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The Environmental Authorisations (Scotland) Regulations 2018

Type Scottish-Statutory-Instrument

Publication 2018-06-28

Last updated 2025-11-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Consolidation of permits and registrations

64

(1) Paragraph (2) applies where an authorised person holds more than one non-consolidated authorisation.

(2) SEPA may replace the non-consolidated authorisations at any time with a single authorisation (“a consolidated authorisation”) in accordance with paragraph (3).

(3) Where the non-consolidated authorisations consist of—

(a) permits only, SEPA may replace the permits with a consolidated permit;

(b) registrations only, SEPA may replace the registrations with a consolidated registration;

(c) a combination of permits and registrations, SEPA may replace the non-consolidated authorisations with a consolidated permit.

(4) SEPA may replace a non-consolidated authorisation which has been—

(a) varied;

(b) partially transferred;

(d) partially surrendered,

with a consolidated authorisation.

(5) Subject to paragraph (6), a consolidated authorisation is subject to the same conditions as the non-consolidated authorisations or the non-consolidated authorisation.

(6) SEPA may vary a consolidated authorisation as it thinks fit to take account of the consolidation.

(7) Where SEPA varies a consolidated authorisation in accordance with paragraph (6)—

(a) schedules 1 and 2 apply to the variation; and

(b) where the consolidated authorisation is a permit, paragraphs 7 and 8 of schedule 1 (public participation and the duty to consider representations) apply as if the variation were an application for variation of a permit.

(8) SEPA may replace a non-consolidated authorisation with a consolidated authorisation under paragraph (2) or (4) either on the application of the authorised person (“an application for consolidation”) or on its own initiative (“a SEPA initiated consolidation”).

(9) An application made under this regulation must be—

(a) made in writing and in such form as SEPA may from time to time require; and

(b) accompanied by any fee payable in accordance with a charging scheme.

(9A) Where SEPA carries out a SEPA initiated consolidation under paragraph (2) or (4), any fee payable under a charging scheme for that consolidation is payable by the authorised person.

(10) SEPA must grant or refuse an application made under this regulation and notify the applicant of its decision in accordance with regulation 65.

Communication of consolidation

65

Where SEPA makes a determination to replace an non-consolidated authorisation with a consolidated authorisation under regulation 64(2) or (4), SEPA must, as soon as is reasonably practicable after it makes that determination, notify the authorised person of—

(a) its determination (including the reasons for it);

(b) the non-consolidated authorisation or non-consolidated authorisations affected;

(c) any variation of the non-consolidated authorisation or non-consolidated authorisations resulting from the determination;

(d) the date from which the consolidated authorisation is to have effect;

(e) the rights of appeal the authorised person has under regulation 55.

PART 14 — SEPA– guidance and public participation statement

SEPA guidance

66

(1) SEPA must publish guidance about—

(a) which activities are subject to a requirement to notify;

(b) which activities subject to a requirement to notify must also be carried on in accordance with general binding rules;

(d) which activities SEPA is likely to require to be authorised by means of permit; and

(e) the criteria which SEPA will apply in determining whether a person is a fit and proper person.

(2) SEPA may publish guidance about the exercise of any other functions it has under these Regulations as it thinks fit.

(3) SEPA may from time to time revise guidance published under this regulation.

(4) SEPA must consult such persons as it thinks fit before publishing or revising guidance under paragraph (1).

(5) The duty in paragraph (4) may be treated as satisfied by a consultation carried out partially or wholly before the coming into force of these Regulations.

(6) SEPA must have regard to the guidance published under paragraph (1)(a) to (d) when—

(a) determining an application;

(b) imposing an authorisation under regulation 60; and

(7) When carrying out a relevant function which requires SEPA to determine whether a person is a fit and proper person, SEPA must have regard to the guidance published under paragraph (1)(e).

SEPA's public participation statement

67

(1) SEPA must publish a statement of its policies for exercising its public participation functions (the “public participation statement”).

(2) “Public participation functions” means the duties and functions in the following provisions—

(a) regulation 34 (consultation on standard conditions); ...

(aa) paragraph 1A of schedule 1 (pre-application community engagement), and

(b) paragraph 8 of schedule 1 (consultation on an application for permits etc.).

(3) SEPA must have regard to its public participation statement when exercising its public participation functions.

(4) In preparing or revising the public participation statement SEPA must consult such persons as SEPA considers appropriate.

(5) The duty in paragraph (4) may be treated as satisfied by a consultation carried out partially or wholly before the coming into force of these Regulations.

(6) SEPA must—

(a) keep the public participation statement under review;

(b) revise the public participation statement when it considers necessary; and

SEPA guidance – fit and proper person

68

(1) When SEPA prepares and publishes guidance under regulation 66(1)(e) about the criteria which apply in determining whether a person is a fit and proper person—

(a) the criteria which must apply include whether the person is likely to comply or secure compliance with the conditions of the authorisation which apply, or would apply, to the carrying on of the activity;

(b) the criteria that may apply include—

(i) whether the person or a relevant associate has been convicted of a relevant offence;

(ii) the significance of the offence;

(iii) whether the activity will be carried on by someone who is technically competent;

(iv) whether the person has made adequate financial provision to protect against any foreseeable or potential environmental harm or effect on the environment likely to result from the activity; and

(v) criteria relating to such other matters as SEPA thinks fit.

(2) In this regulation, “relevant associate” includes—

(a) any body corporate of which the person whose status as a fit and proper person is being considered is or has been a director, manager, secretary or other similar officer;

(b) any partnership (other than a limited liability partnership) of which the person whose status as a fit and proper person is being considered is, or has been, a partner;

(c) any limited liability partnership of which the person whose status as a fit and proper person is being considered is, or has been, a member;

(d) where the person whose status as a fit and proper person is being considered is a partnership (other than a limited liability partnership), a partner or former partner;

(e) where the person whose status as a fit and proper person is being considered is a limited liability partnership, a member or former member;

(f) where the person whose status as a fit and proper person is being considered is a body corporate—

(i) a current or former director, manager, secretary or other similar officer;

(ii) any other body corporate of which a director, manager, secretary or other similar officer of the person is or has been a director, manager, secretary or other similar officer; and

(iii) any person who is a member of that body corporate;

(g) where the person whose status as a fit and proper person is being considered is an unincorporated association, any officer of the association;

(h) an employee of—

(i) the person whose status as a fit and proper person is being considered;

(ii) a partnership (other than a limited liability partnership) of which the person is or has been a partner;

(iii) a limited liability partnership of which the person is or has been a member;

(iv) a body corporate of which the person is or was a director, manager, secretary or other officer; and

(i) such other persons, or classes of person, as SEPA thinks fit.

(3) In this regulation, “relevant offence” means an offence which SEPA considers to be relevant to the criteria referred to in paragraph (1)(a).

