http://www.legislation.gov.uk/ssi/2010/204The Air Quality Standards (Scotland) Regulations 2010texttext/xmlenStatute Law DatabaseENVIRONMENTAL PROTECTION2024-05-15Expert Participation2024-01-01 These Regulations, which extend to Scotland only, implement the following Directives:—Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe ; andDirective 2004/107/EC of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air. 2010 No. 204Environmental ProtectionThe Air Quality Standards (Scotland) Regulations 2010Made19th May 2010Laid before the Scottish Parliament20th May 2010Coming into force11th June 2010The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and all other powers enabling them to do so.PART 1GeneralCitation, commencement and extent11These Regulations may be cited as the Air Quality Standards (Scotland) Regulations 2010 and come into force on 11th June 2010.2These Regulations extend to Scotland only.Definitions2In these Regulations—“ambient air” means outdoor air in the troposphere, excluding workplaces as defined by Council Directive 89/654/EEC where provisions concerning health and safety at work apply and to which members of the public do not have regular access;“AOT 40” (expressed in (μg/m3).hours) means the sum of the difference between hourly concentrations greater than 80 μg/m3 (= 40 parts per billion) and 80 μg/m3 over a given period using only the one-hour values measured between 0800 hours and 2000 hours Central European Time each day;“arsenic”, “cadmium”, “nickel” and “benzo(a)pyrene” mean the total content of those elements and compounds within the PM10 fraction present in ambient air; “Directive 2004/107/EC” means Directive 2004/107/EC of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (but see regulation 2A); “Directive 2008/50/EC” means Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe (but see regulation 2A); “fixed measurements” means measurements taken at fixed locations, either continuously or by sampling from time to time, to determine levels of pollutants in accordance with the relevant data quality objectives;“indicative measurements” means measurements which meet data quality objectives that are less strict than those required for fixed measurements;“margin of tolerance” means the percentage of the limit value by which that value may be exceeded in a given year;“oxides of nitrogen” means the sum of the volume mixing ratio (ppbv) of nitrogen monoxide (nitric oxide) and nitrogen dioxide expressed in units of mass concentration of nitrogen dioxide (μg/m3);“ozone precursor substances” means substances which contribute to the formation of ground level ozone;“PM10” means particulate matter which passes through a size-selective inlet as defined in the reference method for the sampling and measurement of PM10, EN 12341: 1998 , with a 50 per cent efficiency cut-off at 10 μm aerodynamic diameter;“PM2.5” means particulate matter which passes through a size-selective inlet as defined in the reference method for the sampling and measurement of PM2.5, EN 14907: 2005c, with a 50 per cent efficiency cut-off at 2.5μm aerodynamic diameter;“particulate matter” means PM2.5 and PM10;“pollutant” means any of the following:—sulphur dioxide;nitrogen dioxide;oxides of nitrogen;particulate matter;lead;benzene;carbon monoxide;arsenic;cadmium;mercury;nickel;benzo(a)pyrene or other polycyclic aromatic hydrocarbons;ozone;“polycyclic aromatic hydrocarbons” means those organic compounds composed of at least two fused aromatic rings made entirely from carbon and hydrogen; and“total gaseous mercury” means elemental mercury vapour (Hg0) and reactive gaseous mercury, being water-soluble mercury species with sufficiently high vapour pressure to exist in the gas phase.<Addition ChangeId="key-9d4e221beac2870cb76ca1dd601584fb-1695975215324" CommentaryRef="key-9d4e221beac2870cb76ca1dd601584fb">Interpretation</Addition>2A1When interpreting Directive 2004/107/EC for the purposes of these Regulations—ain Annex 2, in Section 2, the second paragraph is to be read as if for “Member States” there were substituted “the Scottish Ministers”,bin Annex 3, in Section 4, paragraph (b), for “BAT as defined by Article 2(11) of Directive 96/61/EC” there is substituted “best available techniques (as defined in regulation 4 of the Pollution Prevention and Control (Scotland) Regulations 2012)”,cin Annex 4, in Section 1, the fourth and fifth paragraphs following the table are to be read as if for “Member States” in each place where the words occur, there were substituted “The Scottish Ministers”,dAnnex 5 is to be read as if—iin Sections 1, 2 and 3, in the second paragraph of each —aafor “A Member State” there were substituted “The Scottish Ministers”,bbfor “it” there were substituted “they”,iiin Section 2, in the first paragraph, for “Member States are allowed to” there were substituted “the Scottish Ministers may”,iiiSection 5 were omitted.2When interpreting Directive 2008/50/EC for the purposes of these Regulations—aArticle 3(f) is to be read as if for “other Member States” there were substituted “Member States”,bin Annex 1, in section A, footnote (1) is to be read as if—ifor “Member States” there were substituted “the Scottish Ministers”,iithe words “to the Commission” were omitted,cin Annex 1, section C is to be read as if—iin paragraph 1, for “appropriate competent authorities and bodies designated pursuant to Article 3” there were substituted “Scottish Ministers”,iiin subparagraph (i)—aathe words “pursuant to Articles 6 and 9” were omitted,bbfor “set out in the harmonised standard for testing and calibration laboratories” there were substituted “of the ISO/IEC standard 17025”,iiiin subparagraph (iii), the words from “and that institutions” to the end were omitted,ivin subparagraph (iv)—aafor the first sentence there were substituted “that the National Reference Laboratories are appointed by the Scottish Ministers and are accredited for the reference methods referred to in Annex 6, at least for those pollutants for which concentrations are above the lower assessment threshold, according to the ISO/IEC standard 17025”,bbin the second sentence, the words from “for the coordination” to “be responsible” were omitted,ccin the third sentence, for the words “relevant harmonised standard for proficiency testing” there were substituted “ISO/IEC standard 17043”,vsubparagraphs (v) and (vi) were omitted,viin paragraph 2, for “All reported data under Article 27” there were substituted “All data”,din Annex 2, in Section B, the second paragraph is to be read as if for “Member States” there were substituted “the Scottish Ministers”,ein Annex 3—iin Section A, paragraph (2)(b) is to be read as if the words “in accordance with Article 2(1),” were omitted,iiin Section B, paragraph 2 is to be read as if for “A Member State” there were substituted “The Scottish Ministers”,iiiSection D is to be read as if the last sentence were omitted,fin Annex 5, in Section A, footnotes (1) and (2) to the table are to be read as if for “a Member State” in each place, there were substituted “the United Kingdom”,gin Annex 6, Section B is to be read as if—iin paragraph 1—aafor “A Member State” there were substituted “The Scottish Ministers”,bbfor “it” there were substituted “they”,ccfor “Member State concerned” there were substituted “Scottish Ministers”,iiparagraphs 2, 3 and 4 were omitted,hin Annex 8, in Section A, the paragraph after the table is to be read as if after the words “in the Community” there were inserted “in so far as it forms part of assimilated law”.Designation of competent authority3The Scottish Ministers are designated as the competent authority for the purposes of Directive 2008/50/EC (other than for the purpose specified in Article 3(f) of that Directive) and for the purposes of Directive 2004/107/EC.Zones and agglomerations41The Scottish Ministers must, for the purposes of these Regulations, divide the territory of Scotland into zones and agglomerations.2A zone is classified as an agglomeration if it is a conurbation with a population in excess of 250,000 inhabitants.3Unless the context otherwise requires, in these Regulations references to a zone includes a zone which has been classified as an agglomeration. PART 2 Assessment of ambient air qualityCHAPTER 1Sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxideAssessment thresholds51The Scottish Ministers must classify each zone according to whether or not the upper or lower assessment thresholds specified in Section A of Annex II to Directive 2008/50/EC are exceeded in relation to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide.2The Scottish Ministers must review the classification of zones carried out in accordance with paragraph (1) at least every five years, and must do so more frequently than every five years if there are significant changes in the activities which may affect levels of sulphur dioxide, nitrogen dioxide or oxides of nitrogen, particulate matter, lead, benzene or carbon monoxide in ambient air.3When reviewing the classification of zones in accordance with assessment thresholds, the Scottish Ministers must comply with Section B of Annex II to Directive 2008/50/EC.Assessment criteria61The Scottish Ministers must assess the level of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide in ambient air in all zones.2In all zones where the level of any pollutant mentioned in paragraph (1) exceeds the upper assessment threshold for that pollutant referred to in regulation 5, fixed measurements must be used in relation to that pollutant, but may be supplemented by modelling or indicative measurements or both in order to provide adequate information on the spatial distribution of the ambient air quality.3In all zones where the level of any pollutant mentioned in paragraph (1) is below the lower assessment threshold for that pollutant referred to in regulation 5, modelling or estimation techniques or both may be used instead of fixed measurements in relation to that pollutant.4In zones where the level of any pollutant mentioned in paragraph (1) is at or between the upper and lower assessment thresholds for that pollutant, a combination of fixed measurements together with modelling or indicative measurements or both may be used in relation to that pollutant.5In addition to the measurements referred to in paragraphs (1) to (4), the Scottish Ministers must measure PM2.5 at rural background locations away from significant sources of air pollution, in order to provide information on an annual average basis on the total mass concentration and chemical speciation concentrations of that pollutant.6For the purposes of paragraphs (1) to (5), measurements must be carried out in accordance with the data quality objectives set out in Sections A and C of Annex I to Directive 2008/50/EC, and for the purposes of paragraph (5), measurements must also be carried out in accordance with the criteria set out in Annex IV to the same Directive.7Save as provided for in paragraph (8), measurements for the purposes of this regulation must be taken in accordance with the reference measurement methods specified in Sections A and Section C of Annex VI to Directive 2008/50/EC.8Alternative methods to those referred to in paragraph (7) may be used provided the conditions set out in Section B of that Annex are complied with.9Where measurements are supplemented by modelling or indicative measurements the Scottish Ministers must take account of the results of those supplementary methods in assessing ambient air quality for the purposes of these Regulations.10In this regulation, “chemical speciation concentrations” means the concentrations of different chemical components or species of PM2.5.Location and number of sampling points71The Scottish Ministers must install sampling points in accordance with Schedule 1 for the assessment of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide.2In zones where fixed measurements are the sole source of information for the assessment of air quality in relation to any pollutant mentioned in paragraph (1), the number of sampling points for that pollutant must be more than or equal to the minimum number specified in Section A of Annex V to Directive 2008/50/EC for the purpose of assessing compliance with limit values and alert thresholds.3In zones other than agglomerations where fixed measurement is the sole source of information for the assessment of air quality in relation to sulphur dioxide or oxides of nitrogen, the number of sampling points for that pollutant must be more than or equal to the minimum number specified in Section C of Annex V to Directive 2008/50/EC for the purpose of assessing compliance with critical levels for the protection of vegetation.4In zones where the information from fixed measurements is supplemented by information from modelling or indicative measurements or both—athe number of sampling points specified in Section A of Annex V may be reduced by up to 50 per cent provided that the following conditions are met:—ithe supplementary methods provide sufficient information for the assessment of air quality in relation to limit values or alert thresholds;iithe supplementary methods provide sufficient information to inform the public as to the state of ambient air quality; andiiithe number of sampling points to be installed and the spatial resolution of other techniques are sufficient for the concentration of the relevant pollutant to be established in accordance with the data quality objectives specified in Section A of Annex I to Directive 2008/50/EC and to enable assessment results to meet the criteria in Section B of that Annex; andbthe number of sampling points in Section C of Annex V to Directive 2008/50/EC may be reduced by up to 50 per cent provided that the assessed concentrations of the relevant pollutant can be established in accordance with the data quality objectives specified in Section A of Annex I to Directive 2008/50/EC.5For the measurement of PM2.5 in rural background locations, the Scottish Ministers must install a sampling point for every 100,000km2.CHAPTER 2OzoneAssessment criteria81The Scottish Ministers must assess the level of ozone in ambient air in all zones.2The Scottish Ministers must ensure that fixed measurements are taken in any zone where concentrations of ozone have exceeded the long-term objectives specified in Schedule 4 during any of the five years preceding those measurements.3For the purposes of paragraph (1), measurements must be carried out in accordance with the data quality objectives set out in Sections A and C of Annex I to Directive 2008/50/EC.4Save as provided for in paragraph (5), for the purposes of paragraph (2), measurements must be taken in accordance with the reference measurement method specified in point 8 of Section A of Annex VI to Directive 2008/50/EC.5Alternative methods to that referred to in paragraph (4) may be used provided the conditions set out in Section B of that Annex are complied with.6Where fixed measurements are supplemented by modelling or indicative measurements the Scottish Ministers must take account of the results of those supplementary methods in assessing ambient air quality for the purposes of these Regulations.Location and number of sampling points91The Scottish Ministers must install sampling points in accordance with the criteria set out in Annex VIII to Directive 2008/50/EC.2In zones where fixed measurement is the sole source of information for the assessment of air quality, the number of sampling points must be more than or equal to the minimum number specified in Section A of Annex IX to Directive 2008/50/EC.3In zones where concentrations of ozone have been below the long-term objectives for each of the previous five years of measurement, the number of sampling points must be determined in accordance with the criteria set out in Section B of Annex IX to Directive 2008/50/EC.4In zones where the information from fixed measurements is supplemented by information from modelling or indicative measurements or both, the number of sampling points referred to in paragraph (2) may be reduced provided that the following conditions are met:—athe supplementary methods provide sufficient information for the assessment of air quality in relation to target values, long-term objectives, information and alert thresholds;bthe number of sampling points to be installed and the spatial resolution of supplementary methods are sufficient for the concentration of ozone to be established in accordance with the data quality objectives set out in Section A of Annex I to Directive 2008/50/EC and to enable assessment results to meet the criteria specified in Section B of the same Annex;cthere is at least one sampling point in each zone, with a minimum of one sampling point per two million inhabitants or one sampling point per 50,000km2, whichever produces the greater number of sampling points; anddnitrogen dioxide is measured at all remaining sampling points except at rural background stations as referred to in Section A of Annex VIII to Directive 2008/50/EC.5The Scottish Ministers must ensure that nitrogen dioxide is measured at no less than 50 per cent of the sampling points required under Section A of Annex IX to Directive 2008/50/EC.6The measurement referred to in paragraph (5) must be continuous except at rural background stations.7In choosing the location and number of sampling points for measurements of ozone precursor substances, the Scottish Ministers must take into account the objectives and methods set out in Annex X to Directive 2008/50/EC.CHAPTER 3Arsenic, cadmium, nickel, mercury, benzo(a)pyrene and other polycyclic aromatic hydrocarbonsAssessment thresholds101The Scottish Ministers must classify each zone according to whether or not the upper and lower assessment thresholds specified in Section I of Annex II to Directive 2004/107/EC are exceeded in relation to arsenic, cadmium, nickel and benzo(a)pyrene.2The Scottish Ministers must review the classification of zones carried out in accordance with paragraph (1) at least every five years, and must do so more frequently than every five years if there are significant changes in the activities which may affect levels of the pollutants referred to in paragraph (1) in ambient air.3When considering the classification of zones in accordance with assessment thresholds, the Scottish Ministers must comply with Section II of Annex II to Directive 2004/107/EC.Assessment criteria111The Scottish Ministers must assess concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air in all zones.2In zones where the level of any pollutant mentioned in paragraph (1) is above the upper assessment threshold for that pollutant, fixed measurements must be used in relation to that pollutant but may be supplemented by modelling techniques to provide an adequate level of information on ambient air quality.3In zones where the level of any pollutant mentioned in paragraph (1) is above the lower assessment threshold but below the upper assessment threshold for that pollutant, fixed measurements must be used in relation to that pollutant but may be supplemented by indicative measurements as referred to in Section I of Annex IV to Directive 2004/107/EC or modelling, or both, to assess the level of these pollutants in ambient air.4In zones where the level of any pollutant mentioned in paragraph (1) is below the lower assessment threshold for that pollutant, modelling or objective estimation techniques may be used instead of measurement in relation to that pollutant.Location and number of sampling points12The Scottish Ministers must determine the location and number of sampling points for the assessment of arsenic, cadmium, nickel and benzo(a)pyrene in accordance with Annex III to Directive 2004/107/EC.Monitoring of polycyclic aromatic hydrocarbons131The Scottish Ministers must monitor concentrations of other relevant polycyclic aromatic hydrocarbons in addition to benzo(a)pyrene as they think fit, including at least the following:—abenzo(a)anthracene;bbenzo(b)fluoranthene;cbenzo(j)fluoranthene;dbenzo(k)fluoranthene;eindeno(1,2,3-cd)pyrene; andfdibenz(a,h)anthracene.2Monitoring sites must be located together with sampling points for benzo(a)pyrene.3Monitoring sites must be selected so that geographical variations and long term trends in the concentrations of polycyclic aromatic hydrocarbons can be identified.4Monitoring sites must be selected in accordance with the criteria in Sections I to III of Annex III to Directive 2004/107/EC.Background monitoring141The Scottish Ministers must operate background sampling points to provide the indicative measurements of—aconcentrations of—iarsenic, cadmium, nickel and benzo(a)pyrene;iithe polycyclic aromatic hydrocarbons referred to in paragraph (1) of regulation 13;iiitotal gaseous mercury.btotal depositions of—iarsenic, cadmium, nickel and benzo(a)pyrene within the PM10 fraction;iithe polycyclic aromatic hydrocarbons referred to in paragraph (1) of regulation 13;iiimercury.2For the purposes of paragraph (1) the Scottish Ministers must ensure that—aat least one sampling point is installed for every 100,000 km2 ; andbeach sampling point is located in accordance with Sections I to III of Annex III to Directive 2004/107/EC.Data