The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002

Made: 6th June 2002

Laid before Parliament: 7th June 2002

Coming into force: 1st July 2002

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002, and shall come into force on 1st July 2002.

• (2) These Regulations extend to Scotland only.

Interpretation

2

• (1) In these Regulations–

• “code of good agricultural practice” means those parts of the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity which are aimed at reducing pollution by nitrates and which was issued by the Scottish Ministers on 11th March 2005, having been approved by virtue of the Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 2005;

• ...

• “the 1991 Directive” means Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources ;

• “ the 1996 Regulations” means the Protection of Water against Agricultural Nitrate Pollution (Scotland ) Regulations 1996 ;

• ...

and any expressions used in the 1991 Directive have the same meaning as in that Directive.

• (2) Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations, and any reference in these Regulations to a numbered Article is to the Article so numbered in the 1991 Directive.

Nitrate vulnerable zones

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication of maps

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Codes of good agricultural practice

5

The code of good agricultural practice shall have effect as the code of good agricultural practice established for the purposes of Article 4 of the Directive.

Amendment of the 1996 Regulations

6

• (1) The 1996 Regulations are amended as follows.

• (2) In regulation 2(1) (interpretation)–

• (a) for the definition of “code of good agricultural practice ” there is substituted–

“code of good agricultural practice” means those parts of the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity Nitrogen and Phosphorous Supplement published in 2001 by the Scottish Executive which are aimed at reducing pollution by nitrates

• (b) the definition of “first nitrate vulnerable zone ” is omitted; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In regulation 6 (action programmes)–

• (a) in paragraph (3) the words “Subject to paragraph (3A) below,” are omitted;

• (b) paragraph (3A) is omitted; and

• (c) for paragraph (4), there is substituted–

(4) An action programme shall be implemented within four years of its establishment.

Revocations and savings provision

7

• (1) Subject to paragraph (2), regulation 3(1) of and Schedule 4 to the 1996 Regulations are hereby revoked.

• (2) Notwithstanding the revocation of regulation 3(1) of and Schedule 4 to the 1996 Regulations, the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 1998 shall continue to apply to the area of land specified in paragraph 1 of Schedule 4 to the 1996 Regulations.

Signed

ROSS FINNIE — A member of the Scottish Executive — 2002-06-06

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

[^f00002]: Approved by the Scottish Executive by virtue of S.S.I. 2001/175.

[^f00003]: O.J. No. L 375, 31.12.91, p.1.

[^f00004]: S.I. 1996/1564; amended by S.I. 1998/2927 and S.S.I. 2000/96.

[^f00005]: The existing definition was inserted by S.S.I. 2002/96.

[^f00006]: The existing definition was inserted by S.S.I. 2000/96.

[^f00007]: S.S.I. 2002/276.

[^f00008]: Regulation 6(3) was substituted by S.S.I. 2000/96.

[^f00009]: Regulation 6(3A) was inserted by S.S.I. 2000/96.

[^f00010]: Regulation 3(1) was amended by, and Schedule 4 was inserted by S.S.I. 2000/96.

[^f00011]: S.I. 1998/2927.

Editorial notes

[^c9803381]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

[^c9803401]: O.J. No. L 375, 31.12.91, p.1.

[^c9803411]: S.I. 1996/1564; amended by S.I. 1998/2927 and S.S.I. 2000/96.

[^c9803421]: The existing definition was inserted by S.S.I. 2002/96.

[^c9803431]: The existing definition was inserted by S.S.I. 2000/96.

[^c9803451]: Regulation 6(3) was substituted by S.S.I. 2000/96.

[^c9803461]: Regulation 6(3A) was inserted by S.S.I. 2000/96.

[^c9803471]: Regulation 3(1) was amended by, and Schedule 4 was inserted by S.S.I. 2000/96.

[^c9803481]: S.I. 1998/2927.

[^key-a27c4b39291a04f315d94d0b7122f72b]: Words in reg. 2(1) substituted (25.6.2005) by The Nitrate (Public Participation etc.) (Scotland) Regulations 2005 (S.S.I. 2005/305), regs. 1, 3

[^key-8c1252575b6818a78b32de6dd9f09237]: Words in reg. 2(1) omitted (2.2.2015) by virtue of The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2014 (S.S.I. 2014/373), regs. 1(1), 5(3)(a)

[^key-99b6fbc180c49a7cafcce3ed0084c94b]: Reg. 3 revoked (2.2.2015) by The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2014 (S.S.I. 2014/373), regs. 1(1), 5(3)(b)

[^key-346a9d253701b330b50daf17f5d7d53f]: Reg. 4 revoked (2.2.2015) by The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2014 (S.S.I. 2014/373), regs. 1(1), 5(3)(b)

[^key-b42c7d7666b70160de4adc3d02cf9e8c]: Reg. 6(2)(c) revoked (2.2.2015) by The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2014 (S.S.I. 2014/373), regs. 1(1), 5(3)(b)