of the water environment, including—

(i)harm to the quality of the water environment taken as a whole,

(ii)other impairment of, or interference with the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems,

(c)offence to the senses of human beings,

(d)damage to property, or

(e)impairment of, or interference with, amenities or other legitimate uses of the water environment..

(6)In section 23 (fixing of charges for water services)—

(a)in paragraph (a) of subsection (4), the words “(as defined in section 20(6))” are repealed,

(b)after that subsection insert—

(5)In subsection (4)(a), “abstraction” means the doing of anything by which any water is removed or diverted by mechanical means, pipe or any engineering structure or works from any part of the water environment, whether temporarily or permanently, including anything by which the water is so removed or diverted for the purpose of being transferred to another part of the water environment, and includes—

(a)the construction or extension of any well, borehole, water intake or other work by which water may be abstracted,

(b)the installation or modification of any machinery or apparatus by which additional quantities of water may be abstracted by means of a well, borehole, water intake or other work..

(7)In section 28 (interpretation of Part 1), the definition of “controlled activity” is repealed.

(8)In section 36 (orders and regulations)—

(a)in each of subsections (3), (5) and (6) the word “20,” is repealed,

(b)in subsection (4), paragraph (b) and the “or” immediately preceding it are repealed.

(9)In schedule 1 (matters to be included in river basin management plans), in paragraph 10(b), for the words “schedule 2” substitute “ paragraph 3(1) of schedule 2 to the Regulatory Reform (Scotland) Act 2014 ”.

(10)Schedule 2 (controlled activities regulations: particular purposes) is repealed.

Annotations:

Commencement Information

Water Services etc. (Scotland) Act 2005S

9In section 25 of the Water Services etc. (Scotland) Act 2005 (sewerage nuisance: code of practice), in subsection (9), after “(c.24)” insert “ or by an authorisation under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014 ”.S

Annotations:

Commencement Information

I8Sch. 3 para. 9 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Prospective

Water Resources (Scotland) Act 2013S

10(1)The Water Resources (Scotland) Act 2013 is amended as follows.S

(2)In section 5 (qualifying abstraction), in subsection (2), for the words from “20(3)(b)” to the end of the subsection substitute “ 23(5) of the 2003 Act. ”.

(3)In section 21 (Controlled Activities Regulations), for subsection (5)(b) substitute—

(b)regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014..

(4)In section 50 (Controlled Activities Regulations), for subsection (5)(b) substitute—

(b)regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014..

PART 2 SENFORCEMENT OF REGULATIONS ON ENVIRONMENTAL ACTIVITIES ETC.

Environmental Protection Act 1990S

11(1)The Environmental Protection Act 1990 is amended as follows.S

(2)In section 33A (fixed penalty notices for contraventions of section 33(1)(a) and (c): Scotland)—

(a)in subsection (1), in paragraph (a)—

(i)for the words “officer of a local authority” substitute “ person or a constable ”,

(ii)the words from “in” to the end of paragraph (b) are repealed,

(b)in subsection (4), paragraph (b) and the word “or” immediately preceding it are repealed,

(c)after subsection (8) insert—

(8A)If an authorised person proposes to give a person a notice under this section, the authorised person may require the person to give him his name and address.

(8B)A person commits an offence if he fails to give his name and address when required to do so under subsection (8A) above.

(8C)A person who commits an offence under subsection (8B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.,

(d)in subsection (11), in paragraph (a), for the words from “the” where it first occurs to “committed” substitute “ a proper officer ”,

(e)after subsection (11) insert—

(11A)In subsection (11) above, “proper officer” means—

(a)in a case where a notice under this section is given by an officer of a local authority authorised as mentioned in paragraph (a) of the definition of “authorised person” in subsection (13) below, the officer who has, as respects the authority, the responsibility mentioned in section 95 of the Local Government (Scotland) Act 1973 (financial administration);

(b)in a case where a notice under this section is given by an officer of Loch Lomond and The Trossachs National Park Authority authorised as mentioned in paragraph (b) of that definition, the proper officer for that Authority appointed under paragraph 12(3) of schedule 2 to the National Parks (Scotland) Act 2000.,

(f)in subsection (12)—

(i)after “payable”, where it second occurs, insert—

(a)in a case such as is mentioned in paragraph (a) of subsection (11A) above,,

(ii)at the end insert—

(b)in a case such as is mentioned in paragraph (b) of that subsection, to Loch Lomond and The Trossachs National Park Authority; and as respects the sums received by that Authority, those sums shall accrue to that Authority.,

(g)in subsection (13)—

(i)for the definition of “authorised officer” substitute—

authorised person” means—

(a)an officer of a local authority who is authorised in writing by the authority for the purpose of issuing notices under this section in relation to a relevant offence committed in the area of the authority;

(b)an officer of Loch Lomond and The Trossachs National Park Authority who is authorised in writing by the Authority for the purpose of issuing notices under this section in relation to a relevant offence committed in the area designated as the National Park for which the Authority is established; or

(c)such other persons as may be specified by order made by the Scottish Ministers.,

(ii)the definition of “proper officer” is repealed,

(h)after subsection (13) insert—

(13A)The Scottish Ministers may by order make such modifications of this section as they consider necessary or expedient in connection with the specification of a person by an order under paragraph (c) of the definition of “authorised person” in subsection (13) above.

