Explanatory note

Part 4 of these Regulations is made in exercise of the powers in paragraph 1(1) and (3) of schedule 2, and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 (c.16) to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d) and (g) of that Act), arising from the withdrawal of the United Kingdom from the European Union.

Parts 2 and 3 of these Regulations are made in exercise of powers under the European Communities Act 1972 (c.68).

Part 2 makes amendments to the Environmental Liability (Scotland) Regulations 2009 to update references to a number of EU instruments referred to in those Regulations. In addition, regulation 2(4) inserts a new regulation 7A into those Regulations to impose a new reporting requirement on competent authorities other than the Scottish Ministers where environmental damage has occurred. This implements Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p.56), as amended by Article 3 of Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment (OJ L 170, 25.6.2019, p.115).

Part 3 amends the Sulphur Content of Liquid Fuels (Scotland) Regulations 2014 to correct drafting errors and fulfils a commitment to the Scottish Parliament to do so.

A business and regulatory impact assessment has not been produced for this instrument as no, or no significant, impact upon business, charities or voluntary bodies is foreseen.