PART 15 — Provisions relating to offences

Offences

69

(1) A person commits an offence if the person—

(a) contravenes regulation 7;

(b) is an authorised person and fails to comply with regulation 8;

(d) fails to comply with or contravenes a condition of a registration;

(e) fails to comply with or contravenes a condition of a permit;

(f) fails to comply with the requirements of a regulatory notice;

(g) fails to comply with the requirements of a revocation notice;

(h) fails to comply, without reasonable excuse, with the requirements of a notice issued under regulation 37(1) (power to require provision of information);

(i) fails to comply with an order made by a court under regulation 75;

(j) makes a statement which that person knows to be false or misleading in a material particular, or recklessly makes a statement which is false or misleading in a material particular, if the statement is made—

(i) in purported compliance with a requirement by an enforcing officer in exercise of that officer's powers or duties;

(ii) in purported compliance with a requirement imposed by or under these Regulations; or

(iii) for the purpose of obtaining an authorisation, or securing the variation, transfer or surrender of an authorisation;

(k) intentionally makes a false entry in any record required to be kept—

(i) as a condition of an authorisation; or

(ii) in compliance with a requirement imposed by or under these Regulations;

(l) with intent to deceive, forges or uses an authorisation or a document issued or authorised to be issued under a condition of a registration or permit or required for any purpose under a condition of such a registration or permit or makes or possesses a document so closely resembling any such authorisation or document so as to be likely to deceive; or

(la) knowingly causes false information or, information falsely purporting to be a copy or reproduction of information, to be contained in the register required to be maintained by SEPA under regulation 38 of these Regulations.

(m) causes or permits any other person to commit an offence under sub-paragraphs (a) to (k).

(2) A person commits an offence if the person—

(a) refuses, wilfully neglects, or fails without reasonable excuse to attend a hearing which they are required to attend by a notice under paragraph 23 of schedule 4 to give evidence;

(b) wilfully alters, suppresses, conceals, destroys or refuses to produce any book or other document which the person is required, or is liable to be required, to produce by a notice under paragraph 23 of schedule 4; or

(3) A person who commits an offence under paragraph (1) is liable—

(a) on summary conviction—

(i) to a fine not exceeding £40,000 or to imprisonment for a term not exceeding 12 months, or to both; and

(ii) in the case of a continuing offence, to a further fine not exceeding £250 for every day during which the offence is continued after conviction;

(b) on conviction on indictment—

(i) to a fine or to imprisonment for a term not exceeding 5 years, or to both; and

(ii) in the case of a continuing offence to a further fine not exceeding £1,000 for every day during which the offence is continued after conviction.

(4) A person who commits an offence under paragraph (2) is liable on summary conviction to a fine not exceeding level 2 on the standard scale or to imprisonment for a term not exceeding three months, or to both.

Offences by bodies corporate

70

(1) Where—

(a) an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other unincorporated association; and

(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i) a relevant individual; or

(ii) an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, Scottish partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.

(2) In paragraph (1), “relevant individual” means—

(a) in relation to a body corporate—

(i) a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity;

(ii) where the affairs of the body are managed by its members, a member;

(b) in relation to a Scottish partnership, a partner;

(c) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

Offences — acts or default of third person

71

Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings for the offence are taken against the first-mentioned person.

Offences – more than one authorised person

72

Where there is more than one person who is the authorised person in relation to an activity—

(a) each person is jointly and severally liable for acts or omissions arising in respect of the activity during the period in which that person is authorised; and

(b) each person may be charged with and convicted of an offence under these Regulations whether or not proceedings for the offence are taken against any of the other persons who are authorised in relation to the activity.

Offences – defences

73

(1) A person does not commit an offence under regulation 69(1)(a) to (e) or (m) where all of the following apply—

(a) either—

(i) the contravention, failure or (as the case may be) causing or permitting was necessary to avoid, prevent or limit an imminent risk of serious harm to human health in circumstances which are the result of natural causes which are exceptional and could not reasonably have been foreseen; or

(ii) the person was acting in their capacity as a Category 1 responder or a Category 2 responder and the contravention was necessary to protect people, the environment or property from the imminent risk of serious harm;

(b) the person has taken all practicable steps to minimise environmental harm;

(c) the person has taken all practicable steps as soon as was reasonably practicable to restore the environment to its condition prior to the contravention, failure or (as the case may be) causing or permitting; and

(d) the person provided particulars of the contravention, failure or (as the case may be) causing or permitting to SEPA as soon as practicable after it occurs.

(2) In this regulation, “Category 1 responder” and “Category 2 responder” have the same meanings as in section 3 of the Civil Contingencies Act 2004 .

Admissibility of evidence

74

(1) Where—

(a) by virtue of a condition of an authorisation, an entry is required to be made in any record as to the observance of any condition of the authorisation; and

(b) the entry has not been made,

that fact is admissible as evidence that that condition has not been observed.

(2) Information provided or obtained pursuant to or by virtue of a condition of an authorisation including information so provided, obtained or recorded, by means of any apparatus, is admissible in evidence in any proceedings, whether against the person subject to the condition, or any other person.

(3) For the purposes of paragraph (2), apparatus is presumed in any proceedings to register or record accurately, unless the contrary is shown, or the authorisation otherwise provides.

Power of court to order offence to be remedied

75

(1) If—

(a) a person is convicted of an offence under regulation 69(1)(a) to (l) in respect of any regulated activity which has resulted in environmental harm; and

(b) it appears to the court that it is in the power of that person to mitigate or remedy that harm,

the court may, in addition to or instead of imposing any punishment, order the person, within such time as may be fixed by the order of the court, to take such steps as may be specified in the order to remedy or mitigate the harm.

(2) Before making such an order, the court must have regard to any representations by SEPA as to the steps required to remedy or mitigate the environmental harm.

(3) The time fixed by an order of the court under paragraph (1) may be extended or further extended by a further order of the court on an application made before the end of the time originally fixed or extended under this paragraph, as the case may be.

(4) Where a person is ordered under paragraph (1) to remedy any matter, the person is not liable under regulation 69 in respect of the matter if it continues during the time fixed by the order of the court or any further time allowed under paragraph (3).

PART 16 — Duties and functions of the Scottish Ministers

Guidance to SEPA

76

(1) The Scottish Ministers may issue guidance to SEPA with respect to the carrying out of its functions under these Regulations, and SEPA must have regard to any guidance issued by the Scottish Ministers under this regulation.

(2) The Scottish Ministers may give guidance to SEPA under paragraph (1) only after consultation with SEPA.

Application of the Regulations to SEPA

77

If SEPA is in control, or intends to be in control, of the carrying on of a regulated activity, SEPA must comply with guidance issued by the Scottish Ministers in that regard.

PART 17 — Miscellaneous

Crown application

78

(1) Subject to the provisions of this regulation, these Regulations bind the Crown.

(2) Paragraph (1) does not apply in relation to a radioactive substances activity carried on at premises—

(a) occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence; or

(b) occupied by or for the purposes of a visiting force.

(3) No contravention by the Crown of any provision of these Regulations makes the Crown criminally liable.

(4) But—

(a) the Court of Session may, on the application of the Scottish Ministers or SEPA, declare unlawful any act or omission of the Crown which constitutes such a contravention;

(b) these Regulations apply to persons in the public service of the Crown as they apply to other persons; and

(c) paragraph (3) does not affect the liability of the Crown to any civil penalties or other civil enforcement measures arising from such a contravention.

(5) For the purposes of these Regulations, persons in the service of the Crown are to be treated as employees of the Crown (whether or not they would be so treated apart from this paragraph).

(6) Nothing in this regulation authorises proceedings to be brought against Her Majesty in her private capacity (within the meaning of the Crown Proceedings Act 1947 ).

(7) The following persons are treated as if they were the authorised person for the purpose of any notice served or given or any proceedings instituted in relation to a regulated activity carried on by any person acting on behalf of the Royal Household, the Duchy of Lancaster or the Duke of Cornwall or other possessor of the Duchy of Cornwall—

(a) in relation to an activity carried on by a person acting on behalf of the Royal Household, the Keeper of the Privy Purse;

(b) in relation to an activity carried on by a person acting on behalf of the Duchy of Lancaster, such person as the Chancellor of the Duchy appoints in relation to that activity;

(c) in relation to an activity carried on by a person acting on behalf of the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints in relation to that activity.