quality objectives15When assessing levels of arsenic, cadmium, nickel, benzo(a)pyrene and other polycyclic aromatic hydrocarbons and total gaseous mercury, the Scottish Ministers must apply the data quality objectives and other standards contained in Annex IV to Directive 2004/107/EC.Reference methods for sampling and analysis16Measurements of arsenic, cadmium, mercury, nickel, benzo(a)pyrene and other polycyclic aromatic hydrocarbons in ambient air and deposition of those pollutants must be made in accordance with the reference methods set out in Annex V to Directive 2004/107/EC. PART 3 Duties of the Scottish Ministers in relation to limit values etc.Duties in relation to limit values171The Scottish Ministers must ensure that levels of sulphur dioxide, nitrogen dioxide, benzene, carbon monoxide, lead and particulate matter do not exceed the limit values set out in Schedule 2.2In zones where levels of the pollutants mentioned in paragraph (1) are below the limit values set out in Schedule 2, the Scottish Ministers must ensure that levels are maintained below those limit values and must endeavour to maintain the best ambient air quality compatible with sustainable development.3Where the Scottish Ministers consider that a limit value set out in Schedule 2 has been exceeded for a reason attributable to natural sources, that limit value will not be considered to be exceeded for the purposes of these Regulations.4Where the Scottish Ministers consider that a limit value has been exceeded for a reason attributable to natural sources in accordance with paragraph (3), the Scottish Ministers must publish information, for the relevant zones and agglomerations, demonstrating that the exceedances are attributable to natural sources.Duties in relation to target values181The Scottish Ministers must ensure that all necessary measures not entailing disproportionate costs are taken to ensure that concentrations of PM2.5, ozone, arsenic, cadmium, nickel and benzo(a)pyrene do not exceed the target values in Schedule 3.2The Scottish Ministers must draw up a list of all zones where the target values for arsenic, cadmium, nickel or benzo(a)pyrene are met, and in relation to those zones must maintain the levels of those pollutants below those target values and must endeavour to achieve the best ambient air quality compatible with sustainable development.3The Scottish Ministers must draw up a list of all zones in which the target values for arsenic, cadmium, nickel or benzo(a)pyrene are exceeded, and in doing so must identify the areas where those values are exceeded and the relevant sources of pollutants.4In relation to the zones to which paragraph (3) applies, the measures referred to in paragraph (1) must be directed in particular at the predominant sources of emission which have been identified, and where applicable must entail the application of best available techniques in accordance with the Pollution Prevention and Control (Scotland) Regulations 2012.5In zones where the level of ozone exceeds the target value for that pollutant, the Scottish Ministers must implement the national air pollution control programme drawn up in accordance with regulation 9 of the National Emission Ceilings Regulations 2018 in order to attain the target value, unless it cannot be achieved other than through measures that would entail disproportionate costs.Date of application for limit values and target values in regulations 17 and 18191The limit values and target values referred to in regulations 17 and 18 apply—afrom the date specified in the relevant Schedule for each limit value or target value concerned; orbwhen these Regulations come into force, if no such date is specified.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Duties in relation to long-term objectives for ozone201The Scottish Ministers must ensure that all necessary measures not entailing disproportionate costs are taken to attain the long-term objectives for ozone set out in Schedule 4.2Measures taken pursuant to paragraph (1) must be consistent with the programme referred to in regulation 18(5) and any air quality plan prepared and implemented in accordance with regulation 24(3).3In zones where the long-term objectives for ozone have been attained, the Scottish Ministers must, insofar as factors including meteorological conditions and the transboundary nature of ozone pollution permit—aensure that they continue to be met;bmaintain the best ambient air quality compatible with sustainable development; andcmaintain a high level of protection for the environment and human health.Duty in relation to information and alert thresholds21Where any of the information or alert thresholds in Schedule 5 are exceeded the Scottish Ministers must inform the public by means of radio, television, newspapers or the internet.Duty in relation to critical levels for the protection of vegetation22The Scottish Ministers must ensure that the critical levels set out in Schedule 6 are not exceeded. PART 4 National Exposure Reduction for PM<Inferior>2.5</Inferior>Duty to limit exposure to PM<Inferior>2.5</Inferior>231The Scottish Ministers must ensure that all necessary measures not entailing disproportionate costs are taken in relation to Scotland with a view to attaining the national exposure reduction target by 2020.2The Scottish Ministers must base assessment of compliance with paragraph (1) on a comparison of the average exposure indicator for 2020 with that for 2010.3The Scottish Ministers must ensure that all appropriate measures are taken in relation to Scotland with a view to ensuring that the average exposure indicator for 2015 does not exceed 20µg/m3.4In this regulation—a“national exposure reduction target” means the target established by the Secretary of State in accordance with regulation 24 of the Air Quality Standards Regulations 2010 ; andbreferences to an average exposure indicator for a certain year are references to the indicator for that year calculated by the Secretary of State in accordance with regulation 23 of those Regulations. PART 5 PlansAir quality plans241Where in any zone the levels of sulphur dioxide, nitrogen dioxide, benzene, carbon monoxide, lead or PM10 in ambient air exceed any of the limit values in Schedule 2 or the level of PM2.5 exceeds the target value in Schedule 3, the Scottish Ministers must draw up and implement an air quality plan for that zone so as to achieve that limit value or target value.2Where ... the Scottish Ministers have designated zones within which limit values for PM10 are exceeded due to the re-suspension of particulates following winter sanding or salting of roads, the Scottish Ministers' duty under paragraph (1) applies to those zones only in so far as the excess is attributable to other sources of PM10.3In zones where the level of ozone exceeds the target value for that pollutant in Schedule 3, the Scottish Ministers must draw up and implement an air quality plan to achieve the relevant target value, unless it cannot be achieved other than through measures that would entail disproportionate costs.4Between the date when these Regulations come into force and 31st December 2014, the Scottish Ministers must draw up and implement an air quality plan if levels of PM2.5 in ambient air exceed a level calculated by applying the margin of tolerance set out in Schedule 2 to the limit value for that pollutant.5Air quality plans must set out the measures intended to ensure compliance with the relevant limit value or target value within the shortest possible time.6Air quality plans must include the information listed in Schedule 7.7Wherever possible, air quality plans must be consistent with—aa national air pollution control programme drawn up in accordance with regulation 9 of the National Emission Ceilings Regulations 2018,ban action plan drawn up in accordance with Part 3 of the Environmental Noise (Scotland) Regulations 2006.7AAn air quality plan must assess the need to apply lower emission limit values for individual medium combustion plants than those set out in Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (“the Medium Combustion Plant Directive”) provided that, in the opinion of the Scottish Ministers, applying such emission limit values would effectively contribute to a noticeable improvement of air quality.7BIn considering whether to impose lower emission limit values, the Scottish Ministers must take into account the results of the information exchange referred to in Article 6(10) of the Medium Combustion Plant Directive.8Where an air quality plan is required in relation to more than one pollutant, the Scottish Ministers must, where appropriate, draw up and implement an integrated plan in relation to all pollutants concerned.9In this regulation “emission limit values” and “medium combustion plants” have the meanings given in the Pollution Prevention and Control (Scotland) Regulations 2012.Short-term action plans251Where, in any zone, there is a risk that levels of sulphur dioxide or nitrogen dioxide will exceed the alert thresholds set out in Schedule 5, the Scottish Ministers must draw up and implement a short-term action plan.2A short-term action plan must set out the measures intended to reduce the risk of alert thresholds being exceeded, or in the event of the levels being exceeded, to reduce the duration of such an incident.3Where, in any zone, levels of ozone exceed the alert threshold set out in Schedule 5 or there is a risk that they will exceed that threshold, the Scottish Ministers must draw up and implement a short-term action plan taking into account Decision 2004/279/EC , if of the opinion that it is reasonably likely that the risk of, or severity or duration of, the excess level of ozone can be reduced taking into account geographical, meteorological and economic conditions.4For the purposes of paragraph (3), levels must have exceeded, or be predicted to exceed, the alert threshold for at least three consecutive hours.5Short-term action plans may also be drawn up where there is a risk that any of the limit values or target values set out in Schedules 2 or 3 will be exceeded.Public participation in drawing up air quality and short-term action plans261The Scottish Ministers must consult the public where they propose to prepare, modify or review an air quality plan or a short-term action plan.2Where paragraph (1) applies, the Scottish Ministers must—ainform the public as to the proposal, any relevant background information and the right of the public to participate in the drawing up of the plan;bspecify the means by which the public can participate in the consultation