(13B)An order under subsection (13A) above may include provision—

(a)applying any provision of this section to such a person with such modifications as may be specified in the order;

(b)for any such provision not to apply in relation to such a person..

(3)In section 59 (power to require removal of waste unlawfully deposited), after subsection (8B) insert—

(8C)An authority may not recover costs under subsection (8) above if a compensation order has been made under section 249 of the Criminal Procedure (Scotland) Act 1995 in favour of the authority in respect of any part of those costs.

(8D)Subsection (8C) does not apply if the compensation order is set aside on appeal..

(4)In section 88 (fixed penalty notices for leaving litter)—

(a)in subsection (1), in paragraph (a)—

(i)for the words “officer of a litter authority” substitute “ person or a constable ”,

(ii)the words from “in” to the end of paragraph (b) are repealed,

(b)in subsection (5A), for the words “to the litter authority in whose area the offence was committed” substitute—

(a)where the notice is given by an officer of a litter authority authorised as mentioned in paragraph (a) of the definition of “authorised person” in subsection (10) below, to that litter authority;

(b)where the notice is given by an officer of Loch Lomond and The Trossachs National Park Authority authorised as mentioned in paragraph (b) of that definition, to that Authority.,

(c)in subsection (6)—

(i)the words from “a litter” to the end become paragraph (a) of that subsection, and

(ii)after that paragraph insert—

(b)Loch Lomond and The Trossachs National Park Authority, shall accrue to that Authority.,

(d)in subsection (8), in paragraph (a)(ii), for the words from “the” where it first occurs to “committed” substitute “ a proper officer ”,

(e)after subsection (8) insert—

(8A)In subsection (8) above, “proper officer” means—

(a)in a case where a notice under this section is given as mentioned in paragraph (a) of subsection (5A) above, the officer who has, as respects the litter authority, the responsibility mentioned in section 95 of the Local Government (Scotland) Act 1973 (financial administration);

(b)in a case where a notice is given as mentioned in paragraph (b) of that subsection, the proper officer for that Authorityappointed under paragraph 12(3) of schedule 2 to the National Parks (Scotland) Act 2000.

(8B)If an authorised person proposes to give a person a notice under this section, the authorised person may require the person to give him his name and address.

(8C)A person commits an offence if he fails to give his name and address when required to do so under subsection (8B) above.

(8D)A person who commits an offence under subsection (8C) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.,

(f)in subsection (10)—

(i)for the definition of “authorised officer” substitute—

authorised person” means—

(a)an officer of a litter authority who is authorised in writing by the authority for the purpose of issuing notices under this section in relation to an offence under section 87 above committed in the area of the authority;

(b)an officer of Loch Lomond and The Trossachs National Park Authority who is authorised in writing by the Authority for the purpose of issuing notices under this section in relation to an offence under section 87 above committed in the area designated as the National Park for which the Authority is established; or

(c)such other persons as may be specified by order made by the Scottish Ministers.,

(ii)the definition of “proper officer” is repealed,

(g)after subsection (10) insert—

(10A)The Scottish Ministers may by order make such modifications of this section as they consider necessary or expedient in connection with the specification of a person by an order under paragraph (c) of the definition of “authorised person” in subsection (10) above.

(10B)An order under subsection (10A) above may include—

(a)provision applying any provision of this section to such a person with such modifications as may be specified in the order;

(b)provision for any such provision not to apply in relation to such a person..

Annotations:

Commencement Information

I10Sch. 3 para. 11(4) in force at 1.4.2015 by S.S.I. 2014/160, art. 2(3)

Criminal Procedure (Scotland) Act 1995S

12In section 249 of the Criminal Procedure (Scotland) Act 1995 (compensation order against convicted person), after subsection (10) add—S

(11)This section is subject to section 34 of the Regulatory Reform (Scotland) Act 2014..

Annotations:

Commencement Information

I11Sch. 3 para. 12 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Reservoirs (Scotland) Act 2011S

13(1)The Reservoirs (Scotland) Act 2011 is amended as follows.S

(2)Sections 78 to 81 (enforcement undertakings, fixed monetary penalties, fixed monetary penalties: procedure and fixed monetary penalties: criminal proceedings and conviction, etc.) are repealed.

