2014 No. 323
Environmental Protection

The Environmental Regulation (Liability where Activity Carried Out by Arrangement with Another) (Scotland) Order 2014

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 39(6)(b) of the Regulatory Reform (Scotland) Act 20141 and all other powers enabling them to do so.

Citation and commencement1.

This Order may be cited as the Environmental Regulation (Liability where Activity Carried Out by Arrangement with Another) (Scotland) Order 2014 and comes into force on 31st December 2014.

Annotations:
Commencement Information

I1Art. 1 in force at 31.12.2014, see art. 1

Specified activities2.

The activities listed in the Schedule are specified for the purposes of section 39 of the Regulatory Reform (Scotland) Act 2014.

Annotations:
Commencement Information

I2Art. 2 in force at 31.12.2014, see art. 1

PAUL WHEELHOUSE
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

SCHEDULESpecified Activities

Article 2

Waste activities

1.

(1)

The production, collection, keeping, treatment, management, transport, delivery, acceptance, storage, deposit, disposal or recovery of waste.

(2)

Acting as a broker of or dealer in waste.

(3)

In this paragraph, “waste” means any substance or object which the holder discards or intends or is required to discard.

F1Water activities

2.

(1)

The carrying on of a water activity.

(2)

In this paragraph, “water activity” has the same meaning as in regulation 4 of the Environmental Authorisations (Scotland) Regulations 2018.

Pollution activities

3.

(1)

Operating a Part A installation, Part B installation, mobile plant or solvents installation.

(2)

In this paragraph, “Part A installation”, “Part B installation”, “mobile plant” and “solvents installation” have the same meanings as in regulation 12 of the Pollution Prevention and Control (Scotland) Regulations 20123.

Sludge activities

4.

(1)

The use of sludge on agricultural land or the supply of sludge for such use.

(2)

Grazing animals, or harvesting crops, on agricultural land on which sludge or septic tank sludge has been used.

(3)

In this paragraph, “septic tank sludge”, “sludge”, and “use” have the same meanings as in regulation 2(1) of the Sludge (Use in Agriculture) Regulations 19894.

Slurry and silage activities

F25.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3Radioactive substances activity

6.

(1)

The carrying on of a radioactive substances activity.

(2)

In this paragraph, “radioactive substances activity” has the same meaning as given in regulation 4 of the Environmental Authorisations (Scotland) Regulations 2018.

EXPLANATORY NOTE
(This note is not part of the Order)

This Order specifies activities for the purposes of section 39 of the Regulatory Reform (Scotland) Act 2014 (“the 2014 Act”).

Section 39 of the 2014 Act provides that where (in the course of carrying on a regulated activity) a person (“A”) commits a relevant offence while carrying on that activity for another person (“B”), and B manages or controls the carrying on of the regulated activity, B also commits the relevant offence and is liable to be proceeded against. The Schedule to this Order specifies the regulated activities to which that section applies.

The relevant offences for the purposes of section 39 of the 2014 Act are specified in the Environmental Regulation (Relevant Offences) Scotland Order 2014, S.S.I. 2014/319.