http://www.legislation.gov.uk/ssi/2019/80The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019texttext/xmlenEXITING THE EUROPEAN UNIONENVIRONMENTAL PROTECTIONTOWN AND COUNTRY PLANNINGELECTRICITYStatute Law Database2024-05-15Expert Participation2023-05-19 These Regulations are made in exercise of the powers in paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union. The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019reg. 1The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Amendment Regulations 2019reg. 2(2)reg. 1 2019 No. 80Exiting The European UnionEnvironmental ProtectionTown And Country PlanningElectricityThe Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019Made5th March 2019Laid before the Scottish Parliament7th March 2019Coming into force in accordance with regulation 1The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 and all other powers enabling them to do so.Citation and Commencement1These Regulations may be cited as the Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 and come into force on IP completion day. Amendment of the Town and Country Planning (Development Planning) (Scotland) Regulations 20082. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Amendment of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 201331The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 are amended as follows.2In regulation 20A(1)(c), in inserted “Note 8”, from “consultations” to the end substitute “ a requirement to provide information by virtue of regulation 20 of the 2015 Regulations, state that fact ”.3In schedule 5 (consultation by the planning authority)—ain paragraph 4(b) at the end insert “ , as Directive 2012/18/EU had effect immediately before IP completion day ”,bin paragraph (2) of the text under the heading “Interpretation of Schedule 5”, at the end insert “ , as it had effect immediately before IP completion day ”.Amendment of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 201541The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 are amended as follows.2In regulation 2 (interpretation)—ain paragraph (1)—iafter the definition of “the 2013 Regulations” insert—“the 2015 Regulations” means the Control of Major Accident Hazards Regulations 2015;,iiin the definition of “the Directive” at the end insert “ , as Directive 2012/18/EU had effect immediately before IP completion day ”,bin paragraph (2), for “amended from time to time” substitute “ as it had effect immediately before IP completion day ”.3In regulation 6(2)(e) (applications for hazardous substances consent), from “consultations” to the end substitute “ a requirement to provide information by virtue of regulation 20 of the 2015 Regulations ”.4In regulation 9(3)(h) (neighbour notification by planning authorities), from “consultations” to the end substitute “ a requirement to provide information by virtue of regulation 20 of the 2015 Regulations ”.5In regulation 14(4)(a)(iv) (consultation before determination of applications), from “consultations” to the end substitute “ a requirement to provide information by virtue of regulation 20 of the 2015 Regulations ”.6In regulation 21(1)(b) (policies) after “Directive” insert “ (with the reference in that Article to Article 5 of the Directive being read as a reference to regulation 5 of the 2015 Regulations) ”.7In regulation 22(4) (plans and programmes), in the definition of “relevant plan or programme”, in both sub-paragraphs (a) and (b), after “pursuant to” insert “ any provision of retained EU law which implemented ”.8In regulation 23(2)(a)(ii) (other planning approvals for projects), from “consultations” to the end substitute “ a requirement to provide information by virtue of regulation 20 of the 2015 Regulations ”.9In regulation 57 (access to review procedure before a court), after “Directive” insert “ as it had effect immediately before IP completion day .”.10In regulation 60(2) (applications made before the commencement date) for “consultations between Member States in accordance with Article 14(3) of the Directive” substitute “ a requirement to provide information by virtue of Article 14(3) of the Directive as it had effect immediately before IP completion day ”.11In Part 2 of schedule 1 (hazardous substances and controlled quantities), in paragraph 12(1) of the Notes to Parts 1 and 2, after “relating to aerosol dispensers” insert “ , as that Directive had effect immediately before IP completion day ”.Amendment of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 201751The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 are amended as follows.2In regulation 2(1) (interpretation)—aat the end of the definition of “the CCS Directive” insert “ , as Directive 2009/31/EC had effect immediately before IP completion day ”,bat the end of the definition of “the Directive” insert “ , as it had effect immediately before IP completion day ”,cafter the definition of “site of special scientific interest” insert “ and ”,domit the definition of “Union legislation” and “and” immediately preceding it.3In regulation 4(3)(b) (environmental impact assessment), after “under” insert “ any law that implemented ”.4In regulation 6(6) (EIA Development), for “, in accordance with Article 2(4) of the Directive (but without prejudice to Article 7 of the Directive),” substitute “ in exceptional cases ”.5In regulation 21(2)(b) (publication of EIA report), for “another” substitute “ an ”.6In regulation 30(2)(b) (monitoring measures), for “Union legislation” substitute “ retained EU law ”.7In regulation 41 (development in Scotland likely to have significant effects in an EEA State other than the United Kingdom)—ain the heading, omit “other than the United Kingdom”,bin paragraphs (1)(a) and (1)(b), in each place it appears, omit “other than the United Kingdom”,cin paragraph (3)(a), for “another” substitute “ an ”,din paragraph (5)(a) for “in accordance with Article 6(1) of the Directive and” substitute “ by the EEA State as authorities to be consulted and to ”,ein paragraph (6)—iomit “in accordance with Article 7(4) of the Directive”,iiin sub-paragraph (b) omit “other”.8In regulation 42 (projects in another EEA State likely to have significant transboundary effects)—ain the heading, for “another” substitute “ an ”,bin paragraph (1)—iomit “other than the United Kingdom pursuant to Article 7(2) of the Directive”,iiomit “, in accordance with Article 7(4) of the Directive”,iiiin sub-paragraph (b), from “to the competent authority” to the end substitute “ representations to the competent authority in that EEA State ”.9In regulation 51 (access to review procedure before a court), at the end insert “(and for such purpose Article 11(1)(b) is to be read as if the reference to “ a Member State ” were a reference to “Scotland”).”.10In regulation 60 (revocations and transitional provisions)—ain paragraph (2), omit “as they did immediately before 16 May 2017”,bin paragraph (6) at the end insert “ , subject to the modifications specified in paragraph (6A) ”,cafter paragraph (6) insert—6AThe 2011 regulations are to be read as if—ain regulation 2(1) (interpretation)—iat the end of the definition of “the CCS Directive” the words “, as Directive 2009/31/EC had effect immediately before IP completion day ” were inserted,iiat the end of the definition of “the Directive” the words “, as it had effect immediately before IP completion day ” were inserted,bin regulation 5(4) (general provisions relating to screening), for “, in accordance with Article 2(4) of the Directive (but without prejudice to Article 7 of the Directive),” there were substituted “ in exceptional cases ”,cin regulation 36 (development in Scotland likely to have significant effects in an EEA other than the United Kingdom)—iin the heading, the words “other than the United Kingdom” were omitted,iiin paragraphs (1)(a) and (b), the words “other than the United Kingdom” were omitted,iiiin paragraph (2)(a), for “another” there were substituted “ an ”,ivin paragraph (4)(a), for the words “referred to in Article 6(1) of the Directive and” there were substituted “ designated by the EEA State as authorities to be consulted and to ”,vin paragraph (5)—aathe words “in accordance with Article 7(4) of the Directive” were omitted,bbin sub-paragraph (b) the word “other” were omitted,din regulation 37 (projects in another EEA State likely to have significant transboundary effects)—iin the heading, for “another” there were substituted “ an ”,iiin paragraph (1)—aathe words “other than the United Kingdom pursuant to Article 7(2) of the Directive” were omitted,bbthe words “, in accordance with Article 7(4) of the Directive” were omitted,ccin sub-paragraph (b), from “to the competent authority” to the end substitute “ representations to the competent authority in that EEA State ”,ein regulation 46 (access to review procedure before a court), at the end there were inserted “(and for such purpose Article 11(1)(b) is to be read as if the reference to “a Member State” were a reference to “Scotland”).”,fin schedule 1 (descriptions of development for the purposes of the definition of “Schedule 1 development”)—iin paragraph 21, after “pursuant to” there were inserted “ Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented ”,iiin paragraph 22, for “pursuant to the CCS Directive” there were substituted “ (pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented the CCS Directive) ”,gin schedule 2 (descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”), in item 3(j) in column 1 of the table, for “pursuant to the CCS Directive” there were substituted “ (pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented the CCS Directive) ”,hin schedule 3 (selection criteria for screening schedule 2 development)—iparagraph 2(c)(v) were read as if the references to “Member States” were references to “Scotland”,iiin paragraph 2(c)(vi) for “Community legislation” there were substituted “ retained