(3)In section 82 (further enforcement measures)—

(a)in subsection (4)—

(i)for the word “any” substitute “ either ”,

(ii)paragraph (a) is repealed,

(b)in subsection (5), the definition of “variable monetary penalty” is repealed.

(4)In section 83 (further enforcement measure: procedure), subsections (6)(b) and (7)(c) are repealed.

(5)In section 84 (further enforcement measures: criminal proceedings and conviction), subsection (3)(b) is repealed.

(6)In section 86 (consultation in relation to certain orders), in subsection (1), paragraphs (b) and (c) are repealed.

(7)In the title of section 86, the words “, 78(1), 79(1)” are omitted.

(8)In section 87 (guidance as to use of stop notices, etc.), paragraphs (b) and (c) are repealed,

(9)In the title of section 87, the words “, fixed monetary penalties” are omitted.

(10)In section 89 (guidance: appeals), the words “, 78, 80,” are repealed.

(11)In section 90 (publication of enforcement action)—

(a)in subsection (2), paragraph (b) is repealed,

(b)in subsection (3) the words “, fixed monetary penalty” are repealed.

(12)In section 114 (orders and regulations), in subsection (4)(f), the words “, 78(1), 79(1)” are repealed.

(13)In the schedule (index of defined expressions), the entries in the first column relating to “enforcement undertaking” and “fixed monetary penalty”, and the corresponding interpretation provisions in the second column, are repealed.

Annotations:

Commencement Information

I12Sch. 3 para. 13 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

PART 3 SPURPOSES OF SEPA

Environment Act 1995S

14(1)The Environment Act 1995 is amended as follows.S

(2)In section 31 (guidance on sustainable development and other aims and objectives), after subsection (2) insert—

(2A)The Scottish Ministers may give guidance to SEPA with respect to the carrying out of its duties under section 20A..

(3)In the title to section 31, after “on” insert “ SEPA's general purpose and on ”.

(4)Section 32 (general environmental and recreational duties) is repealed.

(5)In section 33 (general duties with respect to pollution)—

(a)subsections (1), (4) and (5) are repealed,

(b)in subsection (2)—

(i)for “shall” substitute “ may ”,

(ii)in paragraph (a), the words “pollution control” are repealed,

(iii)in paragraph (b), the words “pollution of” are repealed,

(iv)for “such pollution” substitute “ the general state of the environment ”.

(6)The title to section 33 becomes General duties as respects the state of the environment and effects of pollution.

(7)Section 34 (general duties with respect to water) is repealed.

(8)Section 36 (codes of practice with respect to environmental and recreational duties) is repealed.

(9)In section 39 (general duty of the new Agencies to have regard to the costs and benefits in exercising powers)—

(a)in subsection (1), for “Each new” substitute “ The ”,

(b)in subsection (2), for “a new” substitute “ the ”.

(10)In the title to section 39, for the words “new Agencies” substitute “ Agency ”.

(11)In section 81 (functions of the new Agencies), in subsection (2)—

(a)the word “means” is repealed,

(b)at the beginning of paragraph (a) insert “ means ”,

(c)in paragraph (b), for the words from “the functions” to the end of the paragraph, substitute “ has the same meaning as in section 108(15) below in relation to SEPA ”.

Annotations:

Commencement Information

I13Sch. 3 para. 14 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Water Industry (Scotland) Act 2002S

15In schedule 7 to the Water Industry (Scotland) Act 2002 (modifications of other enactments), paragraph 24(2) is repealed.S

Annotations:

Commencement Information

I14Sch. 3 para. 15 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

PART 4 SCONTROL OF POLLUTION ACT 1974

16(1)The Control of Pollution Act 1974 is amended as follows.S

(2)The following provisions are repealed—

(a)section 30B (classification of quality waters),

(b)section 30C (water quality objectives),

(c)section 30D (general duties to achieve and maintain objectives, etc.),

(d)section 30E (consultation and collaboration),

(e)section 31B (nitrate sensitive areas),

(f)section 31C (registering of agreement),

(g)section 41 (registers),

(h)section 42A (exclusion from registers of information affecting national security),

(i)section 42B (exclusion from registers of certain confidential information),

(j)section 43 (control of discharges into sewers),

(k)section 44 (provisions supplementary to section 43),

(l)section 45 (early variation of conditions of discharges),

(m)section 52 (charges in respect of certain discharges in England and Wales),

(n)section 57 (periodical inspections by local authorities),

(o)sections 63 to 67 (noise abatement zones),

(p)section 69 (execution of works by local authority),

(q)in section 87 (miscellaneous provisions relating to legal proceedings), subsection (3),

(r)section 88 (civil liability for contravention of section 3(3)),

(s)section 90 (establishment charges and interest in respect of certain expenses of authorities),

(t)section 101 (disposal of waste etc. by Atomic Energy Authority),

(u)Schedule 1 (noise abatement zones), and

(v)Schedule 1A (orders designating nitrate sensitive areas: Scotland).