(8) In this regulation, “visiting force” means any such body, contingent, or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952 .

Transitional and savings provisions

79

Schedule 5 has effect.

Consequential amendments

80

Schedule 6 has effect.

Repeals and revocations

81

Schedule 7 has effect.

SCHEDULE 1 — REGISTRATIONS AND PERMITS: PROCEDURES

PART 1 — General provisions

Form of application

1

An application under these Regulations must be in writing and in such form as SEPA may from time to time require.

Accompanying information

2

(1) An application must be accompanied by—

(a) any fee payable under a charging scheme;

(b) any information required by virtue of the technical schedule;

(ca) any information relating to pre-application community engagement required by SEPA under paragraph 1A and

(2) SEPA may decline to accept an application where SEPA considers any one or more of the requirements in sub-paragraph (1) are not met.

(3) Where SEPA declines to accept an application—

(a) it must inform the applicant in writing;

(b) the applicant is entitled to a refund of the fee which accompanied the application or such part of the fee as is specified in a charging scheme; and

Withdrawing an application

3

(1) An application may be withdrawn by the applicant before it is determined.

(2) Where an application is withdrawn the applicant is not entitled to the refund of any fee which accompanied it.

Modifying an application

4

(1) An application may be modified by the applicant before it is determined if SEPA agrees in writing to the modification.

(2) Where an application is modified by the applicant, any fee payable under a charging scheme for the modification of an application is payable by the applicant.

Notifications relating to certain applications

5

(1) This sub-paragraph applies where SEPA receives an application for a—

(a) permit;

(b) transfer of a permit;

(d) surrender of a permit; or

(e) transfer of a revocation notice.

(2) Where sub-paragraph (1) applies, SEPA must notify the applicant of—

(a) the determination period that applies in respect of the application;

(b) any consultation that is required by virtue of paragraphs 7 and 8 of this schedule (including details of the consultation period); and

Further information in respect of an application

6

(1) This paragraph applies where SEPA receives an application for—

(a) a permit;

(b) the transfer, variation or surrender of a permit;

(d) the transfer, variation or surrender of a registration.

(2) Where SEPA considers that it requires further information to determine an application, it may serve a notice on the applicant specifying the further information and the period within which it must be provided.

(3) Where the applicant fails to provide the information in accordance with the notice, SEPA may by further notice deem the application to be withdrawn.

(4) Where an application is deemed to be withdrawn, the applicant is not entitled to the refund of any fee which accompanied it.

(5) SEPA may carry out such examination and investigation as it considers necessary to allow it to make a determination in respect of the application.

Public Consultation: scope

7

(1) Paragraph 8 applies to any application for a—

(a) permit;

(b) variation of a permit; or

where any of the criteria in sub-paragraph (3) is met.

(2) Paragraph 8 applies to a SEPA initiated variation of a permit where any of the criteria in sub-paragraph (3) is met.

(3) The criteria are—

(a) consultation is required by the technical schedule;

(b) the permit or variation, where granted, will authorise for the first time, a regulated activity which is likely to cause significant environmental harm;

Public consultation requirements

8

(1) Subject to sub-paragraphs (2) and (3), if this paragraph applies SEPA must ensure that—

(a) the application or proposed SEPA initiated variation is publicised in such manner as SEPA thinks fit;

(b) public consultees are invited to make representations;

(c) the address to which and period within which such representations may be made is specified to the public consultees; and

(d) copies of the application or proposed SEPA initiated variation are made available to the public for such period, being a period of at least 28 days, as SEPA may determine (“the consultation period”).

(e) the times and places where, or the means by which, public consultees may access copies of the application, proposed SEPA initiated variation and any other relevant information required to be publicised.

(2) In fulfilling the duties in sub-paragraph (1)..., SEPA may require the applicant or authorised person to take such steps as SEPA considers appropriate.

(3) Where the applicant fails to take the steps required by SEPA, SEPA may by ... notice deem the application to be withdrawn.

(4) Where an application is deemed to be withdrawn under sub-paragraph (3), the applicant is not entitled to the refund of any fee which accompanied it.

(5) Where an authorised person fails to take the steps required by SEPA in the case of a SEPA initiated variation, SEPA may take those steps and may recover the costs it reasonably incurs in doing so from that person.

(6) SEPA must consider all representations made in connection with an application or SEPA initiated variation which are received during the consultation period.

(7) SEPA must not inform the public consultees of information which is to be excluded from the register in the interests of national security or commercial confidentiality unless the Scottish Ministers direct that it must do so.

(8) In this paragraph, “public consultee” means—

(a) a person whom SEPA considers is affected by, is likely to be affected by, the application;

(b) a statutory body—

(i) required to be consulted by SEPA in terms of the technical schedule; or

(ii) whom SEPA thinks fit to consult.

Duty to determine an application

9

(1) SEPA must grant or refuse (in whole or in part) an application.

(2) SEPA must notify the applicant of its determination and, where the application is refused, provide—

(a) grounds for the refusal; and

(b) details of any right of appeal.

Time limits for determining applications

10

(1) Where—

(a) SEPA fails to determine an application within the determination period; and

(b) the applicant serves notice on SEPA that the applicant wishes the failure to be treated as a refusal,

the application is deemed to have been refused on the day on which the notice is served.

(2) SEPA may determine an application after the end of the determination period unless the application has been deemed refused in accordance with sub-paragraph (1).

(3) In this paragraph, “the determination period” means—

(a) for an application for—

(i) registration;

(ii) variation of a registration;

(iii) transfer of a registration;

(iv) surrender of a registration; or

(v) transfer of a revocation notice relating to a registration,

the period of 28 days beginning with the date on which SEPA receives an application;

(b) for an application for—

(i) transfer of a permit; or

(ii) transfer of a revocation notice relating to a permit,

the period of two months beginning with the date on which SEPA receives the application, or such longer period as may be agreed with the applicant in writing;

(i) a permit;

(ii) the variation of a permit; or

(iii) the surrender of a permit,

the period of four months beginning with the date on which SEPA receives the application, or such longer period as may be agreed with the applicant in writing.

Extension of determination periods

11

(1) Subject to sub-paragraph (2), any determination period may be extended by agreement in writing between SEPA and the applicant.

(2) The determination periods specified in paragraph 10(3)(a) cannot be extended.

Calculating the determination period

12

(1) In calculating the determination periods specified in paragraph 10, or extended under paragraph 11, the following periods are not counted—

(a) any period during which an application for commercial confidentiality under regulation 41 is being considered;

(b) any period during which an appeal under regulation 55(1)(o) against a decision not to exclude information on the grounds of commercial confidentiality is being considered;

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation Notices

13

(1) SEPA must, on varying a permit or registration, give notice (a “variation notice”) to the authorised person specifying—

(a) the variation being made;

(b) the date on which the variation is to take effect (being not earlier than the date of service of the notice); and

(2) Unless the variation notice is withdrawn it has effect on the date so specified in the notice.

(3) Where SEPA issues a SEPA initiated variation notice under regulation 25, any fee payable under a charging scheme for the variation is payable by the authorised person.

Surrender applications

14

(1) In deciding whether to grant or refuse (in whole or in part) an application for surrender of a registration or permit, SEPA must consider—

(a) the impact on the environment resulting from the—

(i) carrying on of the activity; and

(ii) cessation of the carrying on of the activity; and

(b) whether it is satisfied that all reasonable steps have been taken by the authorised person to—

(i) prevent environmental harm arising as a result of the activity having been carried on;

(ii) prevent environmental harm arising as a result of the cessation of the activity; and

(iii) restore the environment affected by the activity to a satisfactory state.