with regard to the drawing up of the plan, including an address for responses, and a reasonable timescale for the consultation;ctake account of the results of the consultation in drawing up the plan.3When the plan is published, the Scottish Ministers must also provide information to the public as to the reasons for the contents of the plan together with information about the public participation process that has been carried out. PART 6 Public informationPublic information271The Scottish Ministers must make the following available to the public and appropriate interested organisations:—aup-to-date information given on at least a daily basis, and if possible on an hourly basis, on concentrations of sulphur dioxide, nitrogen dioxide, PM10 (and if possible, PM2.5), ozone and carbon monoxide;bup-to-date information on concentrations of benzene and lead, presented as an average over the last 12 months, and updated every three months or if possible every month;cup-to-date information as to any amendment to the attainment dates for limit values for nitrogen dioxide or PM10;dup-to-date information on concentrations and deposition rates of arsenic, cadmium, mercury, nickel, benzo(a)pyrene and other polycyclic aromatic hydrocarbons;einformation about cases where target values for arsenic, cadmium, nickel and benzo(a)pyrene are exceeded, together with reasons for such cases, the area concerned, and appropriate information regarding effects on health and the environment;finformation on measures taken to achieve target values for arsenic, cadmium, nickel and benzo(a)pyrene;ginformation about actual or predicted instances where pollutants exceed alert or information thresholds;hair quality plans;ishort-term action plans.2The information in paragraph (1)(g) must be made available in accordance with Schedule 8.3Information must be distributed free of charge in a clear and comprehensible manner via any easily accessible media including the internet or other appropriate means of telecommunication taking into account the requirements of the INSPIRE (Scotland) Regulations 2009.4For the purposes of this regulation, “interested organisations” includes environmental organisations, consumer organisations, organisations representing sensitive populations, relevant healthcare bodies and industrial federations.Annual reports281The Scottish Ministers must publish annual reports for all the pollutants.2Annual reports must contain the following information:—adetails of all cases where levels of pollutants have exceeded limit values, target values, long term objectives, information and alert thresholds set out in Schedules 2 to 5 for the relevant averaging periods; andba summary assessment of the effects of the cases referred to in sub-paragraph (a).3Annual reports may contain further information where appropriate, including assessments on forest protection and information as to ozone precursor substances listed in section B of Annex X to Directive 2008/50/EC as the Scottish Ministers think appropriate. PART 7 RevocationRevocation29The Air Quality Standards (Scotland) Regulations 2007 are revoked.R CUNNINGHAMAuthorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
SCHEDULE 1Sampling points for measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide in ambient airRegulation 7(1)PART 1General1Ambient air quality must be assessed at sampling points located in accordance with this Schedule, except those listed in paragraph 2.2Compliance with limit values directed at the protection of human health shall not be assessed at the following locations:—aany location situated within areas where members of the public do not have access and there is no fixed habitation;bon factory premises or at industrial locations to which all relevant provisions concerning health and safety at work apply;con the carriageway of roads and on the central reservations of roads except where there is normally pedestrian access to the central reservation.3Insofar as they are relevant, the principles set out in this Schedule also apply to indicative measurement and modelling.PART 2Macroscale siting of sampling points (sampling points for the protection of human health)1Sampling points directed at the protection of human health must be sited to provide data on—athe areas within zones where the highest concentrations occur to which the population is likely to be directly or indirectly exposed for a period which is significant in relation to the averaging period of the limit value(s); andblevels in other areas within the zones which are representative of the exposure of the general population.2Sampling points must in general be sited to avoid measuring very small micro-environments in their immediate vicinity. Where feasible, sampling points must be located so as to be representative of air quality in a street segment of no less than 100m in length at traffic-orientated sites or an area of at least 250m x 250m at industrial sites.3Sampling points in urban background locations must be located so that their pollution level is influenced by the combined contribution from all sources upwind of the station. The pollution level should not be dominated by a single source unless such a situation is typical for a larger urban area. Those sampling points must, as a general rule, be representative for several square kilometres.4Where the objective is to assess rural background levels, the sampling point must not be influenced by agglomerations or industrial sites in its vicinity, i.e. closer than five kilometres.5Where contributions from industrial sources are to be assessed, at least one sampling point must be installed downwind of the source in the nearest residential area. Where the background concentration is not known, an additional sampling point must be situated within the main wind direction.6Sampling points must also, where possible, be representative of similar locations not in their immediate vicinity.7Account must be taken of the need to locate sampling points on islands, where that is necessary for the protection of human health.Macroscale siting of sampling points (sampling points for the protection of ecosystems and vegetation)8Sampling points targeted at the protection of ecosystems or vegetation must be sited more than 20 km away from agglomerations or more than 5 km away from other built-up areas, industrial installations or motorways or major roads with traffic counts of more than 50,000 vehicles per day.9Sampling points must be located so as to be representative of air quality in a surrounding area of at least 1000 km². A sampling point may be sited at a lesser distance or to be representative of air quality in a less extended area, taking account of geographical conditions or opportunities to protect particularly vulnerable areas. Account must be taken of the need to assess air quality on islands.PART 3Microscale siting of sampling points1Insofar as is practicable, sampling points must be situated in accordance with the following criteria:—athe flow around the inlet sampling probe must be unrestricted (in general free in an arc of at least 270°, or 180° for sampling points at the building line) without any obstructions affecting the airflow in the vicinity of the inlet. The inlet sampling probe must normally be some metres away from buildings, balconies, trees and other obstacles and at least 0.5 m from the nearest building in the case of sampling points representing air quality at the building line;bin general, the inlet sampling point must be between 1.5 m (the breathing zone) and 4 m above the ground. Higher siting may also be appropriate if the station is representative of a large area. Any derogations must be fully documented;cthe inlet probe must not be positioned in the immediate vicinity of sources in order to avoid the direct intake of emissions unmixed with ambient air;dthe sampler's exhaust outlet must be positioned so that recirculation of exhaust air to the sampler inlet is avoided;ein relation to the location of traffic-orientated samplers sampling points must be at least 25 m from the edge of major junctions and no more than 10m from the kerbside. A ‘major junction’ is a junction which interrupts the traffic flow and as a result causes different emissions from the rest of the road. 1AAny deviation from the criteria set out in this Part must be fully documented through the procedures described in Section D of Annex III to Directive 2008/50/EC.2The following factors may also be taken into account:—ainterfering sources;bsecurity;caccess;davailability of electrical power and telephone communications;evisibility of the site in relation to its surroundings;fsafety of public and operators;gthe desirability of co-locating sampling points for different pollutants;hplanning requirements.SCHEDULE 2Limit valuesRegulations 17(1) and (2),19(2), 24(1) and (4), 25(5), 28(2)Sulphur dioxide
Averaging periodLimit value
One hour350 μg/m3 not to be exceeded more than 24 times a calendar year
One day125 μg/m3 not to be exceeded more than 3 times a calendar year
Nitrogen dioxide
Averaging periodLimit value
One hour200 μg/m3 not to be exceeded more than 18 times a calendar year
Calendar year40 μg/m3
Benzene
Averaging periodLimit value
Calendar year5 µg/m3
Carbon monoxide
Averaging periodLimit value
Maximum daily eight hour mean10 mg/m3
<P DocumentURI="http://www.legislation.gov.uk/ssi/2010/204/schedule/2/paragraph/wrapper1n2" IdURI="http://www.legislation.gov.uk/id/ssi/2010/204/schedule/2/paragraph/wrapper1n2" id="schedule-2-paragraph-wrapper1n2" shortId="schedule-2-paragraph-wrapper1"><Text>The maximum daily eight hour mean concentration of carbon monoxide must be selected by examining eight hour running averages, calculated from hourly data and updated each hour. Each eight hour average so calculated will be assigned to the day on which it ends, i.e. the first calculation period for any one day will be the period from 1700 hours on the previous day to 0100 hours on that day, the last calculation period for any one day will be the period from 1600 hours to 2400 hours on that day.</Text><Tabular Orientation="portrait"><Title>Lead
Averaging periodLimit value
Calendar year0.5 µg/m3
PM<Inferior>10</Inferior>
Averaging periodLimit value
One day50 µg/m3, not to be exceeded more than 35 times a calendar year
Calendar year40 µg/m3
PM<Inferior>2.5</Inferior>
Averaging periodLimit valueMargin of toleranceDate by which limit value is to be met
Calendar year25 µg/m320% on 11th June 2008, decreasing on the next 1st January and every 12 months thereafter by equal annual percentages to reach 0% by 1st January 20151st January 2015

