The Pollution Prevention and Control (Designation of Council Directives on Large Combustion Plants and National Emission Ceilings) (Scotland) Order 2002

Scottish Statutory Instruments

2002 No. 488

ENVIRONMENTAL PROTECTION

The Pollution Prevention and Control (Designation of Council Directives on Large Combustion Plants and National Emission Ceilings) (Scotland) Order 2002

Made

3rd November 2002

Coming into force

4th November 2002

The Scottish Ministers, in exercise of the powers conferred by paragraph 20(2)(c) of Part I of Schedule 1 to the Pollution Prevention and Control Act 1999(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Pollution Prevention and Control (Designation of Council Directives on Large Combustion Plants and National Emission Ceilings) (Scotland) Order 2002 and shall come into force on 4th November 2002.

(2) This Order extends to Scotland only.

Designation

2.  The following Directives are designated as relevant directives for the purposes of paragraph 20 of Part I of Schedule 1 to the Pollution Prevention and Control Act 1999:–

(a) Council Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants(2); and

(b) Council Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants(3).

Allan Wilson

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

3rd November 2002

Explanatory Note

(This note is not part of the Order)

This Order designates the Directives listed below as relevant directives for the purposes of paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 1999 (“the Act”):–

(a) Council Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants;

(b) Council Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants.

Schedule 1 to the Act specifies particular purposes for which provision regulating polluting activities may be made under section 2 of the Act. Paragraph 20(1)(b) allows for making provision which corresponds to or is similar to any provision made, or capable of being made, under section 2(2) of the European Communities Act 1972 in connection with one of the relevant directives. The relevant directives are Council Directive 96/61/EC concerning integrated pollution prevention and control, Council Directive 75/442/EEC on waste, as amended, and any other directive of the Council of the European Communities designated by the Scottish Ministers for the purposes of that paragraph.

(1)

1999 c. 24. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46), as read with section 5(3) of the Pollution Prevention and Control Act 1999.

(2)

O.J.E.C. L 309, 27.11.2001, page 1.

(3)

O.J. E.C. L 309, 27.11.2001, page 22.