EU law ”..11In schedule 1 (descriptions of development for the purposes of the definition of “schedule 1 development”)—ain paragraph 9—iafter “certain Directives” insert “ , as that Directive had effect immediately before IP completion day , ”,iiafter “of that Directive” insert “ , as it had effect immediately before IP completion day ”,bin paragraph 10 after Directive 2008/98/EC” insert “ , as that Directive had effect immediately before IP completion day , ”,cin paragraph 13 after “urban waste-water treatment” insert “ , as that Directive had effect immediately before IP completion day ”,din paragraph 22 after “pursuant to” insert “ Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented ”,ein paragraph 23 for “pursuant to the CCS Directive” insert “ (pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented the CCS Directive) ”.12In schedule 2 (descriptions of development and applicable thresholds and criteria for the purposes of the definition of “schedule 2 development”), in item 3(k) in column 1 of the table, for “pursuant to the CCS Directive” insert “ (pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented the CCS Directive) ”.13In schedule 3 (selection criteria for screening schedule 2 development), in paragraph 2(c)(vi), for “Union legislation” substitute “ retained EU law ”.14In schedule 4 (information for inclusion in environmental impact assessment reports)—ain paragraph 5—ifor “or Member State level” substitute “ level (as they had effect immediately before IP completion day) or United Kingdom level ",iiafter “those established under” insert “ the law of any part of the United Kingdom that implemented ”.bin paragraph 8—ifor “legislation of the European Union such as” substitute “ retained EU law such as any law that implemented ”,iiafter “requirements of” insert “ any law that implemented ”.Amendment of the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 201761The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 are amended as follows.2In regulation 2(1) (interpretation)—aat the end of the definition of “the Directive” add “, as it had effect immediately before IP completion day”,bafter the definition of “supplementary information” insert “ and ”,comit the definition of “Union legislation” and “and” immediately following it.3In regulation 4(3)(b) (environmental impact assessment), after “under” insert “ any law that implemented ”.4In regulation 6(6) (EIA development), for “, in accordance with Article 2(4) of the Directive (but without prejudice to Article 7 of the Directive),” substitute “ in exceptional cases ”.5In regulation 14(2)(b) (publication of EIA report), for “another” substitute “ an ”.6In regulation 22(2)(b) (monitoring measures)—afor “Union legislation” substitute “ retained EU law ”,bafter “requirements of” insert “ any law that implemented ”.7In regulation 29 (development in Scotland likely to have significant effects in an EEA state other than the United Kingdom)—ain the heading omit “other than the United Kingdom”,bin paragraph (1)(a) and (b), in each place it occurs, omit “other than the United Kingdom”,cin paragraph (3)(a) for “another” substitute “ an ”,din paragraph (5)(a) for “in accordance with Article 6(1) of the Directive and” substitute “ by the EEA State as authorities to be consulted and to ”,ein paragraph (6)—iomit “in accordance with Article 7(4) of the Directive”,iiin sub-paragraph (b) for “the other” substitute “ that ”.8In regulation 30 (projects in another EEA state likely to have significant transboundary effects)—ain the heading for “another” substitute “ an ”,bin paragraph (1)—iomit “other than the United Kingdom pursuant to Article 7(2) of the Directive”,iiomit “, in accordance with Article 7(4) of the Directive”,iiiin sub-paragraph (b), from “to the competent authority” to the end substitute “ representations to the competent authority in that EEA State ”.9In regulation 35 (access to review procedure before a court), at the end insert “(and for such purpose Article 11(1)(b) is to be read as if the reference to “ a Member State ” were a reference to “Scotland”).”.10In schedule 3 (selection criteria for screening schedule 2 development), in paragraph 2(c)(vi), for “Union legislation” substitute “ retained EU law ”.11In schedule 4 (information for inclusion in environmental impact assessment reports)—ain paragraph 5—ifor “or Member State level” substitute “ level (as they had effect immediately before IP completion day) or United Kingdom level",iiafter “those established under” insert “ the law of any part of the United Kingdom that implemented ”,bin paragraph 8—ifor “legislation of the European Union such as” substitute “ retained EU law such as any law that implemented ”,iiafter “requirements of” insert “ any law that implemented ”.KEVIN STEWART Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the fields of environmental protection, town and country planning, electricity works, and hazardous substances.

