OpenLegislation

Paragraph 5 Environment Act 1995I1

Scotland

(1)

The Environment Act 1995f1 is amended in accordance with sub-paragraphs (2) to (6).

(2)

In section 41(2) (power to make schemes imposing charges), after paragraph (g), insert—

“(h)

the review of an environmental licence,

(i)

the consolidation of environmental licences,

(j)

an application for commercial confidentiality in respect of an environmental licence.”.

(3)

In section 56(1) (interpretation of part 1)f2, in the definition of “environmental licence”, in the application of Part 1 in relation to SEPA, omit sub-paragraphs (aa), (b), (d), (h), (j) and (ja).

(4)

In section 108(15) (powers of enforcing authorities and persons authorised by them)—

(a)

after the definition of “mobile plant”, insert—

  • ““pollution” in relation to the water environment, means the direct or indirect introduction, as a result of human activity, of substances or heat into the water environment, or any part of it, which may give rise to any harm, and “harm” means—

    1. (a)

      harm to the health of human beings or other living organisms,

    2. (b)

      harm to the quality of the water environment, including—

      1. (i)

        harm to the quality of the water environment taken as a whole,

      2. (ii)

        other impairment of, or interference with, the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems,

    3. (c)

      offence to the senses of human beings,

    4. (d)

      damage to property, or

    5. (e)

      impairment of, or interference with, amenities or other legitimate uses of the water environment,”,

(b)

in the definition of “pollution control functions”, after sub-paragraph (n), insert—

“(o)

in relation to SEPA, the Water Environment and Water Services (Scotland) Act 2003f3 or regulations made under that Act,

(p)

in relation to SEPA, the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003f4, the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004f5 and the Water Environment (Remedial Measures) (Scotland) Regulations 2016f6 as those regulations may be amended from time to time,”.

(5)

In section 114(2)(a) (power of Secretary of State to delegate his functions of determining, or to refer matters involved in, appeals)f7—

(a)

omit sub-paragraphs (ii), (vii) and (ix),

(b)

in sub-paragraph (iii), omit “43,”,

(c)

in sub-paragraph (viii), omit “under section 2 of the Pollution Prevention and Control Act 1999 extending to Scotland”.

(6)

In paragraph 4(3) (holding of local inquiries and other hearings by appointed persons) of schedule 20 (delegation of appellate functions of the Secretary of State)f8—

(a)

omit head (d),

(b)

for head (e) substitute—

“(e)

regulation 55(1)(o) or (p) of the Environmental Authorisations (Scotland) Regulations 2018f9.”.

Annotations

Commencement

I1

Sch. 22 para. 5 in force at 1.11.2025, see reg. 1(2)

Footnotes

f1

1995 c. 25.

f2

Section 56 was relevantly amended by the Environment Act 2021 (c. 30) section 64(4)(b) and S.I. 2019/458.

f3

2003 asp 3.

f4

S.I. 2003/3245.

f5

S.I. 2004/99.

f6

S.S.I. 2016/19.

f7

Section 114(2)(a)(iii) was relevantly amended by the Pollution Prevention and Control Act 1999 schedule 3 paragraph 1, S.S.I. 2006/181 and S.S.I. 2011/226.

f8

Schedule 20, paragraph 4 was relevantly amended by S.S.I. 2006/181 and S.S.I. 2012/360.

f9

S.S.I. 2018/219, as amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.