(3)In section 30Y (introductory), in subsection (1) (meaning of “abandonment” in relation to a mine), in paragraph (b)—

(a)the word “or” immediately following sub-paragraph (i) is repealed,

(b)after sub-paragraph (ii) insert or

(iii)any disclaimer by notice signed by the Queen's and Lord Treasurer's Remembrancer under section 1013 of the Companies Act 2006 (Crown disclaimer of property vesting as bona vacantia)..

(4)In section 51 (codes of good agricultural practice), in subsection (2), the words from “but” to the end of the subsection are repealed.

(5)In section 55A (regulations under Part 2), the words “and sections 43 to 45” are repealed.

(6)In section 56 (interpretation etc. of Part 2)—

(a)in subsection (1)—

(i)in the definition of “coastal waters”, “controlled waters”, “ground waters”, “inland waters” and “relevant territorial waters”, for the words from the beginning to “meanings” substitute “ “controlled waters” has the meaning ”,

(ii)the definitions of “effluent”, “micro-organism”, “operations”, “sewage effluent”, “substance” and “trade effluent” are repealed,

(b)subsections (3), (5) and (6) are repealed.

(7)In section 73 (interpretation and other supplementary provisions)—

(a)in subsection (1), the definitions of the following expression are repealed—

(i)“noise abatement order” and “noise abatement zone”,

(ii)“noise level register”,

(iii)“noise reduction notice”, and

(iv)“person responsible”,

(b)in subsection (2), for the words “sections 62 to 67” in both places where they occur, substitute “ section 62 ”.

(8)In section 74 (penalties)—

(a)in subsection (1), in paragraph (a), the words “in the case of a first offence against this Part of this Act,” are repealed,

(b)the words from “; and” immediately following that paragraph to the end of the section are repealed.

(9)In section 104 (orders and regulations)—

(a)in subsection (1), the following words are repealed—

(i)“(except sections 63 and 65(6))”, and

(ii)“regulations made by virtue of section 18 of this Act or”,

(b)in subsection (2), the following words are repealed—

(i)“regulations shall be made by virtue of section 18 of this Act and no”, and

(ii)“regulations or”.

(10)In section 105 (interpretation etc. – general), in subsection (1), the definition of “trade effluent” is repealed.

Annotations:

Commencement Information

I15Sch. 3 para. 16 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

PART 5 SMISCELLANEOUS ENACTMENTS

Scottish Board of Health Act 1919S

17In the Scottish Board of Health Act 1919, in section 4 (transfer of powers and duties to and from the Board), paragraph (d) of subsection (1) is repealed.S

Annotations:

Commencement Information

I16Sch. 3 para. 17 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Local Government (Scotland) Act 1973S

18In the Local Government (Scotland) Act 1973, in Schedule 27 (adaptation and amendment of enactments), paragraphs 146 to 148 are repealed.S

Annotations:

Commencement Information

I17Sch. 3 para. 18 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Local Government, Planning and Land Act 1980S

19In the Local Government, Planning and Land Act 1980, in Schedule 2 (relaxation of controls over functions relating to clean air and pollution), paragraphs 10, 14 and 18 are repealed.S

Annotations:

Commencement Information

I18Sch. 3 para. 19 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Litter Act 1983S

20In the Litter Act 1983—S

(a)in section 4 (consultation and proposals for abatement of litter), subsections (4), (4ZA), (4A) and (5) are repealed,

(b)in section 9 (orders), subsection (3) is repealed,

(c)in section 13 (short title, commencement and extent), in subsection (4), the words “4(4),” are repealed.

Annotations:

Commencement Information

I19Sch. 3 para. 20 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Water Act 1989S

21In the Water Act 1989, in Schedule 23 (control of water pollution in Scotland), paragraphs 2 and 3 are repealed.S

Annotations:

Commencement Information

I20Sch. 3 para. 21 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Planning (Consequential Provisions) Act 1990S

22In the Planning (Consequential Provisions) Act 1990, in Schedule 2 (consequential amendments), paragraph 31(1) is repealed.S

Annotations:

Commencement Information

I21Sch. 3 para. 22 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Environmental Protection Act 1990S

23In the Environmental Protection Act 1990—S

(a)in section 79 (statutory nuisances and inspections therefor), in subsection (10), the words from “Part I” to “under”, where it third occurs, are repealed,

(b)in section 80 (summary proceedings for statutory nuisances)—

(i)in paragraph (a) of subsection (9), the words “or 65” are repealed,

(ii)paragraph (b) of that subsection, and the word “or” immediately preceding it, are repealed,

(iii)paragraph (c) of that subsection, and the word “or” immediately preceding it, are repealed,

(iv)subsection (10) is repealed,

(c)section 84 (termination of Public Health Act controls over offensive trades, etc.) is repealed,

(d)section 145 (penalties for offences of polluting controlled waters, etc.) is repealed,

(e)in Schedule 15 (consequential and minor amendments of enactments)—

(i)paragraph 2 is repealed,

(ii)in paragraph 15, sub-paragraphs (2) and (4) are repealed,

(iii)paragraph 17 is repealed,

(f)in Schedule 16 (repeals), in Part 1 (enactments relating to processes), the entry relating to 1990 c.43 (Environmental Protection Act 1990) is repealed.

Annotations:

Commencement Information

I22Sch. 3 para. 23 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Prospective

Natural Heritage (Scotland) Act 1991S

24(1)Section 24 of the Natural Heritage (Scotland) Act 1991 (rights of entry and inspection under Parts 2 and 3) is amended as follows.S

(2)In subsection (1)—

(a)in the opening words, the words “SEPA or” are repealed,

(b)in paragraph (a)—

(i)the words “SEPA or” are repealed,

(ii)the words “II or” are repealed,

(c)in paragraph (c)—

(i)for the words “either of these Parts” substitute “ Part III ”,

(ii)for the words “one of these Parts” substitute “ that Part ”.

(3)In subsection (9), the words “SEPA or”, in both places where they occur, are repealed.

(4)In the title to section 24, for the words “Parts II and III” substitute “ Part III ”.

Agricultural Holdings (Scotland) Act 1991S

25In section 26 of the Agricultural Holdings (Scotland) Act 1991 (certificates of bad husbandry), subsection (2) is repealed.S

Annotations:

Commencement Information

I23Sch. 3 para. 25 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Clean Air Act 1993S

26In the Clean Air Act 1993, in section 42 (colliery spoilbanks)—S

(a)in subsection (2), for the words “or quarry” substitute “ , or the operator of a quarry, ”,

(b)in subsection (6), for the words from “mine” to the end substitute—

mine” is to be construed in accordance with section 180 of the Mines and Quarries Act 1954;

operator”, in relation to a quarry, has the meaning given by regulation 2(1) of the Quarries Regulations 1999 (S.I. 1999/2024);

owner”, in relation to a mine, is to be construed in accordance with section 181(1) and (4) of the Mines and Quarries Act 1954;

quarry” is to be construed in accordance with regulation 3 of the Quarries Regulations 1999..

Annotations:

Commencement Information

I24Sch. 3 para. 26 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Radioactive Substances Act 1993S

27In the Radioactive Substances Act 1993, in Schedule 3 (enactments other than local enactments to which section 40 applies)—S

(a)paragraph 11 is repealed,

(b)in paragraph 16—

(i)the words “, 30B, 30D, 41 to 42B” are repealed,

(ii)for “(3)” substitute “ (2) ”.

Annotations:

Commencement Information

I25Sch. 3 para. 27 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Local Government etc. (Scotland) Act 1994S

28In the Local Government etc. (Scotland) Act 1994, in Schedule 13 (minor and consequential amendments), sub-paragraphs (3), (5) and (10) of paragraph 95 are repealed.S

Annotations:

Commencement Information

I26Sch. 3 para. 28 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Environment Act 1995S

29(1)The Environment Act 1995 is amended as follows.S

(2)In section 21 (transfer of functions to SEPA)—

(a)in subsection (1)—

(i)paragraph (a)(i), (iii) and (iv) are repealed,

(ii)in paragraph (a)(ii), the words from “Part III” to “and” are repealed,

(iii)paragraphs (c), (d), (f) and (h) are repealed,

(b)in subsection (2), paragraph (b) is repealed.

(3)Section 23 (functions of the staff commission established under section 12 of the Local Government etc. (Scotland) Act 1994) is repealed.

(4)In section 56 (interpretation of Part 1), in subsection (1), in the definition of “disposal authority”, paragraph (b) is repealed.

(5)In section 91 (interpretation of Part 4), in subsection (1), in the definition of “action plan”, for “84(2)(b)” substitute “ 84(2) ”.