Regulation 2 amends the Town and Country Planning (Development Planning) (Scotland) Regulations 2008; Regulation 3 amends the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013; Regulation 4 amends the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015; Regulation 5 amends the Town and Country Planning (Environmental Impact Assessment) Regulations 2017; and Regulation 6 amends the Electricity Works (Environmental Impact Assessment) Regulations 2017. The amendments made by these Regulations ensure that references to the relevant European Union Directives are amended to be references to the relevant Directive as it had effect immediately before exit day. References to specific Articles of the relevant Directives, “Member States”, “Union Legislation” and other references which will become redundant or will no longer apply are updated.

No Business and Regulatory Impact Assessment has been prepared in relation to these Regulations, as no impact upon business, charities or voluntary bodies is foreseen.

2018 c.16.S.S.I. 2013/155; relevant amending instrument is S.S.I. 2015/181.S.S.I. 2015/181 to which there are amendments which are not relevant to these Regulations.S.S.I. 2017/102 as amended by S.S.I. 2017/168.2008 c.32.S.S.I. 2017/101, as amended by S.S.I. 2017/168 and S.S.I. 2017/451.Reg. 1 in force at 31.12.2020 on IP completion day, see reg. 1 (as amended by S.S.I. 2020/310, regs. 1, 2(2))Reg. 3 in force at 31.12.2020 on IP completion day, see reg. 1 (as amended by S.S.I. 2020/310, regs. 1, 2(2))Reg. 4 in force at 31.12.2020 on IP completion day, see reg. 1 (as amended by S.S.I. 2020/310, regs. 1, 2(2))Reg. 5 in force at 31.12.2020 on IP completion day, see reg. 1 (as amended by S.S.I. 2020/310, regs. 1, 2(2))Reg. 6 in force at 31.12.2020 on IP completion day, see reg. 1 (as amended by S.S.I. 2020/310, regs. 1, 2(2))Words in reg. 1 substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(2)Words in reg. 3(3)(a) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(4)Words in reg. 3(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(4)Words in reg. 4(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(5)Words in reg. 4(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(5)Words in reg. 4(9) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(5)Words in reg. 4(10) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(5)Words in reg. 4(11) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(5)Words in reg. 5(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(6)Words in reg. 5(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(6)Words in reg. 5(10)(c) substituted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Amendment Regulations 2019 (S.S.I. 2019/274), regs. 1, 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 5(10)(c) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(6)Words in reg. 5(11)(a) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(6)Words in reg. 5(11)(b) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(6)Words in reg. 5(11)(c) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(6)Words in reg. 5(14)(a) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(6)Word in reg. 5(14)(a)(i) inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Amendment Regulations 2019 (S.S.I. 2019/274), regs. 1, 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 6(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(7)Words in reg. 6(11)(a) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 2(7)Word in reg. 6(11)(a)(i) inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Amendment Regulations 2019 (S.S.I. 2019/274), regs. 1, 2(4); 2020 c. 1, Sch. 5 para. 1(1)Reg. 2 revoked (19.5.2023) by The Town and Country Planning (Development Planning) (Scotland) Regulations 2023 (S.S.I. 2023/101), reg. 1(1), sch. 4