The Environmental Authorisations (Scotland) Amendment Regulations 2025

Made: 27th May 2025

Coming into force in accordance with regulation 1(2), (3), (4) and (5)

In accordance with section 58(4) of the 2014 Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

PART 1 — General

Citation and commencement

1

• (1) These Regulations may be cited as the Environmental Authorisations (Scotland) Amendment Regulations 2025.

• (2) These Regulations come into force on 1 November 2025 except as provided in paragraphs (3) to (5).

• (3) Regulations 1, 2, 8, 11 to 18, 20, 21, 23 to 32, 34 and 36 come into force on 1 June 2025.

• (4) Subject to paragraph (5), the following regulations come into force on 1 June 2025—

• (a) regulation 4,

• (b) regulation 6, insofar as new regulation 3(1)(a) and (c), and (2B) to be inserted into the 2018 Regulations,

• (c) regulation 7, insofar as the definitions of “radioactive substances activity” and “waste management activity” to be inserted into the 2018 Regulations,

• (d) regulation 9—

• (i) paragraph (1) insofar as new regulation 6(1)(a), (c) and (j) to be inserted into the 2018 Regulations,

• (ii) paragraph (2), insofar as it relates to schedules 2 and 9 to be inserted into the 2018 Regulations.

• (5) Notwithstanding the coming into force of the regulations as specified in sub-paragraph (4), during the period between and including 1 June 2025 and 31 October 2025—

• (a) the definition of “waste management activity” in regulation 7,

• (b) “waste management activity” for the purposes of new regulation 3(1)(c) as inserted into the 2018 Regulations, and

• (c) the provisions of schedule 2 inserting new schedule 11 into the 2018 Regulations,

apply only insofar as they relate to the activities described in paragraph 1(1) of new schedule 18 of the 2018 Regulations to be inserted by schedule 9 of these Regulations, that is, the recovery of waste by application to land for the purpose of soil improvement, and the temporary storage of waste at the place where it is to be used for that purpose.

Interpretation

2

In these Regulations—

• “the 2013 Regulations” means the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013[^f00002],

• “the 2018 Regulations” means, except in schedule 23, the Environmental Authorisations (Scotland) Regulations 2018[^f00003].

PART 2 — Amendment of the 2018 Regulations

Amendment of the 2018 Regulations

3

The 2018 Regulations are amended in accordance with regulations 4 to 40.

Amendment of regulation 2(1) (interpretation)

4

• (1) In regulation 2(1) (interpretation), the following definitions are inserted—

• (a) before the definition of “assimilated law”, insert—

• “the 2000 Commission Decision” means Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (notified under document number C(2000) 1147)[^f00004],
• “the 2013 Regulations” means the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013[^f00005],
• “abstraction” means the doing of anything whereby any water is removed or diverted by mechanical means, pipe or any engineering structure or works from any part of the water environment, whether temporarily or permanently, including anything whereby the water is so removed or diverted for the purpose of being transferred to another part of the water environment, and includes— the construction or extension of any well, borehole, water intake or other work by which water may be abstracted, and the installation or modification of any machinery or apparatus by which additional quantities of water may be abstracted by means of a well, borehole, water intake or other work,
• “asbestos” includes any of the following fibrous silicates— actinolite, amosite, anthophyllite, chrysotile, crocidolite, tremolite,

• (b) after the definition of “authorised place”, insert—

• “broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste,
• “CEN” means the European Committee for Standardization (CEN),

• (c) after the definition of “charging scheme”, insert—

• “coastal water” means water (other than groundwater) within the area extending landward from the 3 mile limit up to the limit of the highest tide or, where appropriate, the seaward limits of any bodies of transitional water, but does not include any water beyond the seaward limits of the territorial sea of the United Kingdom adjacent to Scotland,
• “co-incineration” means— the use of waste as a regular or additional fuel in a co-incineration plant, or the thermal treatment of waste for the purposes of disposal in a co-incineration plant,
• “coke” means a black material made from coal that is used as fuel for heating,
• “collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility,
• “combustion plant” means any technical apparatus in which fuels are oxidised in order to use the heat thus generated,