(6)In section 110 (offences)—

(a)in subsection (1), after “to” insert “ assault, hinder or ”,

(b)in subsection (4)—

(i)in paragraph (a), after “of” where it second occurs insert “ assaulting, hindering or ”,

(ii)in sub-paragraph (i) of that paragraph, after “maximum” insert “ or to imprisonment for a term not exceeding 12 months, or to both ”,

(iii)in paragraph (b), for the words “level 5 on the standard scale” substitute “ the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 or to imprisonment for a term not exceeding 12 months, or to both ”,

(c)after subsection (5) insert—

(5A)A person may be convicted of the offence under subsection (1) above of hindering or obstructing even though it is—

(a)effected by means other than physical means, or

(b)effected by action directed only at any vehicle, apparatus, equipment or other thing used or to be used by an authorised person.

(5B)Subsection (5C) applies where, in the trial of a person (“the accused”) charged in summary proceedings with an offence under subsection (1) above, the court—

(a)is not satisfied that the accused committed the offence, but

(b)is satisfied that the accused committed an offence under subsection (2) above.

(5C)The court may acquit the accused of the charge and, instead, find the accused guilty of an offence under subsection (2) above..

(7)In section 114 (power of the Scottish Ministers to delegate functions relating to appeals), subsections (2)(a)(i) and (3)(b) are repealed.

(8)In Schedule 11 (air quality: supplemental provisions)—

(a)in paragraph 1(1)(b), the words “or 84” are repealed,

(b)in paragraph 4(2)(b), the words “or 84” are repealed.

(9)In schedule 20 (delegation of appellate functions of the Scottish Ministers), paragraph 4(3)(a) is repealed.

(10)In Schedule 22 (minor and consequential amendments)—

(a)paragraph 1 is repealed,

(b)in paragraph 29—

(i)in sub-paragraph (2), for the words from “section 30C(1)” to the end of that sub-paragraph, substitute “ section 51 ”,

(ii)sub-paragraphs (4)(b) to (e), (5), (6), (8), (9)(a) and (b), (10) to (15), (17) to (22), (25), (26), (29) and (30) are repealed,

(c)paragraph 93 is repealed,

(d)in paragraph 96, sub-paragraphs (2) to (5), (7) and (8) are repealed.

(11)In Schedule 23 (transitional and transitory provisions and savings), the following paragraphs are repealed—

(a)paragraph 4,

(b)paragraph 6,

(c)paragraph 8, and

(d)paragraph 18.

Annotations:

Commencement Information

I27Sch. 3 para. 29 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

30The amendments made by paragraph 29 to subsection (4) of section 110 of the Environment Act 1995 do not affect the penalty for an offence under that section committed before the coming into force of those amendments.S

Annotations:

Commencement Information

I28Sch. 3 para. 30 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Criminal Procedure (Scotland) Act 1995S

31(1)The Criminal Procedure (Scotland) Act 1995 is amended as follows.S

(2)In section 277 (transcript of police interview sufficient evidence)—

(a)in subsection (1)—

(i)the word “or” immediately following paragraph (a) is repealed, and

(ii)after paragraph (b) insert ; or

(c)a person authorised by the Scottish Environment Protection Agency under section 108 of the Environment Protection Act 1995 and an accused person.,

(b)after subsection (4) add—

(5)Subsection (1) is without prejudice to section 108(12) of the Environment Act 1995..

(3)In section 280 (routine evidence)—

(a)after subsection (3), insert—

(3A)For the purposes of any criminal proceedings, a report purporting to be signed by a person authorised by the Scottish Environment Protection Agency for the purpose of this subsection is sufficient evidence of any fact or conclusion as to fact contained in the report and of the authority of the signatory.,

(b)in subsection (6)—

(i)after “(1)”, where it first occurs, insert “ , (3A) ”, and

(ii)in paragraph (b), after “subsection”, where it second occurs, insert “ (3A) or ”.

(4)In Schedule 9 (certificates as to proof of certain routine matters)—

(a)in the table, omit the entry relating to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 Regulation 40,

(b)at the end of the table insert the following entries—

The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)
Regulation 44A person authorised to do so by the Scottish Environment Protection AgencyThat the person has analysed a sample identified in the certificate (by label or otherwise) and that the sample is of a nature and composition specified in the certificate.
Regulations made by virtue of section 18 of the Regulatory Reform (Scotland) Act 2014 (asp 3)A person authorised to do so by a regulator (within the meaning of paragraph 3(1) of schedule 2 to that Act)That the person has analysed a sample identified in the certificate (by label or otherwise) and that the sample is of a nature and composition specified in the certificate.
In relation to a person specified in the certificate that, on a date and in relation to an activity so specified, the person held or, as the case may be, did not hold a permit (within the meaning of paragraph 34 of schedule 2 to that Act) granted by such a regulator and, where the person held such a permit, any condition to which the permit is subject.

