SCHEDULE 6CONSEQUENTIAL AMENDMENTS

PART 1Public general acts

Nuclear Installations Act 19651

1

The Nuclear Installations Act 1965 M1 is amended in accordance with sub-paragraphs (2) to (4).

2

In section 3(14) (grant and variation of nuclear site licences)—

a

in paragraph (b), omit “Scotland or”;

b

after paragraph (b) insert—

c

in relation to a site in Scotland, has the same meaning as in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018.

3

In section 4(3)(d) (attachment of conditions to licences) after “ (S.I. 2016/1154)”, insert “ or to the Environmental Authorisations (Scotland) Regulations 2018. ”.

4

In section 4(7)—

a

in paragraph (b), omit “Scotland or”;

b

after paragraph (b), insert—

c

in relation to a site in Scotland, has the same meaning as in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018.

Environmental Protection Act 19902

1

The Environmental Protection Act 1990 M2 is amended in accordance with sub-paragraphs (2) to (4).

2

For section 75(2)(b) (meaning of “waste”) substitute—

b

radioactive waste, as defined in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018, the disposal of which falls within one of the activities specified in column 1 of Part 1 of schedule 9 of those Regulations and can be carried on in accordance with the rules specified for that activity;

3

In section 142(7) (powers to obtain information about potentially hazardous substances), for “Radioactive Substances Act 1993” substitute “ Environmental Authorisations (Scotland) Regulations 2018 ”.

4

In section 156(2) (power to give effect to EU and other international obligations etc.), for “Radioactive Substances Act 1993” substitute “ Environmental Authorisations (Scotland) Regulations 2018 ”.

Environment Act 19953

In section 42(3)(b) (Approval of charging schemes) of the Environment Act 1995 M3—

a

for “under section 13(1) of the Radioactive Substances Act 1993” substitute “ for radioactive substances activities under the Environmental Authorisations (Scotland) Regulations 2018 ”; and

b

for “that Act” substitute “ those Regulations ”.

Food Standards Act 19994

In schedule 3 (the Food Standard Agency's functions under other enactments) of the Food Standards Act 1999 M4 for paragraph 21 substitute—

21

1

The Agency has the right to be consulted on the determination of any application for the grant or variation of an authorisation (including of any conditions to which the authorisation may be subject) under the Environmental Authorisations (Scotland) Regulations 2018 for the disposal of radioactive waste from any premises situated on a nuclear site.

2

In sub-paragraph (1), “nuclear site” has the same meaning as in paragraph 4(1) of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018.

Energy Act 20045

For section 10(2)(b) (powers for carrying out functions) of the Energy Act 2004 M5 substitute—

b

power to apply for and hold authorisations (within the meaning of the Environmental Authorisations (Scotland) Regulations 2018) that relate to radioactive substances activities (within the meaning given in regulation 4 of those Regulations);