Pollution Prevention and Control (Scotland) Regulations 2000

JurisdictionScotland
CitationSSI 2000/323
SCOTTISH STATUTORY INSTRUMENTS
2000 No. 323
ENVIRONMENTAL PROTECTION
The Pollution Prevention and Control (Scotland) Regulations
2000
Made 14th September 2000
Coming into force in accordance with regulation 1(1)
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
1. Citation, commencement and extent
2. Interpretation : general
3. Interpretation : best available techniques
4. Fit and proper person
5. Applications and duties of SEPA in relation to best available tech niques
PART II
PERMITS
6. Requirement for permit to operate installation and mobile plant
7. Permits : general provisions
8. Conditions of permits : general principles
9. Conditions of permits : specific requirements
10. General binding rule s
11. Review of conditions of permits
12. Proposed change in the operation of an installation
13. Variation of permits
14. Transfer of permits
15. Application to surrender a permit for a Part A installation or Part A mobile plant
16. Notification of surrender of a permit for a Part B installation or Part B mobile plant
17. Revocation of permits
2
PART III
ENFORCEMENT
18. Duty of SEPA to ensure compliance with conditions
19. Enforcement notices
20. Suspension notices
21. Power of SEPA to prevent or rem edy pollution
PART IV
APPEALS
22. Appeals to the Scottish Minister s
PART V
POWERS OF THE SCOTTISH MINISTERS
23. Directions to SEPA
24. Guidance to SEPA
25. Plans relating to emissions
PART VI
INFORMATION AND PUBLICITY
26. Information
27. Public register of information
28. Exclusion from the register of information affecting national security
29. Exclusion from the register of certain confidential information
PART VII
PROVISION AS TO OFFENCES
30. Offences
31. Enforcement by the Courts
32. Admissability of evidence
33. Power of court to order cau se of offence to be remedied
PART VIII
GENERAL
34. Application to the Crown
35. Notices
36. Consequential amendments
SCHEDULES
Schedule 1 Activities and installations and mobile plant
Schedule 2 Best available techniques
3
Schedule 3 Prescribed dates and transitional ar rangements
Schedule 4 Grant of permits
Schedule 5 Pollutants
Schedule 6 Compensation in relation to off-site conditions
Schedule 7 Variation of conditions
Schedule 8 Procedures in connection with appeals to the Scottish Ministers
Schedule 9 Registers
Schedule 10 Consequential amendments
The Scottish Ministers, in exercise of the powers conferred upon them by section 2 of and
Schedule 1 to the Pollution Prevention and Control Act 1999(a) and of all other powers enabling
them in that behalf, having carried out consultation, as required by section 2(4) of that Act, hereby
make the following Regulations, being the first to be made thereunder which apply in relation to
Scotland, a draft of which has, in accordance with section 2(8) and (9)(c) of that Act, been laid
before, and approved by resolution of the Scottish Parliament:
PART I
GENERAL
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Pollution Prevention and Control (Scotland)
Regulations 2000 and shall come into force on the fourteenth day after the date on which they are
made.
(2) These Regulations extend to Scotland only.
Interpretation : general
2.—(1) In these Regulations–
“change in operation” means, in relation to an installation or mobile plant, a change in the
nature or functioning or an extension of the installation or mobile plant which may have
consequences for the environment; and “substantial change in operation” means, in relation to
an installation or mobile plant, a change in operation of the installation which, in the opinion
of the SEPA, may have significa nt negative effects on human beings or the environm ent;
“the Directive” means Council Directive 96/61/EC concerning integrated pollution
prevention and contr ol(b);
“emission” means–
(a) in relation to Part A installations, the direct or indirect release of substances,
vibrations, heat or noise from individual or diffuse sources in an installation into the
air, water or land;
(b) in relation to Part B installations, the direct release of substances or heat from
individual or diffuse sources in an installation into the air;
(c) in relation to Part A mobile plant, the direct or indirect release of substances,
vibrations, heat or noise from the mobile plant into the air, water or land;
(d) in relation to Part B mobile plant, the direct release of substances or heat from the
mobile plant into the air,
and references to emissions in the definitions of “emission limit value”, “pollution” and
“pollutant” shall be construed accordingly for the purpose of the application of those
definitions in relation to Part A and Part B installations and Part A and B mobile plant;
“emission limit value” means the mass, expressed in terms of specific parameters,
concentration or level of an emission, which may not be exceeded during one or more periods
of time;
———————————————————————————————————————
(a) 1999 c.24. 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 said Act of 1999.
(b) O.J. No. L 257, 10.10.96, p.26.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT