The Control of Volatile Organic Compounds (Petrol Vapour Recovery) (Scotland) Regulations 2011

Made: 23rd November 2011

Laid before the Scottish Parliament: 25th November 2011

Coming into force: 31st December 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , and all other powers enabling them to do so.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Control of Volatile Organic Compounds (Petrol Vapour Recovery) (Scotland) Regulations 2011 and come into force on 31st December 2011.

• (2) These Regulations extend to Scotland only.

Amendment of the Prescribed Processes and Substances Regulations

2

• (1) The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 are amended as follows.

• (2) In schedule 1 (description of processes), Chapter 1 (fuel production processes, etc.), Section 1.4, omit Part B.

Amendment of the Applications, Appeals and Registers Regulations

3

• (1) The Environmental Protection (Applications, Appeals and Registers) Regulations 1991 are amended as follows.

• (2) In regulation 3 (variation of conditions), paragraph (3), sub-paragraph (iv), for “736 of the Companies Act 1985 ” substitute “ 1159 of the Companies Act 2006 ”.

• (3) In regulation 4 (consultation)—

• (a) in paragraph (1) omit “and except in the case of a prescribed process to which regulation 6A below applies,”;

• (b) omit paragraph (1A); and

• (c) omit paragraph (8).

• (4) In regulation 5 (advertisements), in paragraph (1) omit “and 6A”.

• (5) Omit regulation 6A (exemption for service stations).

Amendment of the Pollution Prevention and Control Regulations

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation

5

The Environmental Protection (Prescribed Processes and Substances Etc.) (Amendment) (Petrol Vapour Recovery) Regulations 1996 are revoked.

Signed

STEWART STEVENSON — Authorised to sign by the Scottish Ministers — 2011-11-23

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68. Section2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule8, paragraph15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section53 of the 1998 Act.

[^f00002]: S.I.1991/472, as relevantly amended by S.I.1993/1749 and 2405, type=start slip=2012-03-01 time=13325135635981996/2678type=end slip=2012-03-01 time=1332513563598 and 3247, and 1998/767, and by S.S.I.2000/323, 2004/26 and 512, and type=start slip=2012-03-01 time=13325135776452005/510type=end slip=2012-03-01 time=1332513577645.

[^f00003]: S.I.1991/507, as relevantly amended by S.I.1996/667 and 2678.

[^f00004]: 1985 c.6.

[^f00005]: 2006 c.46.

[^f00006]: S.S.I. 2000/323, as amended by paragraph 7 of Part 2 of schedule 1 to the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), by S.I. 2007/2325, and by S.S.I. 2002/493, 2003/146, 170, 221 and 235, 2004/26, 110, 112 and 512, 2005/101, 340 and 510, 2006/127, 2008/410, 2009/247 and 336, 2010/236 and 2011/171, 226 and 285.

[^f00007]: OJ No L 365, 31.12.1994, p.24, as amended by Regulation (EC) No. 1882/2003 (OJ No L 284, 31.10.2003, p.1) and Regulation (EC) No. 1137/2008 (OJ No L 311, 31.11.2008, p.1).

[^f00008]: OJ No L 285, 31.10.2009, p.36.

[^f00009]: S.I. 1996/2678; relevantly amended by S.S.I. 2004/512.

Editorial notes

[^c21118061]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

[^c21118071]: S.I. 1991/472, as relevantly amended by S.I. 1993/1749 and 2405, 1996/2678 and 3247, and 1998/767, and by S.S.I. 2000/323, 2004/26 and 512, and 2005/510.

[^c21118081]: S.I. 1991/507, as relevantly amended by S.I. 1996/667 and 2678.

[^c21118091]: 1985 c.6.

[^c21118101]: 2006 c.46.

[^c21118141]: S.I. 1996/2678; relevantly amended by S.S.I. 2004/512.

[^key-1d5fde23f0c8897fb9d47036e3078f57]: Reg. 4 revoked (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360), reg. 1(2), sch. 12 (with reg. 71)