• (d) after the definition of “consolidated authorisation”, insert—

• “dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste,
• “disposal” in relation to waste, means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy and includes, but is not limited to, the activities listed in Annex I of the Waste Framework Directive,
• “electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current,

• (e) after the definition of “electronic communication” insert—

• “emission” means the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation or plant into air, water or land,
• “emission limit value” means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during one or more periods of time,

• (f) after the definition of “enforcing officer” insert—

• “fuel” means any solid, liquid, or gaseous combustible material,

• (g) after the definition of “general binding rules” insert—

• “groundwater” means water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil,
• “groundwater hazardous substances” means substances which have been identified by SEPA in accordance with regulation 24A of the 2013 Regulations,
• “harm to the water environment” means— harm to the health of human beings or other living organisms, harm to the quality of the water environment, including— harm to the quality of the water environment taken as a whole, other impairment of, or interference with, the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, offence to the senses of human beings, damage to property, or impairment of, or interference with, amenities or other legitimate uses of the water environment,
• “hazardous substance” means a hazardous substance or mixture as defined in Article 3 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures[^f00006],
• “hazardous waste” means waste that is— listed as hazardous in the 2000 Commission Decision, determined to be hazardous pursuant to regulation 2ZA of the Special Waste Regulations 1996[^f00007], or a specific batch of waste which is determined to be hazardous waste pursuant to regulation 2ZB of the Special Waste Regulations 1996,
• “ISO” means International Organization for Standardization (ISO),
• “impounding works” means in relation to surface water— any dam, weir or other works by which water may be impounded, any works diverting the flow of water in connection with the construction or alteration of any dam, weir or other works falling within sub-paragraph (a),
• “incineration” means the thermal treatment of waste with or without recovery of the combustion heat generated,
• “industrial emissions activity” has the meaning given in regulation 4 and schedule 19,

• (h) after the definition of “inland water”, insert—

• “land” includes land covered by waters where the land is above the low water mark of ordinary spring tides,
• “landfill” has the meaning given in paragraph 2 of schedule 13,
• “landfill activity” has the meaning given in paragraph 3 of schedule 13,
• “large combustion plant” has the meaning given in paragraph 1(2) of schedule 21,
• “loch” means a body of standing inland water,
• “municipal waste” means— mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, biowaste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture, mixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households, but does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or waste generated by construction and demolition activities,
• “non-hazardous waste” means waste which is not hazardous waste,
• “operating a medium combustion plant” has the meaning given in paragraph 1 of schedule 27,
• “organic solvents emissions activity” has the meaning given in paragraph 2 of schedule 23,

• (i) after the definition of “off-site condition”, insert—

• “other emissions activity” has the meaning given in regulation 4 and schedule 26,

• (j) after the definition of “owner”, insert—

• “petrol vapour recovery activity” has the meaning given in paragraph 2 of schedule 28,
• “pollution” means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into air, water or land which may be harmful to human health, or cause offence to any human sense, or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment,

• (k) after the definition of “radioactive substances activity”, insert—

• “rated thermal input” means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel expressed as megawatts thermal,
• “recovery” means, in relation to waste, any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy and includes, but is not limited to the activities listed in Annex II of the Waste Framework Directive,
• “recovery of waste by application to land for the purpose of soil improvement” has the meaning given in paragraphs 2 and 3 of schedule 18,
• “recycling” means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original purpose or for other purposes, including reprocessing of organic materials, but excluding energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations,

• (l) after the definition of “relevant function”, insert—

• “reuse” means any operation by which products and components that are not waste are used again for the same purpose for which they were conceived,

• (m) after the definition of “revocation notice”, insert—

• “schedule 20 emissions activity” means an activity listed in Part 4 of schedule 20 where the installed capacity is at or above any applicable threshold in Part 4, whether or not the activity is carried on below the threshold,

