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The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021

S.S.I. 2021/354 · Made 5 October 2021 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 December 2021.

Exiting The European Union

Environmental Protection

Made 5th October 2021

Laid before the Scottish Parliament 7th October 2021

Coming into force 1st December 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2018 c. 16, to which there are amendments not relevant to these Regulations.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011
  3. 3Regulation 3
  4. 4Regulation 4
  5. 5Regulation 5
  6. 6Regulation 6
  7. 7Regulation 7
  8. 8Regulation 8
  9. 9Regulation 9
  10. Signature
  11. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021 and come into force on 1 December 2021.

2Amendment of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011I1

The Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011f1 are amended in accordance with regulations 3 to 9.

3I1

In regulation 1 (citation, commencement and interpretation)—

(a)

in paragraph (2)—

(i)

at the end of sub-paragraph (a) omit “and”, and

(ii)

omit sub-paragraph (b),

(b)

in paragraph (3)—

(i)

after the definition of “the authority” insert—

  • ““climate change legislation” means—

    1. (a)

      legislation which before IP completion day implemented the ETS Directive, or

    2. (b)

      legislation made under Part 3 of the Climate Change Act 2008f1 on or after IP completion day, which imposes obligations similar to obligations which existed immediately before IP completion day under legislation which implemented the ETS Directive,”,

(ii)

in the definition of “the Directive”, at the end insert “, as it had effect immediately before IP completion day”,

(iii)

after the definition of “the Directive” insert—

  • ““emissions” (except in the definitions of “the ETS Directive” and “Monitoring Regulation”) has the meaning given by section 17 of the Climate Change (Scotland) Act 2009f2,”,

(iv)

in the definition of “the Environmental Liability Directive”, at the end insert “, as it had effect immediately before IP completion day”,

(v)

in the definition of “the ETS Directive”, at the end insert “, as it had effect immediately before IP completion day”,

(vi)

after the definition of “general exploration licence” insert—

  • ““greenhouse gas” (except in the definitions of “the ETS Directive” and “Monitoring Regulation”) has the meaning given by section 10 of the Climate Change (Scotland) Act 2009,”, and

(vii)

after the definition of “monitoring plan” insert—

(c)

after paragraph (4) insert—

“(5)

In these Regulations, for the purposes of any reference to Annex II to the Directive, Article 13(2) of the Directive shall be read as if for the words “guidelines established pursuant to Article 14 and Article 23(2) of Directive 2003/87/EC” there were substituted “Monitoring Regulation”.”.

4I1

In regulation 6 (applications for a storage permit)—

(a)

in paragraph (3)—

(i)

in sub-paragraph (e), for the words after “under” substitute “the Monitoring Regulation”,

(ii)

in sub-paragraph (h), for “implementing” substitute “which before IP completion day implemented”, and

(b)

omit paragraph (4).

5I1

In regulation 7 (grant of storage permits)—

(a)

in paragraph (1)(b)—

(i)

for “territories” substitute “territory”,

(ii)

for “member States” substitute “United Kingdom or another state which is party to an agreement with the United Kingdom concerning cross-boundary cooperation in relation to the complex”,

(b)

in paragraph (2), for “member State” substitute “state”, and

(c)

omit paragraph (7).

6I1

In regulation 11(4) (consequences of revocation of a storage permit)—

(a)

for sub-paragraph (d) substitute—

“(d)

in relation to the offset of emissions which are leakage under climate change legislation (if any), and”, and

(b)

in sub-paragraph (e), after “under” insert “legislation which before IP completion day implemented”.

7I1

In regulation 13(5) (post-closure obligations)—

(a)

in sub-paragraph (a), for “implementing” substitute “which before IP completion day implemented”, and

(b)

for sub-paragraph (b) substitute—

“(b)

relating to the offset of emissions which are leakage under climate change legislation (if any).”.

8I1F1

In paragraph 5(2) (interpretation) of schedule 1 (provisions to be included in a licence), after “Regulation (EC) No 1013/2006” insert “as that Directive had effect immediately before IP completion day”.

9I1

In schedule 2 (provisions to be included in a storage permit)—

(a)

in paragraph 3(7) (reporting and notification of leakages and significant irregularities)—

(i)

after “to” insert “emissions from”, and

(ii)

for “legislation implementing the ETS Directive” substitute “climate change legislation”, and

(b)

in paragraph 7(5)(c) (financial security), for “legislation implementing the ETS Directive” substitute “climate change legislation”.

Signature

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c. 16). These Regulations make amendments to legislation concerning the licensing regime for the geological storage of carbon dioxide. The amendments 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.

No Business and Regulatory Impact Assessment has been prepared in relation to these Regulations, as no impact upon business, charities or voluntary bodies is foreseen.