(2) Where SEPA grants an application for surrender (in whole or in part) SEPA must serve notice (a “surrender notice”) on the applicant in accordance with paragraph 15.

(3) An authorisation ceases to have effect ... to the extent specified in the notice.

(4) An authorisation may continue to have effect only to the extent necessary to require the taking of steps specified in a notice.

Notice of surrender

15

(1) A surrender notice must—

(a) specify any steps which SEPA considers must be taken by the authorised person to—

(i) ensure compliance with the technical schedule;

(ii) prevent environmental harm arising as a result of the regulated activity having been carried on;

(iii) prevent environmental harm arising as a result of the cessation of the activity;

(iv) restore the environment affected by the activity to a satisfactory state; and

(v) remove any equipment, plant, articles, waste (including radioactive waste) or substances associated with the activity which adversely affect the amenity of the authorised place and surrounding area or otherwise take steps to preserve the amenity of the authorised place or surrounding area,

(b) either—

(i) provide that the authorisation ceases to have effect in whole or in part on the date on which SEPA confirms to the applicant in writing that the steps have been completed to its satisfaction; or

(ii) specify the date on which the authorisation ceases to have effect in whole or in part (being not less than 28 days from the date of service of the notice (unless a shorter period is agreed between SEPA and the authorised person)).

(2) SEPA may impose an off-site condition in a surrender notice.

(3) Where SEPA grants the application for surrender in part, a surrender notice must also specify—

(a) the extent to which the application is being granted; and

(b) any variations which are necessary to the authorisation as a result of the partial surrender.

(4) Where SEPA specifies steps to be taken by the authorised person, those steps are deemed to be conditions of the authorisation.

(5) An authorisation ceases to have effect on—

(a) the date specified in the surrender notice; or

(b) the date on which SEPA confirms to the authorised person in writing that the steps specified in a surrender notice have been completed to its satisfaction.

Revocation of permits or registrations

16

(1) A revocation notice must—

(a) specify any steps which SEPA considers must be taken by the authorised person, and the period within which those steps must be completed, to—

(i) ensure compliance with the technical schedule;

(ii) prevent environmental harm arising as a result of the activity having been carried on;

(iii) prevent environmental harm arising as a result of the cessation of the activity;

(iv) restore the environment affected by the activity to a satisfactory state; and

(v) remove any equipment, plant, articles, waste (including radioactive waste) or substances associated with the activity which adversely affect the amenity of the authorised place and surrounding area or otherwise take steps to preserve the amenity of the authorised place or surrounding area,

(b) specify the reasons for the revocation;

(i) the extent to which the permit or registration is being revoked; and

(ii) any variations which are necessary to the permit or registration as a result of the partial revocation; and

(d) specify the date on which the authorisation ceases to have effect which—

(i) may be the date on which SEPA confirms to the authorised person in writing that the steps have been completed to SEPA's satisfaction; and

(ii) must be at least 28 days after the date on which the notice is served.

(2) An authorisation ceases to have effect on the date specified in the revocation notice.

(3) SEPA may impose an off-site condition in a revocation notice.

Interpretation: satisfactory state

17

(1) When considering whether it is satisfied that the environment affected by an activity has been restored to a satisfactory state, SEPA may have regard to—

(a) the state of the environment as at the date the authorisation (or other licence) was granted;

(b) the state of the environment as described in any report submitted to SEPA;

(c) the remediation of any environmental harm which SEPA considers could reasonably have been caused by the activity; and

(d) such other matters as SEPA thinks fit.

(2) In this paragraph—

(a) “other licence” includes a licence, permit, registration, exemption permission, or consent issued under another regulatory regime; and

(b) “report” includes a report written for the purposes of these Regulations or for another regulatory regime.

PART 2 — Call-in procedure

18

This Part applies to—

(a) an application for—

(i) grant of a permit;

(ii) variation of a permit; or

(iii) surrender of a permit; and

(b) a SEPA initiated variation.

...

19

(1) The Scottish Ministers may direct SEPA that an application or a SEPA initiated variation to which this Part applies is referred to the Scottish Ministers for determination.

(1A) The Scottish Ministers must consult SEPA before issuing a direction under sub-paragraph (1),

(2) SEPA must comply with a direction made under sub-paragraph (1).

(3) The Scottish Ministers must determine a matter referred to them for determination under this paragraph in accordance with Part 3.

20

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

21

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

22

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

PART 3 — Determinations of applications by the Scottish Ministers

23

(1) This paragraph applies where Scottish Ministers have directed SEPA to refer to them for their determination an application, or any part of an application, or SEPA initiated variation, or any part of a SEPA initiated variation, under paragraph 19(1).

(2) The following provisions apply to the Scottish Ministers in respect of an application referred to them in accordance with paragraph 19(1) as they do to SEPA in respect of an application made under these Regulations—

(a) regulation 63;

(b) paragraph 6(2) and (5) of schedule 1; and

(3) When they have made a determination under this schedule, the Scottish Ministers must—

(a) direct SEPA to grant or refuse (in whole or in part) the application; or

(b) where the determination relates to a SEPA initiated variation, either—

(i) affirm SEPA's decision (in whole or in part); or

(ii) direct SEPA to withdraw the variation.

(4) The Scottish Ministers may direct SEPA to grant an application subject to conditions.

(5) The Scottish Ministers must specify to SEPA the reasons for their determination.

24

In this schedule—

“application” or “applications” includes reference to any matter which SEPA treats as having been made in terms of regulation 60 or 61.

SCHEDULE 2 — OFF-SITE CONDITIONS

PART 1 — Procedure

1

For the purposes of this schedule SEPA imposes an off-site condition where it—

(a) grants a permit subject to an off-site condition;

(b) varies a permit—

(i) by including an off-site condition; or

(ii) by varying an off-site condition; or

(i) regulation 46 (regulatory notice);

(ii) paragraph 14(2) of schedule 1 (surrender notice);

(iii) regulation 31 (revocation notices),

which includes an off-site condition.

2

(1) SEPA may impose an off-site condition for any of the purposes specified in sub-paragraph (2).

(2) The purposes specified are—

(a) where SEPA considers it necessary to impose an off-site condition to—

(i) prevent or mitigate environmental harm;

(ii) monitor the impact of the regulated activity on the environment or on human health; or

(iii) restore the environment affected or likely to be affected by the regulated activity; and

(b) where SEPA considers that—

(i) a condition of a permit has not been complied with; and

(ii) steps should be taken in order to remedy the non-compliance.

3

(1) Before imposing an off-site condition, SEPA must (so far as is reasonably practicable) give notice under this paragraph to every person appearing to SEPA to be a person to whom sub-paragraph (3) applies.

(2) The notice must—

(a) describe the proposed off-site condition;

(b) describe the nature of the works or actions which the authorised person under the permit or the person upon whom a notice imposing an off-site condition was served may be required to carry out or complete to comply with the off-site condition; and

(c) state the representation period in relation to the condition, and the manner in which representations are to be made.

(3) This sub-paragraph applies to a person where—

(a) that person is the owner, tenant or occupier of land or property affected by the off-site condition; and

(b) rights will have to be granted by that person to the authorised person or the person upon whom a notice imposing an off-site condition was served to enable the ... person to comply with the proposed off-site condition.