SCHEDULE 3Target valuesRegulations 18(1), 24(1) and (3),25(5), 28(2)Arsenic, cadmium, nickel and benzo(a)pyrene
PollutantTarget value for the total content in the PM10 fraction averaged over a calendar yearDate by which target value should be met
Arsenic6 ng/m331st December 2012
Cadmium5 ng/m331st December 2012
Nickel20 ng/m331st December 2012
Benzo(a)pyrene1 ng/m331st December 2012
Ozone
ObjectiveAveraging periodTarget value
Protection of human healthMaximum daily eight hour mean(a)120 µg/m3 not to be exceeded on more than 25 days per calendar year averaged over three years(b)
Protection of vegetationMay to JulyAOT 40 (calculated from 1h values) 18,000 µg/m3 .h averaged over five years(b)
<P DocumentURI="http://www.legislation.gov.uk/ssi/2010/204/schedule/3/paragraph/wrapper2n2" IdURI="http://www.legislation.gov.uk/id/ssi/2010/204/schedule/3/paragraph/wrapper2n2" id="schedule-3-paragraph-wrapper2n2" shortId="schedule-3-paragraph-wrapper2"><Text/><P3 DocumentURI="http://www.legislation.gov.uk/ssi/2010/204/schedule/3/paragraph/wrapper2/a" IdURI="http://www.legislation.gov.uk/id/ssi/2010/204/schedule/3/paragraph/wrapper2/a" id="schedule-3-paragraph-wrapper2-a"><Pnumber>a</Pnumber><P3para><Text>The maximum daily eight hour mean concentration must be selected by examining eight hour running averages, calculated from hourly data and updated each hour. Each eight hour average so calculated must be assigned to the day on which it ends, that is, the first calculation period for any one day will be the period from 1700 hours on the previous day to 0100 hours on that day; the last calculation period for any one day will be the period from 1600 hours to 2400 hours on the day.</Text></P3para></P3><P3 DocumentURI="http://www.legislation.gov.uk/ssi/2010/204/schedule/3/paragraph/wrapper2/b" IdURI="http://www.legislation.gov.uk/id/ssi/2010/204/schedule/3/paragraph/wrapper2/b" id="schedule-3-paragraph-wrapper2-b"><Pnumber>b</Pnumber><P3para><Text>If the three or five year averages cannot be determined on the basis of a full and consecutive set of annual data, the minimum annual data required for checking compliance with target values will be as follows:—</Text><P4 DocumentURI="http://www.legislation.gov.uk/ssi/2010/204/schedule/3/paragraph/wrapper2/b/i" IdURI="http://www.legislation.gov.uk/id/ssi/2010/204/schedule/3/paragraph/wrapper2/b/i" id="schedule-3-paragraph-wrapper2-b-i"><Pnumber>i</Pnumber><P4para><Text>for the target value for the protection of human health: valid data for one year; and</Text></P4para></P4><P4 DocumentURI="http://www.legislation.gov.uk/ssi/2010/204/schedule/3/paragraph/wrapper2/b/ii" IdURI="http://www.legislation.gov.uk/id/ssi/2010/204/schedule/3/paragraph/wrapper2/b/ii" id="schedule-3-paragraph-wrapper2-b-ii"><Pnumber>ii</Pnumber><P4para><Text>for the target value for the protection of vegetation: valid data for three years.</Text></P4para><Tabular Orientation="portrait"><Title>PM<Inferior>2.5</Inferior>
Averaging periodTarget value
Calendar year25 µg/m3

