The Environmental Authorisations (Scotland) Regulations 2018

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under sections 18 and 58 of the Regulatory Reform (Scotland) Act 2014 (2014 asp 3). They provide a framework for the authorisation of environmental activities (which are defined as regulated activities and currently include only radioactive substances activities) in Scotland. They repeal the Radioactive Substances Act 1993 (1993 c.12), and provide a new regulatory framework for radioactive substances activities.

These Regulations transpose provisions of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p.1) (“the BSSD”).

These Regulations come into force on 1st September 2018 and have effect subject to the transitional and savings provisions in schedule 5. A registration or authorisation under the Radioactive Substances Act 1993 is deemed to be an authorisation. Activities which are not regulated under the Radioactive Substances Act 1993 but which are radioactive substances activities under these Regulations will generally require an authorisation by the date falling after the end of a period of 6 months from the date these Regulations come into force.

Part 1 of these Regulations provides for meaning of terms used in these Regulations, and the requirement for a person in control of a regulated activity to have an authorisation. Regulation 9 provides for general aims which SEPA must take into account when carrying out its functions.

Part 2 of these Regulations provides for the carrying on of regulated activities in accordance with general binding rules. Schedule 9 sets out the general binding rules which are specified for radioactive substances activities.

Part 3 of these Regulations provides for the carrying on of regulated activities in accordance with a notification, including cessation of the activity and surrender of the notification.

Part 4 of these Regulations provides for the carrying on of regulated activities in accordance with a registration, including the form of applications, the content of a registration and the grant and variation of a registration.

Part 5 of these Regulations provides for the carrying on of regulated activities in accordance with a permit, including the form of an application, the content of a permit and the grant, variation and review of a permit. Schedule 1 makes further provision for the procedures for applying for and granting a registration or permit, and schedule 2 provides for the imposition by SEPA of requirements in permits and notices relating to land not controlled by the authorised person.

Part 6 of these Regulations provides for the transfer, revocation and surrender of registrations and permits.

Part 7 allows for determination of standard rules. A permit or a registration may be subject to standard rules.

Part 8 of these Regulations provides for the Scottish Ministers and SEPA having power to require information for specified purposes and for the requirement for SEPA to make information available to the public via a register. Provision is made for certain categories of information to be excluded from the register. Schedule 3 sets out the information to be included in the register.

Part 9 of these Regulations provides for enforcement. SEPA has power under regulation 46 to serve regulatory notices which can include a requirement for a regulated activity to cease. Regulatory notices may require action to be taken on land not in control of the authorised person.

Under Part 10 of these Regulations SEPA may serve a cost recovery notice requiring payment of the costs incurred in serving a regulatory notice or a remediation notice. Regulation 51 sets out the costs that may be recovered and the requirements for a notice. Regulation 54 contains provisions for the service of all forms of notice provided for in these Regulations.

Part 11 contains provision for the service of notices under these Regulations by SEPA and the Scottish Ministers.

Part 12 of these Regulations provides for appeals to the Scottish Ministers, for the effect of an appeal on the matter being appealed, and the determination of appeals by the Scottish Ministers. Schedule 4 makes further provision in relation to appeals.

Part 13 of these Regulations provide for SEPA's functions and duties. SEPA is given power to impose authorisations, to escalate or de-escalate authorisations and to consolidate authorisations. Regulation 59 requires SEPA to carry out its functions in accordance with the technical schedule. Part 14 of these Regulations provides for the publication of guidance by SEPA.

Part 15 of these Regulations provides for the creation of criminal offences, as well as the creation of a defence and provision relating to the admissibility of evidence. Regulation 75 gives power to a court to order an offence to be remedied.

Part 16 allows the Scottish Ministers to give guidance to SEPA in relation to SEPA's functions under these Regulations and in connection with the carrying on of a regulated activity by SEPA.

Part 17 provides that these Regulations bind the Crown with the exception of premises used by the Crown for defence purposes.

Schedules 6 and 7 provide for consequential modifications and repeals and revocations.

Schedule 8 is the technical schedule which defines the scope of a radioactive substances activity, and the specific requirements that apply to applications and authorisations for radioactive substances activities. Provision is made in this schedule for certain provisions in the BSSD, including Articles 5 and 12 (paragraph 26), 29(1) and (2) (paragraph 15), 65 to 67 (paragraphs 20 to 22), 85, 86 and 88 to 91 (paragraphs 23 to 25), 87 (paragraph 18), 90 (paragraph 32), 92 (paragraph 34), 94 (paragraphs 35 and 36) and 104 (paragraph 31).

A Business and Regulatory Impact Assessment has been prepared and placed in the Environmental Quality Division, Directorate for Environment & Forestry, Victoria Quay, Edinburgh EH6 6QQ. An updated transposition note is submitted with the Policy Note which is available alongside the instrument on www.legislation.gov.uk.