SCHEDULE 2PARTICULAR PURPOSES FOR WHICH PROVISION MAY BE MADE UNDER SECTION 18
PART 1LIST OF PURPOSES
Environmental activities
I11
1
Further defining environmental activities.
2
Modifying the definition of any of those activities.
3
Specifying other activities as environmental activities.
Emissions
I22
1
Establishing standards, objectives or requirements in relation to emissions.
2
In relation to emissions, authorising the making of plans for—
a
the setting of overall limits,
b
the allocation of quotas, or
c
the progressive improvement of standards or objectives.
3
Authorising the making of schemes for the trading or other transfer of quotas so allocated.
Regulators
I33
1
Determining the authorities (whether SEPA or any other public or local authority or the Scottish Ministers) by whom functions conferred by the regulations for or in connection with regulating regulated activities are to be exercisable (such authorities being referred to in this schedule as “regulators”).
2
Specifying any other purposes for which any such functions are to be exercisable.
3
Enabling the Scottish Ministers to give directions (whether general or specific) with which regulators are to comply, or guidance to which regulators are to have regard, in exercising functions under the regulations, including—
a
directions providing for any functions exercisable by one regulator to be exercisable instead by another,
F1b
directions given for the purpose of the implementation of—
i
the relevant EU instruments, or
ii
any international obligations of the United Kingdom relating to protecting and improving the environment,
c
directions relating to the exercise of any function in a particular case or description of case,
d
directions providing for any matter to which the directions relate to be determined, in such manner (if any) as the directions may specify, by a person other than the Scottish Ministers.
F24
In sub-paragraph (3)(b) “the relevant EU instruments” has the same meaning as in paragraph 22(2) of this schedule.
Regulation of activities
I44
1
Prohibiting persons from carrying on, or from causing or permitting others to carry on, any regulated activity.
2
Prohibiting persons from carrying on any regulated activity except so far as it is—
a
authorised by or underthe regulations, and
b
carried on in accordance with the regulations.
3
Enabling the carrying on of regulated activities to be authorised by providing that they are to be carried on—
a
in accordance with a permit granted by a regulator under the regulations (a “permit”),
b
subject to a requirement to register the carrying on of the activity with a regulator (“registration”),
c
subject to a requirement to notify a regulator that the activity is being, or is proposed to be, carried on (“notification”),
d
subject to compliance with rules specified in or made under the regulations (“general binding rules”).
4
Enabling the carrying on of regulated activities to be authorised by means of a permit, registration or notification whether or not the carrying on of those activities is also subject to general binding rules.
5
Specifying a procedure under which the regulators may determine general binding rules.
6
Treating as authorised the carrying on of regulated activities which are subject to general binding rules.
7
Specifying the subsistence of an authorisation to carry on regulated activities which are subject to general binding rules.
Permits
I55
1
Prescribing the form and content of applications for permits.
2
Regulating the procedure to be followed in connection with—
a
applications for permits,
b
the determination of such applications, and
c
the grant of permits.
I66
1
Prescribing the form and content of permits.
2
Authorising permits to be granted subject to conditions imposed by regulators.
3
Securing that permits have effect subject to specified conditions.
4
Requiring persons carrying on regulated activities authorised by way of a permit to submit to regulators, in respect of specified periods and at specified intervals, such information as may be specified relating to the carrying on of the activities and compliance with any conditions subject to which the permit was granted.
I77
1
Requiring permits, or the conditions to which permits are subject, to be reviewed by regulators (whether periodically or in specified circumstances).
2
Authorising or requiring the variation of permits or such conditions by regulators (whether on applications made by holders of permits or otherwise).
3
Regulating the making of changes in the carrying on of the activitiesto which permits relate.
I88
1
Regulating the transfer and surrender of permits.
2
Authorising the suspension of permits by regulators.
3
Authorising the revocation of permits by regulators.
4
Authorising the imposition by regulators of requirements with respect to the taking of preventive or remedial action (by holders of permits or other persons) in connection with the surrender and revocation of permits.
I99
1
Authorising, or authorising the Scottish Ministers to make schemes for, the charging by the Scottish Ministers or public or local authorities of fees or other charges in respect of—
a
the testing or analysis of substances in cases mentioned in sub-paragraph (2),
b
the validating of, or of the results of, any testing or analysis of substances in such cases, or
c
assessing how the environment might be affected by the release into it of any substances in such cases.