SCHEDULE 4Long term objectives for ozoneRegulations 8(2), 20(1), 28(2)
ObjectiveAveraging periodLong term objective
Protection of human healthMaximum daily eight hour mean within a calendar year120 µg/m3
Protection of vegetationMay to JulyAOT 40 (calculated from 1h values) 6000 μg/m3.h.
SCHEDULE 5Information and alert thresholdsRegulations 21, 25(1) and (3),28(2)Alert thresholds for Sulphur dioxide and Nitrogen dioxide
PollutantAlert threshold(a)
Sulphur dioxide500 µg/m3
Nitrogen dioxide400 µg/m3
<P DocumentURI="http://www.legislation.gov.uk/ssi/2010/204/schedule/5/paragraph/wrapper3n2" IdURI="http://www.legislation.gov.uk/id/ssi/2010/204/schedule/5/paragraph/wrapper3n2" id="schedule-5-paragraph-wrapper3n2" shortId="schedule-5-paragraph-wrapper3"><Text/><P3 DocumentURI="http://www.legislation.gov.uk/ssi/2010/204/schedule/5/paragraph/wrapper3/a" IdURI="http://www.legislation.gov.uk/id/ssi/2010/204/schedule/5/paragraph/wrapper3/a" id="schedule-5-paragraph-wrapper3-a"><Pnumber>a</Pnumber><P3para><Text>To be measured over three consecutive hours at locations representative of air quality over at least 100 km<Superior>2</Superior> or an entire zone, whichever is smaller.</Text></P3para><Tabular Orientation="portrait"><Title>Information and alert thresholds for ozone
PurposeAveraging periodThreshold
Information1 hour180 µg/m3
Alert1 hour240 µg/m3