(4) A person notified in accordance with this paragraph may make representations to SEPA regarding the off-site condition during the period of 28 days beginning with the date on which notice is given (“the representation period”).

(5) SEPA must consider any representations made within the representation period before imposing an off-site condition.

(6) Sub-paragraphs (4) and (5) do not apply where SEPA intends to issue a regulatory notice in circumstances where it considers that there is an imminent risk of environmental harm.

4

Where SEPA imposes an off-site condition, it must provide a copy of the permit or notice containing the condition to every person specified in paragraph 3(3).

5

A person (“person A”) whose consent is required for a person (“person B”) to comply with an off-site condition must grant (or join in granting) person B such rights in relation to the land as are necessary for person B to comply with an off-site condition.

PART 2 — Compensation for off-site conditions

6

This Part applies in any case where either—

(i) SEPA has imposed an off-site condition; and

(ii) a person has granted a right (an “off-site right”) which, alone or together with any other right, is necessary to enable a person to comply with the off-site condition; or

(i) a person whose consent would be required for SEPA to arrange for steps to be taken under regulation 62(1), (2) or (3) has granted an off-site right to SEPA under regulation 62(6); and

(ii) the off-site right, or that right together with any other right, is necessary to enable SEPA to arrange for those steps to be taken.

7

The person to whom an off-site right has been granted must pay compensation to the person who has granted the right.

8

But where a person (other than SEPA) has failed to make payment in accordance with paragraph 7 (“the person liable”)—

(a) the compensation is payable by SEPA; and

(b) SEPA is entitled to recover any payment of compensation made by it under this paragraph from the person liable.

9

Subject to paragraph 12, compensation is payable for—

(a) depreciation in the value of any relevant interest which results from the grant of the offsite right;

(b) depreciation in the value of any other interest in land to which the grantor is entitled which results from the exercise of the off-site right;

(i) is attributable to the grant of the off-site right or the exercise of that right;

(ii) does not consist of depreciation in the value of that interest; and

(iii) is loss or damage for which the grantor would have been entitled to compensation for disturbance if that interest had been acquired compulsorily under the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 under a notice to treat served on the date on which the off-site right is granted;

(d) damage to, or injurious affection of, any interest in land to which the grantor is entitled which is not a relevant interest, and which results from the grant of the off-site right or the exercise of that right;

(e) loss in respect of work carried out by or on behalf of the grantor which is rendered abortive by the grant of off-site right or the exercise of that right;

(f) the amount of any valuation and legal expenses reasonably incurred by the grantor in—

(i) granting the off-site right; and

(ii) preparing the application for, and negotiating the amount of, compensation (up to the point of referral to the Lands Tribunal for Scotland under paragraph 14(2)).

10

(1) Subject to sub-paragraph (2), an entitlement to compensation under this schedule arises on the date of the grant of an off-site right.

(2) The entitlement to compensation arises on the date of the final determination of the appeal where, after the grant of an off-site right, the condition of the permit which rendered the grant of that right necessary is upheld on an appeal against that condition.

11

(1) An application for compensation under this schedule must be made by the person granting an off-site right within a period of—

(a) six months beginning with the date on which the off-site right is first exercised; or

(b) 12 months beginning with the date on which the entitlement to compensation arises in the case of that grantor,

whichever ends later.

(2) An application must be made in writing to the person to whom the off-site right is granted at the last known address for correspondence of the person.

(3) The application must contain, or be accompanied by—

(a) a copy of the grant of the off-site right in respect of which the compensation is payable, and of any plans attached to that grant;

(b) a description of the exact nature of any interest in land in respect of which the compensation is payable;

(c) a statement of the amount of compensation applied for, distinguishing the amounts applied for under paragraph 9(a) to (f), and showing how the amount applied for under each sub-paragraph has been calculated; and

(d) where the date on which the entitlement to compensation arises is ascertained in accordance with paragraph 10(2), a copy of the notice of the final determination of the appeal.

12

(1) The amount to be paid by way of compensation must be assessed in accordance with this paragraph.

(2) The rules set out in section 12 of the 1963 Act have effect, so far as applicable and subject to any necessary modifications, for the purposes of this paragraph as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(3) No account may be taken of any enhancement of the value of any interest in land, by reason of any building erected, work done or improvement or alteration made on any land in which the person granting the off-site right is (or was at the time of the enhancement) directly or indirectly concerned if—

(a) the enhancement was not reasonably necessary; and

(b) was undertaken with a view to obtaining compensation or increased compensation.

(4) In calculating the amount of any loss under paragraph 9(e), expenditure incurred in the preparation of plans or on other similar preparatory matters must be taken into account.

(5) Where the interest in respect of which compensation is to be assessed is subject to a standard security—

(a) the compensation is assessed as if the interest were not subject to that security;

(b) no compensation is payable to the creditor in respect of their interest in the land; and

(i) creditor in that security; or

(ii) if there is more than one creditor, to the first ranking of such creditors,

provided that the sum paid must not be more than the sum due to the creditor, and must be applied by the creditor as if it were proceeds of sale.

13

(1) Compensation payable carries interest at the rate for the time being prescribed under section 40 of the 1963 Act from the date specified in sub-paragraph (2) until payment.

(2) The specified date is—

(a) in the case of compensation payable by virtue of paragraph 9(a) or (b), the date of depreciation;

(b) in the case of compensation payable by virtue of paragraph 9(c), (d) or (e), the date on which the loss is sustained or the damage done or, where injurious affection is sustained, the date of the injurious affection;

(3) If it appears to any person (“the first person”) that the first person may become liable to pay to another person (“the second person”) compensation or interest under this paragraph the first person may, if the second person requests the first person in writing to do so, make one or more payments on account of such compensation or interest.

(4) If, after a payment on account has been made under sub-paragraph (3)—

(a) it is agreed or determined that compensation or interest is not liable to be paid; or

(b) by reason of any agreement or determination, any payment under that sub-paragraph is shown to be excessive, the payment or, as the case may be, excess is recoverable by the first person.

14

(1) Compensation that is determined to be due is payable—

(a) where—

(i) the person to whom any off-site right was granted or, where compensation becomes payable by SEPA under paragraph 8, SEPA; and

(ii) the grantor or a creditor in a standard security,

agree that a single payment is to be made on a specified date, on that date;

(b) where—

(i) the person to whom any off-site right was granted or, where compensation becomes payable by SEPA under paragraph 8, SEPA; and

(ii) the grantor or a creditor in a standard security,

agree that payment is to be made in instalments at different dates, on the date agreed as regards each instalment; or

(c) in any other case, subject to any direction of the Lands Tribunal for Scotland, as soon as reasonably practicable after the amount of the compensation has been finally determined.

(2) Any dispute in relation to the payment of compensation or interest must be referred to and determined by the Lands Tribunal for Scotland.

(3) In relation to the determination of any such question, sections 9 and 11 of the 1963 Act apply as if—

(a) the reference in section 9(1) of that Act to section 8 of that Act were a reference to sub-paragraph (2); and

(b) references in section 11 of that Act to the acquiring authority were references to the person to whom any off-site right was granted.

15

In this schedule—

“1963 Act” means the Land Compensation (Scotland) Act 1963 ;

“granted” includes joining in granting;

“grantor” means a person mentioned in paragraph 5;

“relevant interest” means an interest in land in respect of which rights have been granted by the grantor under paragraph 5; and

“standard security” has the same meaning as in section 9 of the Conveyancing and Feudal Reform (Scotland) Act 1970 .