• (n) after the definition of “SEPA”, insert—

• “sewer”, “public sewer”, “private sewer”, “sewage treatment works” and “sewage” have the meanings given in section 59(1) of the Sewerage (Scotland) Act 1968[^f00008],
• “shellfish” includes crustaceans and molluscs of any kind, and includes any brood, ware, half-ware, spat or spawn of shellfish,

• (o) after the definition of “standard conditions”, insert—

• “storage” in relation to waste, includes keeping, managing or depositing waste,
• “substance” includes any chemical element and its compounds (including bacteria and other pathogens),
• “surface water” means inland water (other than groundwater), transitional water and coastal water,

• (p) after the definition of “technical schedule”, insert—

• “the 3 mile limit” means the limit consisting of a line every point of which is at a distance of 3 miles on the seaward side from the nearest point of the baseline from which the breadth of the territorial sea of the United Kingdom adjacent to Scotland is measured, and “miles” means international nautical miles of 1,852 metres,
• “the water environment” means all surface water, groundwater and wetlands,
• “titanium dioxide activity” has the meaning given in paragraph 1 of schedule 24,
• “transitional water” means water (other than groundwater) in the vicinity of river mouths which partly saline in character as a result of its proximity to coastal water but which is substantially influenced by freshwater flows,
• “treatment” means in relation to waste, recovery or disposal operations, including preparation prior to recovery or disposal,

• (q) for the definition of “waste”, substitute—

• “waste”, except where otherwise defined— in relation to schedule 8 and Chapter 1 of schedule 9, means any substance or article which the holder discards or intends or is required to discard, in any other case has the meaning given in section 75(2) of the Environmental Protection Act 1990[^f00009] and read in accordance with section 75A of that Act,
• “waste oil” means any mineral or synthetic lubrication or industrial oil which have become unfit for the use for which it was originally intended, such as used combustion engine oil and gearbox oil, lubricating oil, oil for turbines and hydraulic oils,
• “waste prevention” means measures taken before a substance, materials or product has become waste, which reduce— the quantity of waste, including through the re-use of products or the extension of the life span of products, the adverse impacts of the generated waste on the environment and human health, or the content of hazardous substances in materials and products,
• “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste[^f00010],
• “waste electrical and electronic equipment” means electrical or electronic equipment which is waste, including all components, subassemblies and consumables which are part of the product at the time of discarding,
• “waste management activity” has the meaning given in regulation 4 and schedule 11,
• “water activity” has the meaning given in regulation 4 and schedule 10,
• “WEEE” means waste electrical and electronic equipment,
• “wetland” means an area of ground the ecological, chemical and hydrological characteristics of which are attributable to frequent inundation or saturation by water and which is directly dependent, with regard to its waters needs, on a body of groundwater or a body of surface water.

New regulation 2A (interpretation: best available techniques (“BAT”)

5

After regulation 2 (interpretation), insert—

(2A) (1) For the purposes of these Regulations— - “best available techniques (“BAT”)” means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing the basis for emission limit values and other authorisation conditions designed to prevent, and where that is not practicable, to reduce emissions and the impact on the environment as a whole. (2) In paragraph (1)— (a) “techniques” includes both the technology used and the way in which an installation is designed, built, maintained, operated and decommissioned, (b) “available techniques” means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced within the United Kingdom as long as they are reasonably accessible to the operator, (c) “best” means most effective in achieving a high general level of protection of the environment as a whole.

Amendment of regulation 3 (interpretation: regulated activity)

6

In regulation 3 (interpretation: regulated activity)—

• (a) for paragraph (1), substitute—

(3) (1) In these Regulations, “regulated activity” means— (a) a radioactive substances activity, (b) a water activity, (c) a waste management activity, (d) an industrial emissions activity, (e) an other emissions activity.

• (b) after paragraph (2), insert—

(2A) Paragraph 2 does not apply to a person carrying on a water activity. (2B) For the purposes of paragraph 2, in relation to a waste management activity (other than the transportation of waste), “domestic activity” does not include an activity in relation to household waste carried on outwith the curtilage of the private dwelling or place of residence from which the waste arises.