SCHEDULE 6Critical levels for the protection of vegetationRegulation 22Sulphur dioxide
Averaging periodCritical level
Calendar year and winter (1 October to 31 March)20 µg/m3
Oxides of Nitrogen
Averaging periodCritical level
Calendar year30 µg/m3 NOx
SCHEDULE 7Information to be included in air quality plansRegulation 24(6)1Localisation of excess pollution—aregion;bcity (map);cmeasuring station (map, geographical co-ordinates).2General information—atype of zone (city, industrial, rural);bestimate of the polluted area (km2) and of the population exposed to the pollution;cuseful climatic data;drelevant data on topography; andesufficient information on the type of targets requiring protection in the zone.3Responsible authorities (names and addresses of persons responsible for the development and implementation of air quality plans).4Nature and assessment of pollution—aconcentrations observed over previous years (before the implementation of the improvement measures);bconcentrations measured since the beginning of the project; andctechniques used for the assessment.5Origin of pollution—alist of the main emission sources responsible for pollution (map);btotal quantity of emissions from these sources (tonnes per year); andcinformation on pollution imported from other regions.6Analysis of the situation—adetails of those factors responsible for exceeding the limit value or target value (transport, including cross-border transport, formation of secondary pollutants in the atmosphere); andbdetails of possible measures for improvement of air quality.7Details of those measures or projects for improvements which existed prior to 11th June 2008—alocal, regional, national and international measures; andbobserved effects of those measures.8Details of those measures or projects adopted with a view to reducing pollution following 11th June 2008—alisting and description of all the measures set out in the project;btimetable for implementation;cestimate of the improvement of air quality planned and of the expected time required to attain these objectives.9Details of the measures or projects planned or being researched for the long term.10List of the publications, documents and work etc. used to supplement information required by this Schedule.SCHEDULE 8Public information in relation to information and alert thresholds for nitrogen dioxide, sulphur dioxide and ozoneRegulation 27(2)1In cases where either the information threshold or the alert threshold for nitrogen dioxide, sulphur dioxide or ozone are exceeded the details set out in paragraphs 3 to 6 must, as a minimum, be made available to the public.2In cases where either the information or alert thresholds are predicted to be exceeded, the information set out in paragraphs 3 to 6 must be provided where practicable.3Information on any incident where information or alert thresholds are exceeded—athe location or area where thresholds are exceeded;bthe type of threshold exceeded (information or alert threshold);cthe time at which the threshold was exceeded and the duration of the incident; anddthe highest 1-hour and (in the case of ozone) 8-hour mean concentration.4Forecast for the following afternoon, day and days—athe geographical area in which it is expected that an information or alert threshold will be exceeded; andbthe expected changes in pollution (that is, improvement, stabilisation or deterioration), together with the reasons for those changes.5Information on the type of population concerned, possible health effects and recommended conduct in particular—ainformation on the population groups at risk;bdescription of likely symptoms;crecommended precautions to be taken by the population concerned; anddwhere to find further information.6Information provided under this Schedule must also include—ainformation on preventive action to reduce pollution or exposure to it;ban indication of main source sectors; andcrecommendations for action to reduce emissions.