SCHEDULE 3 — REGISTER

	Information
1.	The particulars specified in regulation 12(3)(c) of any notification made to SEPA that a regulated activity is being, or is proposed to be, carried on.
2.	Any application made to SEPA for a registration. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
3.	Any application made to SEPA for a permit. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
4.	Any application made to SEPA for variation of a permit or a registration. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
5.	Any application made to SEPA for transfer of a permit or registration.
6.	Any application made to SEPA for surrender of a permit or registration. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
7.	Any modifications accepted by SEPA to an application.
7A	Any notice given by SEPA to an applicant under paragraph 6 of schedule 1, and where applicable, any information provided in response to such a notice.
8.	Any notice of surrender of a notification received by SEPA. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
9.	Any application for consolidation of a permit or registration.
10.	Any consultation carried out by SEPA
11	Any representations made to SEPA—
11	ain response to a consultation by SEPA as part of its public participation functions; andbwhere the person who made the representations requests these to be made available to the public at the time when representations are made.
12.	Any notice given to SEPA by an authorised person required by these Regulations.
13.	Any permit or registration granted by SEPA. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
13A	Any licence, permit, registration or authorisation granted by SEPA which is a deemed permit, registration or authorisation under these Regulations.
14.	Any variation, transfer, consolidation or surrender of a permit or registration made or granted by SEPA. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
15.	Any revocation by SEPA of an authorisation. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
16.	Any regulatory notice issued by SEPA.
17.	Any costs recovery notice issued by SEPA.
18.	Any fixed monetary penalty imposed by SEPA.
19.	Any variable monetary penalty imposed by SEPA.
20.	Any VMP undertaking accepted by SEPA.
21.	Any non-compliance penalty imposed by SEPA.
22.	Any enforcement undertaking accepted by SEPA.
23.	Any certificate of non-compliance issued by SEPA.
24.	Any notice served by SEPA withdrawing, varying or revoking another notice served by SEPA under these Regulations.
25.	Any notice of appeal against a decision by or notice issued by SEPA.
26.	The grounds of appeal submitted by the appellant.
27.	Any correspondence between the appellant and SEPA in connection with the appeal.
28.	Any representations made by any person in response to a notice by SEPA under paragraph 6 of schedule 4 advising of an appeal, but only if, or to the extent that, the person requests that these be made available to the public at the time when the representations are made.
29.	Any determination of an appeal, including any report accompanying a determination.
30.	Any information relating to the monitoring of emissions or other parameters held by SEPA and provided by an authorised person in compliance with a condition of an authorisation.
31.	Any other information given to SEPA in compliance with a condition of a permit or registration, or a general binding rule, or a notice.
32.	Any information held by SEPA as a result of its monitoring of emissions or compilation of information relating to the environment, but only in so far as it relates to—
32.	aemissions from a regulated activity; orbthe impact on the environment from a regulated activity.Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
33.	Any licence, permit, registration or authorisation granted by SEPA which ceased to have effect on either—
33.	athe coming into force of these Regulations; orbthe grant of an authorisation.
34.	Any direction given to SEPA by Scottish Ministers under these Regulations.
35.	The information referred to in paragraph 30(d) of schedule 8 (information relating to dose estimates).
36.	Information relating to the regulation of radiation sources.
37.	An outline of a radioactive substances activities programme of inspections (as defined in schedule 8).
38.	A summary of the main findings from the implementation of the radioactive substances activities programme of inspections (as defined in schedule 8).
39.	Any exemptions applied by SEPA in accordance with regulation 24(3) of the 2013 Regulations.
40.	Notification of a refusal by SEPA under paragraph 9(1) of schedule 1 for an application in relation to a waste incineration plant or waste co-incineration plant.
41	A list of all waste incineration plant and co-incineration plant with a nominal capacity of less than 2 tonnes per hour in operation.
	In relation to any decision on an application or SEPA initiated variation for a schedule 20 emissions activity—
	(a) notification of a refusal by SEPA under paragraph 9(1) of schedule 1,
	(b) the reasons for any decision under paragraph 9(1) of schedule 1,
	(c) how any representations made in response to a consultation by SEPA were taken into account by SEPA in reaching their decision,
	(d) the title of the BAT reference documents as defined in paragraph 3(1) of schedule 19, relevant to the activity,
42.	(e) how the permit conditions, including emission limit values have been determined in relation to the best available techniques and emission levels associated with the best available techniques,
42.	(f) where a derogation is granted under paragraph 9(6) of schedule 20, the reasons for that derogation with reference to the criteria in paragraph 9(6) of schedule 20,
42.	(g) that the decision is subject to consultations with a neighbouring state(s) as a result of paragraph 18 of schedule 20.
42.	The information in sub-paragraphs (a), (b) (f) must be made available electronically.
43.	In relation to a decision to grant a surrender application for a schedule 20 emissions activity, a copy of any notice issued by SEPA under paragraph 15(5)(b) of schedule 1 confirming that steps specified in a surrender notice have been satisfied.This information must be made available electronically.
44.	The site visit report in relation to an inspection conducted under paragraph 14 of schedule 20.

1

In this schedule, “fixed monetary penalty”, “variable monetary penalty”, “VMP undertaking”, “enforcement undertaking”, “non-compliance penalty” and “certificate of non-compliance ... have the same meaning as in the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 .

SCHEDULE 4 — PROVISIONS RELATING TO APPEALS

PART 1 — Appeals procedure

1

A person who wishes to appeal under regulation 55 must give to the Scottish Ministers written notice of the appeal together with the documents specified in paragraph 2 and must at the same time send to SEPA a copy of that notice together with copies of the documents specified.

2

The documents specified are—

(a) a written statement of the grounds of appeal;

(b) a copy of any relevant application;

(d) a copy of any relevant correspondence between the appellant and SEPA; and

(e) a copy of any decision or notice which is the subject of the appeal.

3

An appellant may withdraw an appeal by notice to the Scottish Ministers in writing, and must send a copy of that notice to SEPA.

4

Subject to paragraph 5, notice of appeal in accordance with paragraph 1 is to be given—

(a) in the case of an appeal in relation to a revocation notice issued under regulation 31, before the date on which the revocation notice takes effect;

(b) in the case of an appeal in relation to an application for an authorisation deemed to be withdrawn by SEPA under paragraph 6(3) or 8(3) of schedule 1, before the expiry of the period of 28 days beginning with the date of the notice of deemed withdrawal which is the subject of the appeal;

(c) in the case of an appeal in relation to an information notice served under regulation 37, before the expiry of the period of 28 days beginning with the date of the notice ... which is the subject of the appeal;

(d) in the case of an appeal by a person whose consent is required for another person to comply with an off-site condition which has been included in a notice or permit, before the expiry of the period of 28 days beginning with the date that a copy of the notice or permit is given to that person under paragraph 4 of schedule 2;

(e) in the case of an appeal in relation to a decision by SEPA under regulation 41 or 42 that information is not commercially confidential, before the expiry of the period of 28 days beginning with the date of the notice of determination which is the subject of the appeal;

(f) in the case of an appeal in relation to a regulatory notice served under regulation 46, before the expiry of the period of 28 days beginning with the day on which the notice which is the subject of the appeal was given;

(g) in the case of an appeal in relation to a costs recovery notice served under regulation 51—

(i) before the expiry of the period of 28 days beginning with the date of the notice which is the subject of the appeal; or

(ii) if the appellant has requested a breakdown of costs under regulation 51(5), before the expiry of the period of 28 days beginning with the day after the day on which SEPA provided the breakdown;

(h) before the expiry of the period of 2 months beginning with the date of the notice which is the subject of the appeal in the case of each of—

(i) an appeal in relation to a refusal of a permit or registration under paragraph 9 of schedule 1;

(ii) an appeal in relation to a deemed refusal of a permit or registration under paragraph 10(1) of schedule 1;

(iii) an appeal in relation to a refusal of an application to vary a permit under regulation 25;

(iv) an appeal in relation to the conditions attached to a permit under regulation 22 or 25;

(v) an appeal in relation to a refusal or deemed refusal of an application under regulation 27 to transfer a permit;

(vi) an appeal in relation to the conditions attached to an authorisation to take account of a transfer;

(vii) an appeal in relation to a refusal or a deemed refusal to transfer the duty to comply with a revocation notice under regulation 29;

(viii) an appeal in relation to a refusal or deemed refusal of an application under regulation 30 to surrender an authorisation;

(ix) an appeal in relation to a step specified in a surrender notice served by SEPA under paragraph 15 of schedule 1;

(x) an appeal in relation to the form of authorisation granted.

