{
  "url": "https://openlegislation.uk/storage-of-carbon-dioxide-licensing-etc-scotland-regulations-2011/regulation-1",
  "json_url": "https://openlegislation.uk/storage-of-carbon-dioxide-licensing-etc-scotland-regulations-2011/regulation-1.json",
  "legislation": "ssi/2011/24",
  "legislation_title": "The Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011",
  "legislation_url": "https://openlegislation.uk/storage-of-carbon-dioxide-licensing-etc-scotland-regulations-2011",
  "path": "regulation/1",
  "kind": "regulation",
  "number": "1",
  "heading": "Citation, commencement and interpretation",
  "text": "(1) These Regulations may be cited as the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011 and come into force on 1st April 2011.\n(2) In these Regulations—\n(a) any reference to a numbered section is to that section of the Energy Act 2008 and any reference to “Chapter 3” is a reference to Chapter 3 of Part 1 of that Act; ...\n(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) In these Regulations—\n“appraisal term” has the meaning given by regulation 3(2)(a);\n“the authority” means the Scottish Ministers as licensing authority under section 18(2);\n“climate change legislation” means—\n(a)legislation which before IP completion day implemented the ETS Directive, or\n(b)legislation made under Part 3 of the Climate Change Act 2008 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,\n“CO2” means carbon dioxide;\n“corrective measures plan” has the meaning given by regulation 7(6);\n“the Directive” means Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 , as it had effect immediately before IP completion day;\n“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 2009,\n“entering” in relation to premises includes, where applicable, boarding, and cognate expressions are to be construed accordingly;\n“the Environmental Liability Directive” means 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 , as it had effect immediately before IP completion day;\n“the ETS Directive” means Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC , as it had effect immediately before IP completion day;\n“financial security” includes—\n(a)a charge over a bank account or any other asset;\n(b)a deposit of money;\n(c)a performance bond or guarantee;\n(d)an insurance policy; and\n(e)a letter of credit;\n“general exploration licence” means a licence granted by the Oil and Gas Authority under section 18(1) which authorises only activities within section 17(2)(c) and the establishment or maintenance of an installation for the purpose of such activities and which—\n(a)does not grant to the holder the sole right to carry out exploration of a controlled place, and\n(b)is issued in combination with—\n(i)a licence under section 4 to explore any controlled place with a view to carrying on activities within section 2(3)(a) to (d) and establish or maintain an installation in a controlled place for the purposes of such exploration, or\n(ii)a licence under section 3 of the Petroleum Act 1998 to search for petroleum in any area below the low water line or in the seaward areas as defined by regulation 3(1)(a) of the Petroleum (Production) (Seaward Areas) Regulations 1988 ;\n“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,\n“injection” means injection of carbon dioxide into a storage site;\n“inspection” means an inspection of a storage complex for the purpose of discharging a function described in paragraph (a) or (b) of regulation 15(1);\n“inspection report” has the meaning given to it in regulation 16(1);\n“inspector” means a person appointed by the authority under section 27(1);\n“legislation” means legislation in force in the United Kingdom (whether passed, or made, before, after or at the same time as the commencement of these Regulations);\n“licence” means a licence (other than a general exploration licence or a Scottish exploration licence) granted by the authority under section 18(1) in respect of activities within section 17(2)(a) to (d) (and “licence holder” is to be construed accordingly);\n“licensed area” means the area within which activities are authorised under a licence;\n“monitoring plan” has the meaning given by regulation 7(5);\n“Monitoring Regulation” means Commission Regulation (EU) No 601/2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council,\n“operator” means the person who carries on or controls activities within the meaning of section 17(2) at a storage site;\n“post-closure plan” has the meaning given by regulation 12(3) or (4);\n“premises” includes—\n(a)any carbon storage installation; and\n(b)any land, vehicle, vessel, aircraft, hovercraft, movable structure, excluding any land, vehicle, vessel, aircraft, hovercraft, movable structure or part thereof that is used as a dwelling;\n“provisional post-closure plan” has the meaning given by regulation 12(2);\n“routine inspection” has the meaning given to it in regulation 14(1);\n“Scottish exploration licence” means a licence granted by the Scottish Ministers under section 18(1) which authorises only activities within section 17(2)(c) and the establishment or maintenance of an installation for the purpose of such activities and which does not grant to the holder the sole right to carry out exploration;\n“storage permit” means a consent granted under a licence, authorising the use of a place as a storage site; and\n“target date” has the meaning given by regulation 10(3)(a).\n(4) The following expressions have the meanings given by Article 3 of the Directive (and cognate expressions are to be construed accordingly)—\n“closure” of a storage site;\n“corrective measures”;\n“CO2 plume”;\n“CO2 stream”;\n“exploration”;\n“hydraulic unit”;\n“leakage”;\n“migration”;\n“significant irregularity”;\n“significant risk”;\n“storage complex”;\n“storage site”;\n“substantial change”;\n“waste”;\n“water column”.\n(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”.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 1(2)(a) inserted (23.12.2011) by The Storage of Carbon Dioxide (Licensing etc.) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/457), regs. 1, 3(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in reg. 1(2)(a) omitted (1.12.2021) by virtue of The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/354), regs. 1, 3(a)(i)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 1(2)(b) omitted (1.12.2021) by virtue of The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/354), regs. 1, 3(a)(ii)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 1(3) inserted (1.12.2021) by The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/354), regs. 1, 3(b)(i)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 1(3) inserted (1.12.2021) by The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/354), regs. 1, 3(b)(ii)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 1(3) inserted (1.12.2021) by The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/354), regs. 1, 3(b)(iii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 1(3) inserted (23.12.2011) by The Storage of Carbon Dioxide (Licensing etc.) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/457), regs. 1, 3(b)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in reg. 1(3) inserted (1.12.2021) by The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/354), regs. 1, 3(b)(iv)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in reg. 1(3) inserted (1.12.2021) by The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/354), regs. 1, 3(b)(v)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in reg. 1(3) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 18"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in reg. 1(3) inserted (1.12.2021) by The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/354), regs. 1, 3(b)(vi)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in reg. 1(3) inserted (1.12.2021) by The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/354), regs. 1, 3(b)(vii)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Reg. 1(5) inserted (1.12.2021) by The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/354), regs. 1, 3(c)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "O.J. No. L 140, 5.6.2009, p.114."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "O.J. No. L 143, 30.4.2004, p.56; amended by European Parliament and Council Directives 2006/21/EC (O.J. No. L 102, 11.4.2006, p.15) and 2009/31/EC."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "O.J. No. L 275, 25.10.2003, p.32; amended by European Parliament and Council Directives 2004/101/EC (O.J. No. L 338, 13.11.2004, p.18), 2008/101/EC (O.J. No. L 8, 13.1.2009, p.3) and 2009/29/EC (O.J. No. L 140, 5.6.2009, p.63)."
    },
    {
      "type": "M",
      "label": "M4",
      "text": "1998 c.17 to which there are amendments not relevant to these Regulations."
    },
    {
      "type": "M",
      "label": "M5",
      "text": "S.I. 1988/1213; amended by S.I. 1992/2378; there are other amendments that are not relevant to these Regulations."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2011/24/regulation/1",
    "retrieved_at": "2026-10-28T21:51:52.495405+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}