The Waste Management Licensing Amendment (Scotland) Regulations 2003

Scottish Statutory Instruments

2003 No. 171

ENVIRONMENTAL PROTECTION

The Waste Management Licensing Amendment (Scotland) Regulations 2003

Made

10th March 2003

Laid before the Scottish Parliament

11th March 2003

Coming into force

1st April 2003

The Scottish Ministers in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and section 74(6) of the Environmental Protection Act 1990(2) and of all other powers enabling them in that behalf, hereby make the following regulations.

(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)

1990 c. 43. The functions of the Secretary of State, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. Section 74(6) enables regulations to be made prescribing the qualifications and experience required of a person for the purposes of the management of an activity authorised by a waste management licence granted under section 35. The qualifications and experience so prescribed are treated by regulation 4(5)(b) of S.S.I. 2000/323 (which applies to Scotland and which amended regulation 1 of S.I. 1994/1056) as the qualifications and experience required of a person for the purposes of technical competence to manage a waste management activity authorised by a permit under Part II of S.S.I 2000/323 (which implements Council Directive 96/61/EC of 24th September 1996 concerning integrated pollution prevention and control (O.J. No. L 257, 10.10.96, p.26)). The extension of S.S.I.2000/323 to landfills by regulation 8 of S.S.I.2003/185 (which apply to Scotland and which implement Council Directive 99/31/EC on the landfill of waste (O.J. No. L 182, 16.7.99, p.1)) has the effect that the qualifications and experience prescribed pursuant to section 74(6) apply to persons managing a landfill pursuant to a landfill permit.