The Environmental Regulation (Relevant Offences) (Scotland) Order 2014

JurisdictionScotland
CitationSSI 2014/319

2014No. 319

ENVIRONMENTAL PROTECTION

The Environmental Regulation (Relevant Offences) (Scotland) Order 2014

19thNovember2014

21stNovember2014

31stDecember2014

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 53 and 58(1)(a) of the Regulatory Reform (Scotland) Act 2014( 1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1. (1) This Order may be cited as the Environmental Regulation (Relevant Offences) (Scotland) Order 2014 and comes into force on 31st December 2014.

(2) In this Order, "the Act" means the Regulatory Reform (Scotland) Act 2014.

Relevant offences

2. (1) For the purposes of section 34 of the Act (compensation orders against persons convicted of relevant offences), "relevant offence" means an offence specified in Schedule 1.

(2) For the purposes of section 35 of the Act (fines for relevant offences: court to consider financial benefits), "relevant offence" means an offence specified in Schedule 2.

(3) For the purposes of section 36 of the Act (power to order conviction etc. for offence to be publicised), "relevant offence" means an offence specified in Schedule 3.

(4) For the purposes of section 38 (vicarious liability for certain offences by employees and agents) and section 39 (liability where activity carried out by arrangement with another) of the Act, "relevant offence" means an offence specified in Schedule 4.

(5) In the Schedules to this Order, any reference to an offence includes a reference to an attempt, conspiracy or incitement to commit that offence.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

19th November 2014

SCHEDULE 1

Article 2(1)

Relevant Offences for the Purposes of Section 34 of the Act (compensation orders against persons convicted of relevant offences)

The Sludge (Use in Agriculture) Regulations 1989

1. An offence under regulation 9 of the Sludge (Use in Agriculture) Regulations 1989( 2) (offences in relation to the use of sludge on agricultural land).

The Environmental Protection Act 1990

2. An offence under any of the following provisions of the Environmental Protection Act 1990( 3)-

(a) section 33(6) (unauthorised or harmful depositing, treatment or disposal etc. of waste; breaching conditions of a waste management licence)( 4);(b) section 59(5) (failure to comply with a notice requiring removal of waste);(c) section 63(2) (offences in relation to depositing waste other than controlled waste);(d) section 78M(1) (failure to comply with a remediation notice)( 5).

The Radioactive Substances Act 1993

3. An offence under section 32(1) of the Radioactive Substances Act 1993 (offences relating to registration or authorisation)( 6).

The Criminal Procedure (Scotland) Act 1995

4. An offence under section 293(2) of the Criminal Procedure (Scotland) Act 1995( 7) (statutory offences: art and part and aiding and abetting) as it applies in relation to any other offence listed in this Schedule.

The Special Waste Regulations 1996

5. An offence under regulation 18(1) of the Special Waste Regulations 1996( 8) (failure to comply with any obligation or requirement under the Regulations).

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000

6. An offence under any of the following provisions of the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000( 9)-

(a) regulation 13(1) (holding contaminated equipment without registration);(b) regulation 13(2) (offences relating to the holding, disposing and decontaminating of equipment).

The Landfill (Scotland) Regulations 2003

7. An offence under regulation 19(1) of the Landfill (Scotland) Regulations 2003( 10) (landfill operators breaching certain prohibitions, criteria and requirements).

The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003

8. An offence under regulation 11 of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003( 11) (offences relating to the control and storage of silage and slurry).

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007

9. An offence under any of the following provisions of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007( 12)-

(a) regulation 40(1) (breaching the producer registration obligation, the producer recovery and recycling obligations, or the certifying obligation);(b) regulation 40(3) (breaching operator recovery and recycling obligations);(c) regulation 40(4) (contravening requirements or conditions of accreditation);(d) regulation 40(5) (false or misleading information);(e) regulation 40(6) (failure to comply with notice requirements);(f) regulation 40(8) (holding companies).

The Environmental Liability (Scotland) Regulations 2009

10. An offence under either of the following provisions of the Environmental Liability (Scotland) Regulations 2009( 13)-

(a) regulation 10(6) (failure by operator to take preventive measures, etc.);(b) regulation 12(5) (failure by operator to take remedial action, etc.).