In relation to a person specified in the certificate that, on a date and in relation to an activity so specified, the person held or, as the case may be, did not hold registration (within the meaning of paragraph 34 of schedule 2 to that Act) granted by such a regulator and, where the person held such registration—

(a)

any condition to which the registration is subject;

(b)

whether the registration subsisted on the date specified in the certificate.

In relation to a person specified in the certificate that, on a date and in relation to an activity so specified, the person had given notification (within the meaning of paragraph 34 of schedule 2 to that Act) to such a regulator and, where the person gave such notification, whether the notification subsisted on the date specified in the certificate.
In relation to a permit or registration (in each case within the meaning of paragraph 34 of schedule 2 to that Act) a description of any variation, transfer, surrender, suspension or revocation of the permit or registration.
In relation to a person specified in the certificate that, on a date so specified, such regulator served on the person a notice mentioned in paragraph 18 of schedule 2 to that Act.
That such a regulator has, in pursuance of paragraph 4(3)(d) of schedule 2 to that Act, made general binding rules as mentioned in that paragraph, or has, in pursuance of paragraph 11 of that schedule, made standard rules as mentioned in that paragraph; and the content of those general binding rules or standard rules..
Annotations:

Commencement Information

I29Sch. 3 para. 31 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Town and Country Planning (Scotland) Act 1997S

32In the Town and Country Planning (Scotland) Act 1997, in section 275 (regulations and orders), the subsection numbered “(2A)” inserted by section 54(16)(a) of the Planning etc. (Scotland) Act 2006 is renumbered as “(2B)”.S

Annotations:

Commencement Information

I30Sch. 3 para. 32 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Planning (Consequential Provisions) (Scotland) Act 1997S

33In the Planning (Consequential Provisions) (Scotland) Act 1997, in Schedule 2 (consequential amendments), paragraph 23(1) is repealed.S

Annotations:

Commencement Information

I31Sch. 3 para. 33 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Crime and Punishment (Scotland) Act 1997S

34In the Crime and Punishment (Scotland) Act 1997, in section 30 (routine evidence)—S

(a)in subsection (1), for the words “subsections (2) and (3)” substitute “ subsection (3) ”,

(b)subsection (2) is repealed.

Annotations:

Commencement Information

I32Sch. 3 para. 34 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

City of Edinburgh (Guided Busways) Order Confirmation Act 1998S

35In the City of Edinburgh (Guided Busways) Order Confirmation Act 1998, in section 29 (connection of drains, etc, with streams, etc.) of the Order contained in the Schedule confirmed by section 1 of that Act, subsection (4) is repealed.S

Annotations:

Commencement Information

I33Sch. 3 para. 35 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Pollution Prevention and Control Act 1999S

36In the Pollution Prevention and Control Act 1999, in Schedule 3 (repeals), in the third column of the entry relating to the Environmental Protection Act 1990, the words “In section 79(10), the words “under Part I or”” are repealed.S

Annotations:

Commencement Information

I34Sch. 3 para. 36 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Antisocial Behaviour etc. (Scotland) Act 2004S

37In the Antisocial Behaviour etc. (Scotland) Act 2004, in schedule 2 (penalties for certain environmental offences), paragraph 2 is repealed.S

Annotations:

Commencement Information

I35Sch. 3 para. 37 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Forth Crossing Act 2011S

38In section 70 of the Forth Crossing Act 2011 (control of noise: Control of Pollution Act 1974), subsection (3) is repealed.S

Annotations:

Commencement Information

I36Sch. 3 para. 38 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

PART 6 SMODIFICATIONS OF REFERENCES TO “ENACTMENT” ETC.

Control of Pollution Act 1974S

39(1)The Control of Pollution Act 1974 is amended as follows.S

(2)In section 73 (interpretation and other supplementary provisions), after subsection (3) insert—

(3A)In the definition of “statutory undertakers” in subsection (1), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(3)In section 85 (appeals to Crown Court or Court of Session against decisions of magistrates' court or sheriff), after subsection (3) add—

(4)In subsection (2), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(4)In section 105 (interpretation etc. – general), in subsection (2)(b), after “private” add “ or by or under any Act of the Scottish Parliament ”.

