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Regulation 2ZD Provisions common to regulations 2ZB and 2ZCF1F2

Scotland

(1)

The Scottish Ministers may revoke a determination made under regulation 2ZB or 2ZC.

(2)

The Scottish Ministers must, before making a determination under regulation 2ZB or 2ZC or revoking such a determination, except where they consider it inappropriate to do so on account of the nature of any emergency or grave danger, consult—

(a)

the requisite bodies,

(b)

the holder of the specific batch of waste, and

(c)

any other person appearing to them—

(i)

to have an interest in the specific waste, or

(ii)

to be otherwise directly affected by the determination.

(3)

In making a determination under regulation 2ZB or 2ZC or revoking such a determination, the Scottish Ministers must take account of the F3general aims in regulation 9(2)(a) and (c) of the 2018 Regulations, and the F4waste hierarchy aims referred to in paragraphs 3(2) and (3) of schedule 11 (waste management activities) of those Regulations. referred to in paragraphs 6(1)(a) and (b), (2) and (3) of schedule 4 of the Waste Management Licensing (Scotland) Regulations 2011.

(4)

The Scottish Ministers must give notice of any determination made under regulation 2ZB or 2ZC or revocation of such a determination to—

(a)

the requisite bodies,

(b)

the holder of the specific batch of waste concerned, and

(c)

any person they have consulted pursuant to paragraph (2)(c).

(5)

The notice must give reasons for the determination or revocation, as the case may be.

Annotations

Textual amendments

F1

Regulations revoked (E.) (16.7.2005) by The Hazardous Waste (England and Wales)Regulations 2005 (S.I. 2005/894), reg. 76 (with reg. 75) and Regulations revoked (W.) (16.7.2005) by The Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806), reg. 72(1) (with reg. 72(2))

F2

Regs. 2ZA-2ZF inserted (S.) (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 7(5); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in reg. 2ZD(3) substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 13(4) (with sch. 23)

F4

Words in reg. 2ZD(3) substituted (26.3.2026) by The Environmental Authorisations (Scotland) Amendment Regulations 2026 (S.S.I. 2026/55), regs. 1, 13