• (c) after paragraph (3), insert—

(4) Where a person carries on an activity which meets the definitions of more than one of the regulated activities in regulation 4 and as specified in paragraph (1)(a) – (e) of this regulation, that person carries on each of those regulated activities.

Amendment of regulation 4 (interpretation: radioactive substances activity)

7

For regulation 4 (interpretation: radioactive substances activity), substitute—

(4) In these Regulations— - “industrial emissions activity” means— an activity listed in Part 4 of schedule 20 (“a schedule 20 emissions activity”), operating a large combustion plant, incineration and co-incineration of liquid and solid waste at a waste incineration plant or waste co-incineration plant, an organic solvent emissions activity, a titanium dioxide activity, - “other emissions activity” means— an activity listed in Part 3 of schedule 26, operating a medium combustion plant, a petrol vapour recovery activity, - “radioactive substances activity” means an activity involving either or both— radioactive material, radioactive waste, - “waste management activity” means— the storage, treatment (including sorting), recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites, the collection and transport of waste on a professional basis, acting as a dealer or broker, in or on land, or in the vicinity of land when connected with a waste management activity taking place on land, - “water activity” means— any activity liable to cause the direct or indirect introduction, as a result of human activity, of any substance or heat into the water environment which may give rise to harm to the water environment, abstraction of water from the water environment, construction or alteration of impounding works in inland water (other than in groundwater) or wetland, operation of impounding works in surface water or wetland, carrying out building or engineering works, or works other than those referred to in sub-paragraphs (c) or (d)— in inland water (other than groundwater) or wetland, or in the vicinity of inland water (other than groundwater) or wetland and having or likely to have a significant adverse impact on the water environment, artificial recharge or augmentation of groundwater, the direct or indirect discharge, and any activity likely to cause a direct or indirect discharge, into groundwater of— any groundwater hazardous substance, or any other substance or heat liable to cause harm to the water environment, any other activity which directly or indirectly has or is likely to have a significant adverse impact on the water environment.

Amendment of regulation 5 (interpretation: authorised person)

8

In regulation 5 (interpretation: authorised person)—

• (a) in paragraph (2)(c), in the opening words, for “the” substitute “an”,

• (b) after paragraph (3), insert—

(4) Where a person becomes an authorised person— (a) as a result of the operation of paragraph (2), (b) in respect of an activity which is carried on in accordance with a permit or a registration, and (c) there is a regulatory notice, surrender notice or costs recovery notice in effect in respect of that permit or registration, the duty to comply with the notice is transferred to that person.

Amendment of regulation 6 (interpretation: technical schedule)

9

• (1) For regulation 6 (interpretation: technical schedule), substitute—

(6) (1) The technical schedules are— (a) schedule 8 (radioactive substances activities), (b) schedule 10 (water activities), (c) schedule 11 (waste management activities), (d) schedule 12 (hazardous waste mixing and waste oil mixing, and treatment of waste oil activities), (e) schedule 13 (landfill activities), (f) schedule 14 (management of separately collected recyclable waste and operation of a materials facility), (g) schedule 15 (management of waste vehicles), (h) schedule 16 (management of waste electrical and electronic equipment), (i) schedule 17 (management of waste batteries), (j) schedule 18 (recovery of waste by application to land for the purpose of soil improvement), (k) schedule 19 (industrial emissions activities), (l) schedule 20 (schedule 20 emissions activities), (m) schedule 21 (operating a large combustion plant), (n) schedule 22 (incineration and co-incineration of waste at a waste incineration plant or waste co-incineration plant), (o) schedule 23 (organic solvent emissions activities), (p) schedule 24 (titanium dioxide activities), (q) schedule 25 (energy efficiency requirements for specified activities), (r) schedule 26 (other emissions activities), (s) schedule 27 (operating a medium combustion plant), (t) schedule 28 (petrol vapour recovery activities). (2) If a provision of a technical schedule is inconsistent with any other provision of these Regulations, the provision in the technical schedule prevails to the extent of that inconsistency.