Annotations:

Commencement Information

I37Sch. 3 para. 39 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Environmental Protection Act 1990S

40(1)The Environmental Protection Act 1990 is amended as follows.S

(2)In section 33 (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste), after subsection (10) add—

(11)In subsection (4)(c) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(3)In section 57 (powers of the Scottish Ministers to require waste to be accepted, treated, disposed of or delivered), after subsection (7) insert—

(7A)In subsection (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(4)In section 63 (waste other than controlled waste), after subsection (4) add—

(5)In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(5)In section 73 (appeals and other provisions relating to legal proceedings and civil liability), after subsection (9) add—

(10)In subsection (2) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(6)In section 78X (supplementary provisions), after subsection (4) insert—

(4A)In subsection (4)(f)(i) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(7)In section 79 (statutory nuisances and inspections therefor), after subsection (6A) insert—

(6B)In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(8)In section 98 (definitions for Part 6), after subsection (6), insert—

(6A)In subsection (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(9)In section 140 (power to prohibit or restrict the importation, use, supply or storage of injurious substances or articles), in subsection (11), before the definition of “the environment” insert—

enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;.

(10)In Schedule 4 (abandoned shopping and luggage trolleys), after paragraph 1(2) add—

(3)In sub-paragraph (2)(d) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

Annotations:

Commencement Information

I38Sch. 3 para. 40 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Natural Heritage (Scotland) Act 1991S

41(1)The Natural Heritage (Scotland) Act 1991 is amended as follows.S

(2)In section 7 (powers of entry), after subsection (11) add—

(12)In subsection (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(3)In Schedule 1 (constitution and proceedings of Scottish Natural Heritage), after paragraph 17(2) add—

(3)In sub-paragraph (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

Annotations:

Commencement Information

I39Sch. 3 para. 41 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Radioactive Substances Act 1993S

42(1)The Radioactive Substances Act 1993 is amended as follows.S

(2)In section 40 (radioactivity to be disregarded for purposes of certain statutory provisions), in subsection (3)—

(a)in the definition of “statutory provision”, in paragraph (a), after “Act” insert “ or Act of the Scottish Parliament ”,

(b)in the definition of “local enactment”—

(i)after paragraph (a) insert—

(aa)an Act of the Scottish Parliament the Bill for which was a private Bill for the purposes of the standing orders of the Scottish Parliament,,

(ii)in paragraph (b), after “by”, where it second occurs, insert “ the Scottish Parliament, ”.

(3)In section 46 (effect of Act on other rights and duties), in paragraph (b)—

(a)the words from “any”, where it second occurs, to the end of that paragraph become sub-paragraph (i) of that paragraph,

(b)after that sub-paragraph insert—

(ii)any Act of the Scottish Parliament, or.

Annotations:

Commencement Information

I40Sch. 3 para. 42 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Environment Act 1995S

43(1)The Environment Act 1995 is amended as follows.S

(2)In section 27 (power of SEPA to obtain information about land), after subsection (3) add—

(4)In subsection (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(3)In section 30 (records held by SEPA), after subsection (3) add—

(4)In subsection (3) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(4)In section 37 (incidental general functions), after subsection (8) insert—

(8A)In subsection (8) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(5)In section 38 (delegation of functions by Ministers etc. to new Agencies), in subsection (10) after the definition of “eligible function” insert—

enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;.

(6)In section 40 (ministerial directions to the new Agencies), after subsection (8) add—

(9)In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(7)In section 43 (incidental power of the new Agencies to impose charges)—

(a)the existing text becomes subsection (1) of that section,

(b)after that subsection add—

(2)In subsection (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(8)In section 53 (inquiries and other hearings), after subsection (3) add—

(4)In subsections (1) and (3) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(9)In section 87 (regulations for the purposes of Part 4), after subsection (9) add—

(10)In subsection (5)(c) above, “enactment” includes an enactment comprised in an Act of the Scottish Parliament..

(10)In section 108 (powers of enforcing authorities and persons authorised by them), in subsection (15)—

(a)in the definition of “pollution control enactments” at the end add “ (including any enactmentscomprised in, or in instruments made under, an Act of the Scottish Parliament relating to those functions). ”,

(b)in the definition of “pollution control functions” in relation to the Scottish Ministers, after “instrument” insert “ (includingany enactmentcomprised in, or in an instrument made under, an Act of the Scottish Parliament) ”.

(11)In section 113 (disclosure of information), in subsection (5), after the definition of “new Agency” insert—

enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(12)In section 122 (directions), after subsection (5) insert—

(6)In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(13)In Schedule 6 (the Scottish Environment Protection Agency), in paragraph 15, after sub-paragraph (2) add—

(3)In sub-paragraph (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

(14)In Schedule 11 (air quality: supplemental provisions), in paragraph 5, after sub-paragraph (6) add—

(7)In the definition of “fixed penalty offence” in sub-paragraph (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament..

Annotations:

Commencement Information

I41Sch. 3 para. 43 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Flood Risk Management (Scotland) Act 2009S

44Section 78 of the Flood Risk Management (Scotland) Act 2009 (SEPA's power to obtain information about land) is repealed.S

Annotations:

Commencement Information

I42Sch. 3 para. 44 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.