2
The cases are those where the testing, analysis, validating or assessing is in any way in anticipation of, or otherwise in connection with, the making of applications for the grant of permits or is carried out in pursuance of conditions to which any permit is subject.
Registration
I1010
1
Prescribing the form and content of—
a
applications for registration,
b
registration.
2
Regulating the procedure for registration including—
a
the procedure to be followed in connection with—
i
applications for registration,
ii
the determination of such applications, and
iii
the grant of registration, and
b
variation, transfer, surrender, suspension and revocation of registrations.
3
Authorising registration to be granted subject to conditions imposed by regulators.
4
Securing that registrations have effect subject to specified conditions.
5
Specifying restrictions or other requirements in connection with registration, including—
a
circumstances in which registration may be refused,
b
the subsistence of registration.
Provisions common to permits and registration
I1111
1
Enabling the granting of permits, or the registration of activities, authorising the carrying on of—
a
one or more regulated activities,
b
a regulated activity at one or more than one place.
2
Securing that permits and registrations have effect subject to standard rules specified in or made under the regulations in respect of permits and registrations.
3
Specifying a procedure under which regulators may determine such rules.
4
Specifying restrictions or other requirements in connection with—
a
applications for permits or registration,
b
the grant of permits (including provisions for restricting the grant of permits to those who are fit and proper persons within the meaning of the regulations),
c
the registration of regulated activities (including provision for restricting registration to the carrying on of such activities by those who are fit and proper persons within the meaning of the regulations).
5
Specifying the circumstances in which persons or descriptions of persons may be deemed—
a
to have control over activities the carrying on of which is authorised by grant of a permit or by registration (including complying with any conditions or requirements of the permit or registration),
b
to be carrying on a regulated activity for the purposes of notices that may be served by regulators under paragraph 18,
c
to be authorised to carry on a regulated activity without having applied for a permit or registration, or having given notification, in respect of that activity.
6
Enabling the granting of a permit to, or registration of the carrying on of regulated activities by, more than one person.
7
Enabling permits and registrations—
a
to be varied, transferred, surrendered, suspended or revoked wholly or in part,
b
to be varied, suspended or revoked as mentioned in paragraph (a) in consequence of the person to whom the permit was granted or (as the case may be) who is authorised to carry on the regulated activities to which the registration relates ceasing to be a fit and proper person within the meaning of the regulations,
c
to be consolidated.
8
Providing for the transfer of a permit or registration to be refused if the person to whom it is proposed to be transferred is not a fit and proper person within the meaning of the regulations.
Notification of regulated activities
I1212
1
Prescribing the form and content of notifications and otherwise regulating the procedure for notifying the carrying on or proposed carrying on of regulated activities.
2
Specifying restrictions or other requirements in connection with notifications, including—
a
the subsistence of a notification,
b
the subsistence of an authorisation to carry on a regulated activity in respect of which the notification is given.
Charging schemes
I1313
1
Authorising, or authorising regulators to make, vary and revoke schemes for the charging by regulators of fees or other charges—
a
in respect of, or in respect of applications for—
i
the grant of a permit,
ii
the variation of a permit or the conditions to which it is subject,
iii
the transfer, surrender or revocation of a permit,
iv
registration,
v
the variation, transfer, surrender or revocation of registration,
b
in respect of the subsistence of a permit or registration,
c
in respect of consolidation of permits and registrations,
d
in respect of notifications,
e
in respect of other specified matters.
2
Regulating the procedure for making, varying and revoking such schemes.
Information, publicity and consultation
I1414
Enabling persons of any specified description (whether or not they are holders of permits or carrying on activities that are subject to registration, a requirement of notification or general binding rules) to be required—
a
to provide such information in such manner as is specified in the regulations,
b
to compile information—
i
on emissions,
ii
on energy consumption and on the efficiency with which energy is used,
iii
on waste and on the origins and destinations of waste.
I1515
Securing that—
a
publicity is given to specified matters,
b
regulators maintain registers of specified matters (but excepting information which under the regulations is, or is determined to be, commercially confidential and subject to any other exceptions specified in the regulations) which are open to public inspection,
c
regulators publish, in a manner specified in the regulations, such registers,
d
copies of entries in such registers, or of specified documents, may be obtained by members of the public.
I1616
Requiring or authorising regulators to carry out consultation in connection with the exercise of any of their functions (including consultation on any guidance they propose to issue in connection with the exercise of those functions), and providing for them to take into account representations made to them on consultation.
