The Environmental Protection (Duty of Care) Amendment (Scotland) Regulations 2003

Scottish Statutory Instruments

2003 No. 533

ENVIRONMENTAL PROTECTION

The Environmental Protection (Duty of Care) Amendment (Scotland) Regulations 2003

Made

5th November 2003

Laid before the Scottish Parliament

10th November 2003

Coming into force

1st December 2003

The Scottish Ministers, in exercise of the powers conferred by section 34(5) of the Environmental Protection Act 1990(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Environmental Protection (Duty of Care) Amendment (Scotland) Regulations 2003, and shall come into force on 1st December 2003.

(2) These Regulations extend to Scotland only.

Amendment of the Environmental Protection (Duty of Care) Regulations 1991

2.  The Environmental Protection (Duty of Care) Regulations 1991(2) are amended in accordance with the following provisions of these Regulations.

3.  In regulation 4 (duty to furnish documents)–

(a) after “regulation authority” insert “, or an authority which is a waste collection authority or a waste disposal authority within the meaning of Part II of the 1990 Act,”; and

(b) for “the authority with a copy of it at the authority’s office” substitute “that authority with a copy of it at that authority’s office”.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

5th November 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Environmental Protection (Duty of Care) Regulations 1991 (S.I. 1991/2839) (“the principal Regulations”) to provide for local authorities in Scotland, acting in their capacities as waste collection authority and waste disposal authority to serve notices on persons who are required to keep written descriptions of transfer notes under the principal Regulations. Further, these regulations have the effect of providing for local authorities to require those persons to furnish such documents to them at their offices within a specified period of time. These powers are already exercisable by the Scottish Environment Protection Agency (SEPA) in Scotland, and these Regulations have the effect of giving local authorities the same powers.

(1)

1990 c. 43. The functions conferred upon the Secretary of State, in so far as they relate to Scotland, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1991/2839, as amended by S.I. 1996/972, 2000/1973, 2002/1559 and 2003/63, and S.S.I. 2000/323 and 2003/235.