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The Landfill (Scotland) Amendment Regulations 2003

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Citation, commencement and extent

1.—(1) These regulations may be cited as the Landfill (Scotland) Amendment Regulations 2003 and shall come into force on the day after the day on which they are made.

(2) These Regulations extend to Scotland only.

Amendment of the Landfill (Scotland) Regulations 2003

2.  The Landfill (Scotland) Regulations 2003(1) are amended as follows.

3.  In regulation 2(1) (interpretation)–

(a)after the definition of “biodegradable waste” there is inserted–

“European Waste Catalogue” means the list of wastes pursuant to Article 1(a) of the Waste Framework Directive and Article 1(4) of Directive 91/689/EEC on hazardous waste(2) set out in Commission Decision 2000/532/EC(3);”;

(b)

for the definition of “waste” there is substituted ““waste” has the meaning given by Article 1(a) of the Waste Framework Directive and includes substances or categories of substances listed in the European Waste Catalogue;”; and

(c)

after the definition of “waste” there is inserted ““Waste Framework Directive” means Directive 75/442/EEC on waste(4);”.

4.  In regulation 19 (offences) for paragraph (3) there is substituted–

(3) where an offence under this regulation committed–

(a)by a body corporate, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who–

(i)is a director, manager or secretary of the body corporate; or

(ii)purports to act in any such capacity; or

(b)by a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who–

(i)is a partner; or

(ii)purports to act in that capacity,

that person as well as the body corporate or Scottish partnership is guilty of the offence and is liable to be proceeded against and punished accordingly..

5.  In Schedule 6 in paragraph 3(14)(a) for “paragraph 1(9)” there is substituted “paragraph 1(6)”.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

30th June 2003

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