Enforcement and offences
I1717
1
Conferring functions on regulators with respect to compliance with, and enforcement of, the regulations.
2
Conferring power on regulators—
a
to arrange for preventive or remedial action to be taken at the expense of persons carrying on regulated activities,
b
to require such persons to provide such financial security as the regulators making the arrangements consider appropriate pending the taking of the preventative or remedial action.
3
Authorising regulators to appoint suitable persons to exercise the functions mentioned in sub-paragraph (1) and the powers in sub-paragraph (2); and conferring powers (such as those specified in section 108(4) of the Environment Act 1995 (powers of entry, etc.)) on persons so appointed.
4
Regulating the procedure under which regulators may make arrangements, or impose requirements, such as are mentioned in sub-paragraph (2).
I1818
1
Authorising regulators to serve on any persons carrying on regulated activities (whether or not the carrying on of those activities is authorised by or under the regulations) notices, including notices requiring such persons—
a
to notify the regulated activities being carried on by them,
b
to take preventative or remedial action at their own expense, including such action in respect of contraventions (actual or potential) of authorisations, or conditions of authorisations, relating to the regulated activities,
c
to provide such financial security as the regulators serving the notices consider appropriate pending the taking of preventative or remedial action required by virtue of paragraph (b),
d
to take steps to remove imminent risks of serious adverse impacts on the environment (whether or not arising from any contraventions such as are mentioned in paragraph (b)),
e
to stop the carrying on of regulated activities (whether or not the notice also requires the person to take such preventative or remedial action as may be specified in the notice).
2
Authorising regulators, where such notices are not complied with by persons on whom they are served—
a
to take, or arrange for the taking of, preventative or remedial action at the expense of those persons,
b
to impose monetary penalties on those persons.
3
Authorising regulators who serve such notices to require the persons on whom the notice is served to pay the cost incurred by the regulators in relation to the service of the notice up to the time of its service.
4
Providing for the enforcement of such notices by civil proceedings.
5
Specifying a procedure under which monetary penalties such as are mentioned in sub-paragraph (2)(b) may be imposed.
6
Authorising regulators, where they are required by virtue of such a procedure to serve a notice, to require the person on whom the notice is served to pay the costs incurred by the regulators in relation to the service of the notice up to the time of its service.
7
Providing for the enforcement of such notices by civil proceedings.
I1919
Creating offences and dealing with matters relating to such offences, including—
a
the provision of defences, and
b
evidentiary matters.
I2020
Enabling, where a person has been convicted of an offence under the regulations, a court dealing with that person for the offence to order the taking of remedial action (in addition to or instead of imposing any punishment).
Appeals
I2121
1
Conferring rights of appeal in respect of decisions made, notices served or other things done (or omitted to be done) under the regulations.
2
Making provision for (or for the determination of) matters relating to the making, considering and determination of such appeals (including provision for or in connection with the holding of inquiries or hearings).
General
I2222
1
Making provision which, subject to any modifications that the Scottish Ministers consider appropriate, corresponds or is similar to—
a
any provision made by or under, or capable of being made under, Part 2 of the Environmental Protection Act 1990, or
F3b
any provision (not being a provision within any of paragraphs 1 to 21 or paragraph (a)) that might be made by an Act of the Scottish Parliament in connection with the relevant EU instruments, other than provision—
i
imposing or increasing taxation,
ii
taking effect from a date earlier than that of the making of the instrument containing the provision,
iii
conferring any power to legislate by means of order, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal.
2
In sub-paragraph (1)(b) “the relevant EU instruments” means—
a
Council Directive 91/271/EEC concerning urban waste water treatment,
b
Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources,
c
European Parliament and Council Directive 94/62/EC on packaging and packaging waste,
d
Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT),
e
Council Directive 1999/31/EC on the landfill of waste,
f
Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles,
g
Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy,
h
Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise,
i
Directive 2006/7/EC of the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive 76/160/EEC,
j
Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC,
k
Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration,
l
Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe,
m
Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives,
n
Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council,
o
Commission Directive 2009/90/EC laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status,
p
Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations,
q
Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control),
r
Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products,
s
Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals,
t
Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE),
u
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,
v
Directive (EU) 2015/2193 of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants,
w
Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008,
x
Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment,
y
Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants.
3
In sub-paragraph (1)(b)(iii), the reference to provision conferring any power to legislate does not include provision—
a
amending or extending a power to legislate conferred other than under this paragraph,
b
giving directions as to matters of administration.
4
Making provision about the application of the regulations to the Crown.