Paragraph 5 Meaning of “competent authority” etc.
(1)
For the purposes of this Schedule, “competent authority” means any of the persons listed in column 1 of Table 23 and, in relation to a competent authority, “specified function” means any function of that authority listed in column 2 of that Table opposite the entry for that authority.
Table 23
| Competent authorities | Specified functions | |
|---|---|---|
| Any planning authority. | The taking of any specified action. | |
| The waste regulation authority, the Scottish Ministers or a person appointed under section 114(1)(a) of the 1995 Act. | Their respective functions under Part II of the 1990 Act in relation to waste management licences, and preparing the national waste management plan, or any modification of it, in accordance with the National Waste Management Plan for Scotland Regulations 2007. | |
| The waste regulation authority or the Scottish Ministers | Their respective functions under regulation 30 of and Schedule 5 to these Regulations. | |
| The waste regulation authority | Its functions under Schedule 4 paragraph 12 to these Regulations. | |
| The waste regulation authority | Its functions under the Special Waste Regulations 1996. | |
| The Scottish Ministers | Their functions under Part 4 of the Marine (Scotland) Act 2010. | |
| The waste regulation authority, the Scottish Ministers or a person appointed under section 114(1)(a) of the 1995 Act. | Their respective functions under Part I of the 1990 Act in relation to prescribed processes except when— | |
| (a) | the process is designated for local control; and | |
| (b) | it is an exempt activity carried out subject to the conditions and limitations specified in Schedule 1. | |
| The waste regulation authority or the Scottish Ministers. | Their respective functions under the 2011 Regulations. | |
| The waste regulation authority, the Scottish Ministers or a person appointed under section 114(1)(a) of the 1995 Act. | Their respective functions in relation to permits under the 2000 Regulations except in relation to the carrying out of an exempt activity under such permits. | |
| A local authority | Its functions under sections 45, 46, 47, 52, 53 and 56. | |
| A local authority or the Scottish Ministers | Their respective functions under sections 57, 58, 63A and 153. | |
| The Scottish Ministers | Their functions under Part 5 Chapter 5 of the Climate Change (Scotland) Act 2009f1. | |
| Scottish Water | Its functions in relation to control of discharges of trade effluent into its sewers or sewage treatment works under Part II of the Sewerage (Scotland) Act 1968. | |
(2)
In Table 23, except in the case of the functions of the Scottish Ministers under Part 5 Chapter 5 of the Climate Change (Scotland) Act 2009, references to functions do not include functions of making, revoking, amending, revising or re-enacting orders, regulations or schemes where those functions are required to be discharged by statutory instrument.
Annotations
Footnotes
- f1