The Water Environment (Controlled Activities) (Scotland) Regulations 2011

11. An offence under any of the following provisions of the Water Environment (Controlled Activities) (Scotland) Regulations 2011( 14)-

(a) regulation 44(1)(a) (breaching prohibition on unauthorised controlled activity);(b) regulation 44(1)(b) (failure to comply with a general binding rule);(c) regulation 44(1)(c) (failure to comply with a registration);(d) regulation 44(1)(d) (failure to comply with a water use licence);(e) regulation 44(1)(j) (failure to comply with an enforcement notice).

The Reservoirs (Scotland) Act 2011

12. An offence under any of the following provisions of the Reservoirs (Scotland) Act 2011( 15)-

(a) section 42(1)(d) (failure to comply with direction as to taking of safety measure in safety report);(b) section 52(1)(c) (failure to comply with direction as to taking of measure in inspection report);(c) section 52(1)(g) (failure to comply with notice of identification of thing which might affect the safety of the reservoir);(d) section 70(1) (failure to comply with enforcement notice).

The Pollution Prevention and Control (Scotland) Regulations 2012

13. An offence under any of the following provisions of the Pollution Prevention and Control (Scotland) Regulations 2012( 16)-

(a) regulation 67(1)(a) (contravention of permit requirements);(b) regulation 67(1)(b) (failure to comply with conditions of a permit);(c) regulation 67(1)(d) (failure to comply with an enforcement notice, suspension notice or closure notice);(d) regulation 67(1)(j) (failure to comply with a court order to remedy the offence).

The Regulatory Reform (Scotland) Act 2014

14. An offence under either of the following provisions of the Regulatory Reform (Scotland) Act 2014( 17)-

(a) section 40(1) (causing significant environmental harm etc.);(b) section 41(7) (failure to comply with remediation order).

SCHEDULE 2

Article 2(2)

Relevant Offences for the Purposes of Section 35 (fines: court to consider financial benefits)

The Wildlife and Countryside Act 1981

1. An offence under section 14K of the Wildlife and Countryside Act 1981( 18) (offences in relation to species control orders).

The Sludge (Use in Agriculture) Regulations 1989

2. An offence under regulation 9 of the Sludge (Use in Agriculture) Regulations 1989( 19) (offences in relation to the use of sludge on agricultural land).

The Control of Pollution (Amendment) Act 1989

3. An offence under any of the following provisions of the Control of Pollution (Amendment) Act 1989( 20)-

(a) section 1(1) (transporting controlled waste without registering)( 21);(b) section 5(4)(b) (failure to comply with requirements imposed in exercise of enforcement powers)( 22);(c) section 7(3) (failure to provide information)( 23).

The Environmental Protection Act 1990

4. An offence under any of the following provisions of the Environmental Protection Act 1990( 24)-

(a) section 33(6) (unauthorised or harmful depositing, treatment or disposal etc. of waste; breaching conditions of a waste management licence)( 25);(b) section 34(6) (failure to comply with duty of care requirements)( 26);(c) section 35(7B) (waste management licences: false entry in records, and forgery of licences etc.)( 27);(d) section 38(10) or (11) (failure to comply with measures required following suspension of licence);(e) section 44(1) or (2) (making false or misleading statements or false entries)( 28);(f) section 59(5) (failure to comply with notice requiring removal of waste);(g) section 63(2) (offences in relation to depositing waste other than controlled waste);(h) section 71(3) (failure to comply with information notice)( 29);(i) section 78M(1) (failure to comply with a remediation notice)( 30).

The Radioactive Substances Act 1993

5. An offence under any of the following provisions of the Radioactive Substances Act 1993( 31)-

(a) section 32(1) (offences relating to registration or authorisation)( 32);(b) section 33(3) (failure to comply with requirements relating to site or disposal records);(c) section 34A(1) or (2) (offences of making false or misleading statements or false entries)( 33).

The Environment Act 1995

6. An offence under either of the following provisions of the Environment Act 1995( 34)-

(a) section 27(3) (offences relating to information notices)( 35);(b) section 110(2)(a) (failure to comply with a requirement imposed under enforcement powers)( 36).

The Criminal Procedure (Scotland) Act 1995

7. An offence under section 293(2) of the Criminal Procedure (Scotland) Act 1995( 37) (statutory offences: art and part and aiding and abetting) as it applies in relation to any other offence listed in this Schedule.

The Special Waste Regulations 1996

8. An offence under any of...

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