5

The Scottish Ministers may in a particular case allow notice of appeal to be given after the expiry of the periods mentioned in paragraph 4.

6

SEPA must, within 14 days of receipt of the copy of the notice of appeal sent in accordance with paragraph 1, give written notice of it to—

(a) where the appeal is against an matter which was subject to public consultation under paragraph 8 of schedule 1, any person who made a representation to SEPA in connection with the matter; and

(b) any other person whom SEPA considers it appropriate to notify.

7

A notice under paragraph 6 must—

(a) describe the subject of the appeal;

(b) include a statement that representations with respect to the appeal may be made to the Scottish Ministers in writing within a period of 21 days beginning with the date of the notice;

(d) explain that any representations will not be made available to the public under regulation 38 unless the person requests in writing at the time that representations are made that they are made available to the public and if the representations are not made available, SEPA will make available to the public confirmation that—

(i) a representation has been made; and

(ii) the person making the representation has requested the representation not to be made public; and

(e) explain that if a hearing is to be held wholly or partly in public, a person who makes representations with respect to the appeal will be notified of the date of the hearing.

8

SEPA must within 14 days of sending a notice under paragraph 6 notify the Scottish Ministers of the persons to whom and the date on which the notice was sent.

9

In the event of an appeal being withdrawn, SEPA must give written notice of the withdrawal to every person to whom notice was given under paragraph 6.

10

SEPA must make any written representations to the Scottish Ministers not later than 28 days (or such longer period as may be set by the Scottish Ministers) after receiving a copy of the documents specified in paragraph 2.

11

The appellant must make any further written representations by way of reply to any representations from SEPA not later than 28 days (or such longer period as may be set by the Scottish Ministers) after receiving a copy of SEPA's representations.

12

When SEPA or the appellant makes any representations to the Scottish Ministers they must at the same time send a copy of the representations to the other party.

13

The Scottish Ministers must send to the appellant and SEPA a copy of any representations made to them by persons to whom notice was given under paragraph 6 and must allow the appellant and SEPA a period of not less than 14 days in which to make written representations on them.

14

The Scottish Ministers may require exchanges of written representations between the parties in addition to those mentioned in paragraphs 10 and 11.

PART 2 — Public hearings

15

Before determining an appeal under regulation 56, the Scottish Ministers may afford the appellant and SEPA an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers (the “appointed person”).

16

A hearing may, if the appointed person so decides, be held wholly or partly in private.

17

Where the Scottish Ministers cause a hearing to be held, they must give the appellant and SEPA at least 28 days' written notice (or such shorter period of notice as they may agree with the appellant and SEPA) of the date, time and place fixed for the holding of the hearing.

18

Where any part of a hearing is to be held in public, the Scottish Ministers must, at least 21 days before the date fixed for the holding of the hearing—

(a) publish notice of the date, time and place fixed for the holding of the hearing in a newspaper circulating in the locality in which the regulated activity which is the subject of the appeal is carried on or is to be carried on; and

(b) give written notice of the date, time and place fixed for the holding of the hearing to every person who received notice under paragraph 6 and who has made representations to the Scottish Ministers.

19

The Scottish Ministers may vary the date fixed for the holding of any hearing, and must give such notice of the variation as appears to them to be reasonable.

20

The persons entitled to be heard at a hearing are—

(a) the appellant; and

(b) SEPA.

21

Nothing in paragraph 20 prevents the appointed person from allowing any other persons to be heard at the hearing and such permission must not be unreasonably withheld.

22

The appointed person must cause notice of the time and place of the hearing to be given to persons appearing to him or her to be interested.

23

The appointed person may—

(a) by notice in writing require—

(i) a person to attend a hearing, at a time and place stated in the notice, to give evidence;

(ii) a person to produce any documents, books or other data in the custody or under the control of the person which relate to any matter in question at the hearing; and

(b) take evidence on oath, and for that purpose administer oaths.

24

But the appointed person may not require any person to produce any book or document or to answer any question which that person would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the hearing were a proceeding in a court of law.

25

(1) A person who is required to give evidence at a hearing or to produce any such books or other documents is entitled to have such reasonable expenses of attendance and production of books or other documents paid to him or her.

(2) The expenses are to be treated as part of the expenses of the hearing.

26

(1) The Scottish Ministers or the appointed person may treat as expenses incurred by them or him or her in relation to the hearing—

(a) the standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the hearing sits or the appointed person is otherwise engaged on work connected with the hearing;

(b) expenses actually incurred in connection with the hearing on travelling or subsistence allowances or the provision of accommodation or other facilities for the hearing;

(d) any legal expenses or disbursements incurred or made by or on behalf of the Scottish Ministers in connection with the hearing;

(e) the entire administrative expense of the hearing, including an amount as appears to the Scottish Ministers or the appointed person to be reasonable in respect of general staff expenses and overheads.

(2) In sub-paragraph (1) “the standard amount” means such an amount, if any, as the Scottish Ministers may from time to time determine and make details of publicly available.

27

(1) The Scottish Ministers or the appointed person may make an order as to the expenses incurred in relation to a hearing (including a hearing for which arrangements have been made and does not take place)—

(a) by the Scottish Ministers or the appointed person; and

(b) by the parties to the appeal.

(2) The order may specify the person or persons by whom any of the expenses must be paid.

28

(1) Where the Scottish Ministers or the appointed person make an order under paragraph 27 requiring a person to pay expenses, the Scottish Ministers or the appointed person must certify the amount of the expenses.

(2) The amount certified is a debt due by that person to the Scottish Ministers or the appointed person and is recoverable accordingly.

29

After the conclusion of a hearing, the appointed person must make a report to the Scottish Ministers in writing which must include the conclusions and recommendations of that person or the reasons for not making any recommendation.