• (2) Schedules 1 to 19 of these Regulations are inserted as schedules 10 to 28 of the 2018 Regulations.

Amendment of regulation 10 (general binding rules)

10

In regulation 10 (general binding rules)—

• (a) for paragraph (1), substitute—

(1) Subject to paragraph (4), a regulated activity specified in column 1 of the relevant Chapter of Part 1 of schedule 9 is authorised under these Regulations if it is carried on in compliance with the rules (“general binding rules”) specified for that activity in column 2 of the corresponding Chapter in Part 1 of the schedule.

• (b) after paragraph (3), insert—

(4) A regulated activity specified in Chapter 1 of Part 1 of schedule 9, is authorised under these Regulations to the extent that any substance is a radioactive substance and is not authorised to the extent that the activity would, if no account were to be taken of any radioactive substance, constitute a regulated activity.

Amendment of regulation 17 (form and content of a registration)

11

In regulation 17 (form and content of a registration)—

• (a) in paragraph (1)(c), for “the” where it first appears, substitute “any”,

• (b) in paragraph (2), for “the”, substitute “any”,

• (c) in paragraph (5)—

• (i) omit “either or both”,

• (ii) after sub-paragraph (b), at the end, insert—

, (c) any standard conditions, in circumstances where no standard conditions were specified at the time the registration was granted

Amendment of regulation 19 (variation of registrations)

12

In regulation 19(1) (variation of registrations), insert “or more” after “one”.

Amendment of regulation 22 (form and content of permits)

13

In regulation 22(3) (form and content of permits), after “granting”, insert “or varying”.

Amendment of regulation 24 (review of permits)

14

In regulation 24 (review of permits)—

• (a) re-number the existing provision as paragraph (1),

• (b) after paragraph (1) as re-numbered, insert—

(2) Where SEPA carries out a review under paragraph (1), any fee payable under a charging scheme for that review is payable by the authorised person.

Amendment of regulation 28 (effect of transfer)

15

In regulation 28(1) (effect of transfer), for “permit being transferred”, substitute “registration or permit being transferred”.

Amendment of regulation 30 (surrender of registration or permit)

16

In regulation 30(c)(ii) (surrender of registration or permit), after “registration”, insert “or permit”.

Amendment of regulation 31 (revocation of permits and registrations)

17

For regulation 31(revocation of permits and registrations), substitute—

(31) (1) SEPA may at any time revoke (in whole or in part) a permit or registration by— (a) serving a notice (a “revocation notice”) on the authorised person, or (b) where paragraph (2) or (3) applies— (i) publishing a revocation notice on its website, and (ii) sending a copy of the revocation notice to the last known address of the authorised person. (2) This paragraph applies where the authorised person is a sole operator who has died and— (a) an executor has not been appointed to that person’s estate, or (b) following the appointment of an executor, the estate has been wound up and the executor discharged. (3) This paragraph applies where the authorised person is a body corporate that has been dissolved. (4) In this regulation— - “dissolved” means dissolved under the law of Scotland, England and Wales, or Northern Ireland (whether or not by a process referred to as dissolution), - “wound up” means wound up under the law of Scotland, England and Wales or Northern Ireland.

Amendment of regulation 33 (determining and revising standard conditions)

18

In regulation 33 (determining and revising standard conditions), at the end, insert—

(4) SEPA may include such conditions as it thinks fit in any standard conditions.

Amendment of regulation 37 (power to require the provision of information)

19

In regulation 37(2)(b)(iii) (power to require the provision of information), after “waste” both times it appears, insert, “, including radioactive waste,”.

