The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002

Scottish Statutory Instruments

2002 No. 276

WATER

The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002

Made

6th June 2002

Laid before Parliament

7th June 2002

Coming into force

1st July 2002

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972M1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Marginal Citations

M1 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002, and shall come into force on 1st July 2002.

(2) These Regulations extend to Scotland only.

Interpretation S

2.—(1) In these Regulations–

• “code of good agricultural practice” means those parts of the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity [F1 which are aimed at reducing pollution by nitrates and which was issued by the Scottish Ministers on 11th March 2005, having been approved by virtue of the Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 2005];

• F2 ...

• “the 1991 Directive” means Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources M2 ;

• “ the 1996 Regulations” means the Protection of Water against Agricultural Nitrate Pollution (Scotland ) Regulations 1996 M3 ;

• F2 ...

and any expressions used in the 1991 Directive have the same meaning as in that Directive.

(2) Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations, and any reference in these Regulations to a numbered Article is to the Article so numbered in the 1991 Directive.

Textual Amendments

F1 Words in reg. 2(1) substituted (25.6.2005) by The Nitrate (Public Participation etc.) (Scotland) Regulations 2005 (S.S.I. 2005/305), regs. 1, 3

F2 Words in reg. 2(1) omitted (2.2.2015) by virtue of The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2014 (S.S.I. 2014/373), regs. 1(1), 5(3)(a)

Marginal Citations

M2 O.J. No. L 375, 31.12.91, p.1.

M3 S.I. 1996/1564; amended by S.I. 1998/2927 and S.S.I. 2000/96.

Nitrate vulnerable zones S

F3 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 3 revoked (2.2.2015) by The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2014 (S.S.I. 2014/373), regs. 1(1), 5(3)(b)

Publication of maps S

F4 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 4 revoked (2.2.2015) by The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2014 (S.S.I. 2014/373), regs. 1(1), 5(3)(b)

Codes of good agricultural practice S

5.  The code of good agricultural practice shall have effect as the code of good agricultural practice established for the purposes of Article 4 of the Directive.

Amendment of the 1996 Regulations S

6.—(1) The 1996 Regulations are amended as follows.

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

(a) for the definition of “code of good agricultural practice M4 ” there is substituted–

““code of good agricultural practice” means those parts of the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity Nitrogen and Phosphorous Supplement published in 2001 by the Scottish Executive which are aimed at reducing pollution by nitrates”;

(b) the definition of “first nitrate vulnerable zone M5 ” is omitted; and

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In regulation 6 (action programmes)–

(a) in paragraph (3) M6 the words “Subject to paragraph (3A) below,” are omitted;

(b) paragraph (3A) M7 is omitted; and

(c) for paragraph (4), there is substituted–

“(4) An action programme shall be implemented within four years of its establishment.”.

Textual Amendments

F5 Reg. 6(2)(c) revoked (2.2.2015) by The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2014 (S.S.I. 2014/373), regs. 1(1), 5(3)(b)

Marginal Citations

M4 The existing definition was inserted by S.S.I. 2002/96.

M5 The existing definition was inserted by S.S.I. 2000/96.

M6 Regulation 6(3) was substituted by S.S.I. 2000/96.

M7 Regulation 6(3A) was inserted by S.S.I. 2000/96.

Revocations and savings provision S

7.—(1) Subject to paragraph (2), regulation 3(1) of and Schedule 4 to the 1996 Regulations M8 are hereby revoked.

(2) Notwithstanding the revocation of regulation 3(1) of and Schedule 4 to the 1996 Regulations, the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 1998 M9 shall continue to apply to the area of land specified in paragraph 1 of Schedule 4 to the 1996 Regulations.

Marginal Citations

M8 Regulation 3(1) was amended by, and Schedule 4 was inserted by S.S.I. 2000/96.

M9 S.I. 1998/2927.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

Explanatory Note

(This note is not part of the Regulations)

These Regulations further implement in Scotland the requirements of Council Directive 91/676/EEC (“the Directive”) concerning the protection of waters against pollution caused by nitrates from agricultural sources. The objective of the Directive is to ensure that measures are taken to reduce and prevent nitrate pollution from agricultural sources. It provides a framework for action to reduce nitrate levels in the catchments of rivers and groundwater sources affected by such pollution, and to reduce eutrophication of freshwater bodies, estuaries, and coastal waters.

Regulation 3 designates further nitrate vulnerable zones. Regulation 4 makes provision for maps of nitrate vulnerable zones to be available for public inspection. Regulation 5 provides that the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity Nitrogen and Phosphorous Supplement is the code of practice established for the purposes of Article 4 of the Directive. Regulation 6 makes consequential amendments to the Protection of Water against Agricultural Nitrate Pollution (Scotland) Regulations 1996 (S.I. 1996/1564) (“the 1996 Regulations”). Regulation 7 revokes the provisions of the 1996 Regulations which designate two nitrate vulnerable zones in Scotland. These nitrate vulnerable zones have been subsumed in the areas designated by these Regulations.

Copies of the Code of Good Agricultural Practice referred to in regulation 4 may be obtained free of charge from SEERAD, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.