PART 3 — Determination of appeals

30

(1) The Scottish Ministers must—

(a) give written notice to the appellant of their determination of the appeal;

(b) provide the appellant with the reasons for their determination; and

(2) The Scottish Ministers must at the same time send a copy of the documents mentioned in sub-paragraph (1) to—

(a) SEPA;

(b) any person on whom notice was served under paragraph 6 and who made representations to the Scottish Ministers; and

SCHEDULE 5 — TRANSITIONAL AND SAVINGS PROVISIONS

PART 1 — General

Interpretation

1

In this schedule—

“contaminated materials activity” means a radioactive substances activity involving radioactive material where—the material is contaminated, but not with the intention of utilising its radioactive, fissile or fertile properties; andin the absence of such contamination, the substance or article would not be radioactive material; andthe radioactive material is kept on the premises on which the contamination occurred;

“concluded” means for the purposes of paragraph 3, in relation to an application, that—the application has been granted, refused or withdrawn; andthe period allowed for appeals has passed or an appeal has been determined or withdrawn;

“concluded” means for the purposes of paragraph 4, in relation to an application, that—the application has been granted or withdrawn; orthe application has been refused and the period allowed for appeals has passed or, where an appeal has been made during that period, the appeal has been determined or withdrawn;

“Exemption Order” means the Radioactive Substances Exemption (Scotland) Order 2011 ;

“existing licence” means—a registration made under section 7 or 10 of the 1993 Act; oran authorisation granted under section 13 or 14 of the 1993 Act,before the relevant date;

“new activity” means an activity being carried on immediately before the relevant date which is—a regulated activity;an activity which the person would have been able to lawfully carry on immediately before the relevant date without an existing licence; andnot—authorised by means only of being carried on in compliance with the general binding rules specified for the activity; ora contaminated materials activity;

“relevant date” means the date these Regulations come into force in accordance with regulation 1;

“1993 Act” means the Radioactive Substances Act 1993 ;

“6 months date” means the date falling after a period of 6 months from the relevant date.

2

(1) An existing licence which—

(a) is in effect immediately before the relevant date; and

(b) authorises an activity which is a regulated activity (within the meaning of these Regulations),

has effect on or after that date as if it were a permit (within the meaning of these Regulations) (“a deemed permit”).

(2) In accordance with sub-paragraph (1)—

(a) any condition subject to which an existing licence is granted has effect as if it were a condition attached to the deemed permit;

(b) the person who is—

(i) registered under section 7 or 10 of the 1993 Act; or

(ii) has been granted an authorisation under section 13 or 14 of the 1993 Act,

is to be treated as the authorised person in respect of the deemed permit on the relevant date;

(i) is carrying on a contaminated materials activity; and

(ii) holds a deemed permit in relation to premises on which the contaminated materials activity is being carried on,

the carrying on of the contaminated materials activity is treated as authorised by the deemed permit in the period beginning with the relevant date and ending on the date on which SEPA next varies or consolidates the permit.

(3) SEPA may revoke an existing licence under regulation 31 on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity no earlier than the 6 months date.

3

(1) If before the relevant date a person—

(a) has applied for registration under section 7 of the 1993 Act;

(b) has applied for registration under section 10 of the 1993 Act;

(d) has applied for authorisation under section 13 of the 1993 Act;

(e) has applied for authorisation under section 14 of the 1993 Act;

(f) has applied for transfer of an authorisation under section 16A of the 1993 Act;

(g) has applied for variation or revocation of an authorisation under section 17 of the 1993 Act,

and that application has not been concluded before the relevant date, sub-paragraph (2) applies.

(2) Notwithstanding the repeal of the 1993 Act, the 1993 Act continues to have effect in relation to any application referred to in sub-paragraph (1) until the application is concluded.

(3) A registration or authorisation made or granted by SEPA following an application referred to in paragraph 3(1)(a), (b), (d) or (e) is deemed to be an “existing licence” for the purposes of this schedule.

4

(1) This paragraph applies to a person (“A”) carrying on a new activity immediately before the relevant date.

(2) Where A is lawfully carrying on a new activity, other than one referred to in sub-paragraph (3), immediately before the relevant date, the activity is treated as authorised under these Regulations during the period beginning with the relevant date and ending on the date specified in sub-paragraph (4).

(3) Where A is carrying on a new activity which, immediately before the relevant date, was exempted from the requirement to have an existing licence by the Exemption Order then, notwithstanding the repeal of the 1993 Act and the Exemption Order, the 1993 Act and the Exemption Order continue to have effect in relation to that activity during the period beginning with the relevant date and ending on the date specified in sub-paragraph (4).

(4) The date specified for the purposes of sub-paragraphs (2) and (3) is the later of—

(a) the 6 months date; or

(b) where an application for a permit or registration or for a variation of an existing licence, was accepted by SEPA before the 6 months date, the date on which the application is concluded.

(5) Where SEPA requires a new activity being carried on by A to be authorised by means of notification, notwithstanding regulation 13(1), a notification made before the 6 months date has effect from the 6 months date.

5

(1) This paragraph applies to a person (“A”) who has an existing licence to keep or use a sealed source which, as a result of the coming into force of these Regulations, is a high-activity sealed source (“an existing sealed source licence”).

(2) A must apply in accordance with regulation 25 for a variation of an existing sealed source licence before the 6 months date.

(3) Where A fails to apply for a variation in accordance with sub-paragraph (2) before the 6 months date, the existing sealed source licence ceases to be a deemed permit on the 6 months date to the extent it relates to a high-activity sealed source.

6

The 1993 Act continues to have effect notwithstanding its repeal in respect of any notice, investigation or legal proceedings made or begun before the relevant date and not concluded by that date (including for that purpose any penalty, punishment, enforcement measures or other sanction that may be accepted or imposed in respect of a failure to comply with a requirement of the 1993 Act before the relevant date).

PART 2 — Metal contamination

7

(1) A permit for a Part A installation at which the activity described in paragraph (b)(iv) of Part A of section 5.4 of schedule 1 of the Pollution Prevention and Control (Scotland) Regulations 2012 is carried out includes the conditions specified in sub-paragraph (2).

(2) The specified conditions are—

(a) the operator must establish systems to detect the presence of radioactive contamination in materials received at the installation;

(b) the operator must inform SEPA promptly if it suspects, or has knowledge of, the presence of radioactive contamination in material at the installation (whether present in the material as received, as a result of melting of or other metallurgical operation on an orphan source or otherwise); and

(c) the operator must not dispose of any materials contaminated, or suspected to be contaminated, with radioactivity without approval from SEPA.

(3) This paragraph applies in the period from the relevant date until the date that SEPA varies the permit so as to include the conditions specified in sub-paragraph (2).

(4) In this paragraph—

(a) “installation” and “permit” have the same meaning as given in regulation 2(1); and

(b) “Part A installation” has the same meaning as given in regulation 12(1),

of the Pollution Prevention and Control (Scotland) Regulations 2012.

SCHEDULE 6 — CONSEQUENTIAL AMENDMENTS

PART 1 — Public general acts

Nuclear Installations Act 1965

1

(1) The Nuclear Installations Act 1965 is amended in accordance with sub-paragraphs (2) to (4).

(2) In section 3(14) (grant and variation of nuclear site licences)—

(a) in paragraph (b), omit “Scotland or”;

(b) after paragraph (b) insert—

(c) in relation to a site in Scotland, has the same meaning as in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018.

(3) In section 4(3)(d) (attachment of conditions to licences) after “ (S.I. 2016/1154)”, insert “ or to the Environmental Authorisations (Scotland) Regulations 2018. ”.

(4) In section 4(7)—

(a) in paragraph (b), omit “Scotland or”;

(b) after paragraph (b), insert—

(c) in relation to a site in Scotland, has the same meaning as in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018.

Environmental Protection Act 1990

2

(1) The Environmental Protection Act 1990 is amended in accordance with sub-paragraphs (2) to (4).

(2) For section 75(2)(b) (meaning of “waste”) substitute—

(b) radioactive waste, as defined in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018, the disposal of which falls within one of the activities specified in column 1 of Part 1 of schedule 9 of those Regulations and can be carried on in accordance with the rules specified for that activity;

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