The Pollution Prevention and Control (Designation of Energy Efficiency Directive) (Scotland) Order 2013

Scottish Statutory Instruments

2013 No. 321

Environmental Protection

The Pollution Prevention and Control (Designation of Energy Efficiency Directive) (Scotland) Order 2013

Made

12th November 2013

Laid before the Scottish Parliament

14th November 2013

Coming into force

15th December 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 1999(1) and all other powers enabling them to do so.

Citation, commencement and extent

1.—(1) This Order may be cited as the Pollution Prevention and Control (Designation of Energy Efficiency Directive) (Scotland) Order 2013 and comes into force on 15th December 2013.

(2) This Order extends to Scotland only.

Designation of Energy Efficiency Directive

2.  Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC(2) is designated for the purposes of paragraph 20 of Schedule 1 to the Pollution Prevention and Control Act 1999.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

12th November 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency (the “Energy Efficiency Directive”) as a relevant directive for the purposes of paragraph 20 of Schedule 1 to the Pollution Prevention and Control Act 1999 (“the Act”).

Schedule 1 to the Act specifies particular purposes for which provision regulating polluting activities may be made by regulations under section 2 of the Act. In particular, paragraph 20(1)(b) of that Schedule enables the making of provision which corresponds or is similar to any provision made, or capable of being made, under section 2(2) of the European Communities Act 1972 (c.68) in connection with a relevant directive.

The effect of this Order is to enable the powers in the Act to be used to implement the Energy Efficiency Directive.

(1)

1999 c.24; section 20(2)(c) was amended by S.I. 2011/1043. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46) as read with section 5(3) of the 1999 Act.

(2)

OJ L 315, 14.11.2012, p.1.