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, implement the following Directives:—Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe ; andDirective 2004/107/EC of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air.

Directive 2008/50/EC replaces Council Directive 96/62/EC on ambient air quality assessment and management, Council Directive 1999/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide, oxides of nitrogen, particulate matter and lead in ambient air, Directive 2000/69/EC of the European Parliament and of the Council relating to limit values for benzene and carbon monoxide in ambient air, Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air, and Council Decision 97/101/EC of 27 January 1997 establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the Member States.

The Regulations also incorporate requirements imposed by Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC.

These Regulations replace the Air Quality Standards (Scotland) Regulations 2007 (S.S.I. 2007/182), which are revoked (regulation 29).

Part 1 of the Regulations provides for definitions and designates the Scottish Ministers as a competent authority for the purposes of Directives 2008/50/EC and 2004/107/EC.

Part 2 of the Regulations provides for the assessment of ambient air quality. Chapter 1 relates to the assessment of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead benzene and carbon monoxide. Chapter 2 relates to the assessment of ozone, and Chapter 3 relates to the assessment of arsenic, cadmium, nickel, mercury, benzo(a)pyrene and other polycyclic aromatic hydrocarbons.

Part 3 of the Regulations sets out the duties of the Scottish Ministers in relation to the limit values, target values, long-term objectives, information and alert thresholds and critical levels for the protection of vegetation, all of which are set out in Schedules 2 to 6.

Part 4 of the Regulations provides for requirements in relation to PM2.5 in addition to the limit value and target value for this pollutant. The national exposure reduction target and average exposure indicators for PM2.5 are set by the Secretary of State in accordance with Part IV of the Air Quality Standard Regulations 2010 (S.I. 2010/1001).

Part 5 of the Regulations imposes requirements on the Scottish Ministers to draw up air quality plans in relation to limit values and target values and short-term action plans in relation to alert thresholds. Short-term action plans may also be used in relation to limit values and target values.

Part 6 of the Regulations relates to public information.

Schedule 1 to the Regulations sets out the requirements for the siting of sampling points for the assessment of sulphur dioxide, nitrogen dioxide, oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide.

Schedules 2 to 6 set out limit values, target values, long term objectives for ozone, information and alert thresholds, and critical levels for the protection of vegetation.

Schedule 7 sets out the information to be included in air quality plans.

Schedule 8 sets out the public information to be provided where information or alert thresholds are exceeded or are predicted to be exceeded.

A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Air, Noise and Nuisance Team, Rural Affairs, Environment and Services Directorate, Victoria Quay, Edinburgh EH6 6QQ.

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3), the Legislative and Regulatory Reform Act 2006 (c.51), section 27 and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). 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.O.J. No. L 393, 30.12.1989, p.1, amended by Directive 2007/30/EC (O.J. No. L 165, 27.6.2007, p.21).These standards are issued by the European Committee for Standardisation (CEN). Copies may be obtained from CEN at 36, Rue de Strassart B-1050, Brussels, Belgium, http://www.cenorm.be.S.I. 2010/1001.O.J. No. L 87, 25.3.04, p.50.S.S.I. 2007/182.Sch. 1 Pt. 3 para. 1A inserted (31.12.2016) by The Air Quality Standards (Scotland) Amendment Regulations 2016 (S.S.I. 2016/376), regs. 1, 4(c)Words in reg. 2 substituted (31.12.2016) by The Air Quality Standards (Scotland) Amendment Regulations 2016 (S.S.I. 2016/376), regs. 1, 3(a)Words in reg. 2 substituted (31.12.2016) by The Air Quality Standards (Scotland) Amendment Regulations 2016 (S.S.I. 2016/376), regs. 1, 3(b)Sch. 1 Pt. 3 para. 1(a)(b) substituted (31.12.2016) by The Air Quality Standards (Scotland) Amendment Regulations 2016 (S.S.I. 2016/376), regs. 1, 4(a)Words in sch. 1 Pt. 3 para. 1(e) substituted (31.12.2016) by The Air Quality Standards (Scotland) Amendment Regulations 2016 (S.S.I. 2016/376), regs. 1, 4(b)Reg. 24(7A)(7B) inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 17(2)(a)Reg. 24(9) inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 17(2)(b)Words in reg. 18(4) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 2Reg. 2A inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(3)Words in reg. 2 inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(2)(a)Words in reg. 2 inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(2)(b)Reg. 17(3)(4) substituted for reg. 17(3) (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(4)Words in reg. 18(5) substituted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(5)Reg. 19(2) omitted (1.6.2022) by virtue of The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(6)Reg. 19(3) omitted (1.6.2022) by virtue of The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(6)Words in reg. 24(2) omitted (1.6.2022) by virtue of The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(7)(a)Reg. 24(7) substituted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(7)(b)Words in reg. 27(3) substituted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(8)Word in reg. 2A(2)(h) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 19