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This Scottish Statutory Instrument has been printed in substitution of the S.S.I. of the same number and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2009 No. 266

Environmental Protection

The Environmental Liability (Scotland) Regulations 2009

Made

23rd June 2009

Coming into force

24th June 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(1) and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for the references to the Community instruments referred to in these Regulations to be construed as references to those instruments as amended from time to time.

In accordance with paragraph 2(2) of Schedule 2 to that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

(1)

1972 (c.68). Section 2(2) was relevantly amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46), (“the 1998 Act”) and by section 27(1) and (2) of the Legislative and Regulatory Reform Act 2006 (c.51), (“the 2006 Act”). Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act. The functions conferred upon the Minister of the Crown under section 2(2) of the European Community Act 1972, insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.