Amendment of regulation 38 (register)

20

In regulation 38 (register)—

• (a) in paragraph (3), at the end insert “unless otherwise specified in relation to a particular entry.”,

• (b) after paragraph (4), insert—

(5) Information contained in the register as to a permit or registration, the authorised person in relation to that permit or registration, the conditions of that permit or registration, and whether it is in force, suspended or revoked is, in the absence of evidence to the contrary, proof in any proceedings of that permit or registration, the authorised person in relation to that permit or registration, the conditions of that permit or registration and whether it is in force, suspended or has been revoked. (6) A certified extract from the register is admissible without further proof in evidence in any proceedings. (7) For avoidance of doubt, this regulation applies to information contained in the register as to a deemed permit or deemed registration. (8) In this regulation, “a certified extract” means a document certified to be a true extract from the register by any person having authority from SEPA to certify it.

Amendment of regulation 41 (application for commercial confidentiality)

21

In regulation 41 (application for commercial confidentiality), after paragraph (1), insert—

(1A) Where an application for commercial confidentiality is made to SEPA, any fee payable under a charging scheme for the application is payable by the applicant or the authorised person, as appropriate.

Amendment of regulation 46 (regulatory notices)

22

In regulation 46(5)(b) (regulatory notices), after “waste”, insert “, including radioactive waste,”.

Amendment of regulation 51 (costs recovery notices)

23

In regulation 51(costs recovery notices)—

• (a) in paragraph (1), for “, and up to the time of, service of the notice (a “costs recovery notice”)”, substitute—

— (a) a regulatory notice, (b) a revocation notice, (c) steps taken by SEPA, or arrangements made by SEPA for steps to be taken, under regulation 62, up to the time of service of the notice (a “costs recovery notice”) under this regulation.

• (b) in paragraph (2)—

• (i) in sub-paragraph (a), at the end, insert—

or to whom the duty to comply with the notice has transferred as a result of regulation 28(2),

• (ii) in sub-paragraph (b), at the end, insert—

or to whom the duty to comply with the notice has transferred as a result of regulation 29(5),

• (iii) for sub-paragraph (d), substitute—

where SEPA takes steps, or arranges for steps to be taken, under regulation 62(2) or (3)— (i) the person on whom the regulatory notice, surrender notice or revocation notice was served, (ii) the person who would have been served with the regulatory notice, surrender notice or revocation notice, or (iii) the person to whom a duty to comply with the regulatory notice, surrender notice or revocation notice has transferred under regulation 28(2) or 29(5).

Amendment of regulation 52 (payment requirements for costs recovery notices)

24

In regulation 52(2) (payment requirements for costs recovery notices), for “penalty” substitute “notice.”.

Amendment of regulation 54 (notices – general provisions)

25

In regulation 54 (notices – general provisions)—

• (a) in paragraph (2), at the end, insert—

or, where paragraph 2A applies, by being sent to the person using electronic communication. (2A) This paragraph applies where, before the notice is served, SEPA and the person upon whom it is to be served agree in writing that the notice may be sent to the person by being transmitted to an agreed electronic address, and in an agreed electronic form.

• (b) After paragraph (4), insert—

(5) Where a document is served as mentioned under paragraph (2) to a postal address in the United Kingdom or by electronic communication to an electronic address, it is to be taken to have been received 48 hours after it is sent unless the contrary is shown.

Amendment of regulation 55 (appeals to the Scottish Ministers)

26

In regulation 55(1) (appeals to the Scottish Ministers)—

• (a) in sub-paragraph (e), after “form of authorisation” the first time it appears, insert, “or has been treated as having notified an activity”,

• (b) in sub-paragraph (q), at the end, for “and” substitute “or”.

Amendment of regulation 57 (effect of notices etc. during consideration of appeal)

27

In regulation 57(2) (effect of notices etc. during consideration of appeal), at the end of sub-paragraph (f), insert—

, (g) an off-site condition under regulation 22(3)(b) by a person whose consent is required in order for the authorised person to comply with it, the appealed condition does not take effect until the day following the day on which— (i) the appeal is withdrawn, or (ii) the appeal is finally determined, and the condition is affirmed.

