The Special Waste Amendment (Scotland) Amendment Regulations 2004

This Scottish Statutory Instrument has been printed to correct an error in S.S.I. 2004/112 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2004 No. 204

ENVIRONMENTAL PROTECTION

The Special Waste Amendment (Scotland) Amendment Regulations 2004

Made

26th April 2004

Laid before the Scottish Parliament

29th April 2004

Coming into force

21st May 2004

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Special Waste Amendment (Scotland) Amendment Regulations 2004 and shall come into force on 21st May 2004.

Amendment of the Special Waste Amendment (Scotland) Regulations 2004

2.  In regulation 2(10) of the Special Waste Amendment (Scotland) Regulations 2004(2), in regulation 15A(5) (Registers: special waste producers) as inserted into the Special Waste Regulations 1996(3), omit “, together with the producer return detailing that consignment”.

ALAN WILSON

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

26th April 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Special Waste Amendment (Scotland) Regulations 2004 (S.S.I. 2004/112) (“the amendment Regulations”) which in turn amend the Special Waste Regulations 1996 (S.I. 1996/972) (“the principal Regulations”) which make provision for handling special waste and for implementing Council Directive 75/442/EEC on waste (O.J. No. L 194, 25.7.75, p.8) and Council Directive 91/689/EC on hazardous waste (O.J. No. L 377, 3.12.91, p.20) (“the Hazardous Waste Directive”).

Regulation 2(10) of the amendment Regulations, which was made on 10th March 2004, inserts a new regulation 15A into the principal Regulations, which requires producers of special waste to keep a register which details the documents required to be kept in implementation of Article 4(2) of the Hazardous Waste Directive. Regulation 15A comes into force on 1st July 2004.

These Regulations correct an error in the amendment Regulations which requires a producer of special waste to enter into the register details of a producer return in relation to a consignment of special waste.

(1)

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.S.I. 2004/112. Regulation 2(10) inserts a new regulation 15A into the Special Waste Regulations 1996 (S.I. 1996/972).

(3)

S.I. 1996/972, amended by S.I. 1996/2019 and 1997/257 and S.S.I. 2000/95 and 323 and 2004/112.