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The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Amendment Regulations 2021

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This SSI has been made in consequence of a defect in S.S.I. 2021/354 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2021 No. 383

Exiting The European Union

Environmental Protection

The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Amendment Regulations 2021

Made

29th October 2021

Laid before the Scottish Parliament

2nd November 2021

Coming into force

30th November 2021

The 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(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Amendment Regulations 2021 and come into force on 30 November 2021.

Amendment of the Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021

2.—(1) The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021(2) are amended in accordance with paragraph (2).

(2) For regulation 8 (amendment of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011) substitute—

8.  In paragraph 5(2) (interpretation) of schedule 1 (provisions to be included in a licence), after “Regulation (EC) No 1013/2006” insert “as that Directive had effect immediately before IP completion day”..

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

29th October 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c. 16). They correct an error in the Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/354) (“the 2021 Regulations”). Regulation 2 amends regulation 8 of the 2021 Regulations.

The 2021 Regulations make amendments to legislation concerning the licensing regime for the geological storage of carbon dioxide. Those amendments 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.

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.

(1)

2018 c. 16, to which there are amendments not relevant to these Regulations.

(2)

S.S.I. 2021/354 which comes into force on 1 December 2021.

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