Amendment of regulation 59 (duty on SEPA to exercise its functions in accordance with the technical schedule)

28

• (1) In the heading to regulation 59, for “schedule”, substitute “schedules”.

• (2) In regulation 59 (duty on SEPA to exercise its functions in accordance with the technical schedule), for “schedule” substitute “schedules”.

Amendment of regulation 60 (power of SEPA to impose authorisations)

29

In regulation 60 (power of SEPA to impose authorisations)—

• (a) in paragraph (3), for “or” substitute “and”,

• (b) in paragraph (4), after (1), insert “(b) or (c)”,

• (c) after paragraph (4), insert—

(5) Where SEPA treats an activity in accordance with paragraph (1), the person or persons it considers to be in control of the carrying on of the activity are to be treated for the purposes of these Regulations as— (a) in relation to treatment as a notification, the person who makes a notification in accordance with regulation 12(3), (b) in relation to treatment as a permit or registration, the applicant.

Amendment of regulation 62 (action by SEPA)

30

In regulation 62 (action by SEPA)—

• (a) in paragraph (3), at the end, insert “, or to whom the notice or the duty to comply with the notice has transferred.”,

• (b) in paragraph (4)(b), after “served” insert, “, or to whom the notice or the duty to comply with the notice has transferred,”,

• (c) in paragraph (5)(a), after “notice” insert,“, or to whom the duty to comply with a regulatory notice has transferred.”,

• (d) in paragraph 5(b), for “or revocation notice”, substitute—

notice or upon whom the duty to comply with a surrender notice has transferred, or (c) SEPA served a revocation notice, or to whom a revocation notice has transferred.

Amendment of regulation 63 (accelerated applications)

31

In regulation 63 (accelerated applications)—

• (a) in paragraph (1)(b), after “initiated by SEPA”, insert “in relation to a permit”,

• (b) in paragraph (6), in the opening words, delete “in so far as it is practicable to do so”.

Amendment of regulation 64 (consolidation of permits and registrations)

32

In regulation 64 (consolidation of permits and registrations), after paragraph (9), insert—

(9A) Where SEPA carries out a SEPA initiated consolidation under paragraph (2) or (4), any fee payable under a charging scheme for that consolidation is payable by the authorised person.

Amendment of regulation 67 (SEPA’s public participation statement)

33

In regulation 67(2) (SEPA’s public participation statement)—

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

• (b) after sub-paragraph (a) insert—

(aa) paragraph 1A of schedule 1 (pre-application community engagement), and

Amendment of regulation 69 (offences)

34

In regulation 69 (offences), after paragraph (1)(l), insert—

(la) knowingly causes false information or, information falsely purporting to be a copy or reproduction of information, to be contained in the register required to be maintained by SEPA under regulation 38 of these Regulations.

Amendment of schedule 1 (registrations and permits: procedures)

35

In schedule 1(registrations and permits: procedures)—

• (a) before paragraph 1, insert—

(1A) (1) SEPA may require a person who intends to apply for a permit or a variation to an existing permit to consult with members of the public likely to be affected by the proposed activity or variation. (2) SEPA may require that person to take such steps as SEPA considers appropriate.

• (b) after paragraph 2(1)(b), before “and” insert—

(ca) any information relating to pre-application community engagement required by SEPA under paragraph 1A.

• (c) in paragraph 4—

• (i) renumber the existing provision as sub-paragraph (1),

• (ii) after sub-paragraph (1) as renumbered, insert—

(2) Where an application is modified by the applicant, any fee payable under a charging scheme for the modification of an application is payable by the applicant.

• (d) in paragraph 7(3)—

• (i) in head (b), for “has the potential”, substitute “is likely”,

• (ii) in head (c), at the end, insert, “having regard to the public participation statement”,

• (e) in paragraph 8—

• (i) after sub-paragraph (1)(d), insert—

(e) the times and places where, or the means by which, public consultees may access copies of the application, proposed SEPA initiated variation and any other relevant information required to be publicised.

• (ii) in sub-paragraph (2), omit “(a) or (b)”,

• (iii) in sub-paragraph (3), omit “further”,

• (f) in paragraph 12, omit sub-paragraphs (1)(c) and (2),

• (g) in paragraph 13, after sub-paragraph (2), insert—

(3) Where SEPA issues a SEPA initiated variation notice under regulation 25, any fee payable under a charging scheme for the variation is payable by the authorised person.

• (h) in paragraph 14(3), omit “on the date specified in the notice and”,

• (i) in paragraph 15—

• (i) for sub-paragraph (1)(a)(v), substitute—

(v) remove any equipment, plant, articles, waste (including radioactive waste) or substances associated with the activity which adversely affect the amenity of the authorised place and surrounding area or otherwise take steps to preserve the amenity of the authorised place or surrounding area,

• (ii) in sub-paragraph (1)(b)(i) and (ii), after “effect”, insert “in whole or in part”,

• (iii) in sub-paragraph (5)(b) for “applicant” substitute “authorised person”,

• (j) in paragraph 16—

• (i) for sub-paragraph (1)(a)(v), substitute—

(v) remove any equipment, plant, articles, waste (including radioactive waste) or substances associated with the activity which adversely affect the amenity of the authorised place and surrounding area or otherwise take steps to preserve the amenity of the authorised place or surrounding area,

• (ii) in sub-paragraph (1)(d)(i), for “or” substitute “and”,

• (iii) after sub-paragraph (2), insert—

(3) SEPA may impose an off-site condition in a revocation notice.

• (k) in paragraph 18(b), at the end, omit—

, in respect of which a third party representation has been made

• (l) after paragraph 19(1), insert—

(1A) The Scottish Ministers must consult SEPA before issuing a direction under sub-paragraph (1),

• (m) omit paragraphs 20 to 22,

• (n) in paragraph 24, omit the definition of “third party representation”,

• (o) after paragraph 24, insert—

(25) (1) This paragraph applies to a function of the Scottish Ministers in connection with a matter referred to them for determination in compliance of a direction made under paragraph 19(1). (2) Where this paragraph applies, the Scottish Ministers may— (a) appoint a person to exercise any such function on their behalf, with or without payment, (b) refer a matter to a person they may appoint for the purpose, with or without payment.

Amendment of schedule 2 (off-site conditions)

36

In schedule 2 (off-site conditions)—

• (a) in paragraph 3(2)(b), after “permit”, insert “or the person upon whom a notice imposing an off-site condition was served”,

• (b) in paragraph 3(3)(b)—

• (i) after “person”, the second time it appears, insert “or the person upon whom a notice imposing an off-site condition was served”,

• (ii) delete “authorised”, the second time it appears.

Amendment of schedule 3 (register)

37

In schedule 3 (register)—

• (a) in Table 1—

• (i) after entry 7, insert—

7A.	Any notice given by SEPA to an applicant under paragraph 6 of schedule 1, and where applicable, any information provided in response to such a notice.

• (ii) after entry 13, insert—

13A.	Any licence, permit, registration or authorisation granted by SEPA which is a deemed permit, registration or authorisation under these Regulations.

• (iii) in entry 37, for “Any” substitute “An”,

• (iv) in entry 38, for “inspection report” substitute “programme of inspections (as defined in schedule 8)”,

• (v) after entry 38, insert—

39.	Any exemptions applied by SEPA in accordance with regulation 24(3) of the 2013 Regulations.	Any exemptions applied by SEPA in accordance with regulation 24(3) of the 2013 Regulations.
40.	Notification of a refusal by SEPA under paragraph 9(1) of schedule 1 for an application in relation to a waste incineration plant or waste co-incineration plant.	Notification of a refusal by SEPA under paragraph 9(1) of schedule 1 for an application in relation to a waste incineration plant or waste co-incineration plant.
41.	A list of all waste incineration plant and co-incineration plant with a nominal capacity of less than 2 tonnes per hour in operation.	A list of all waste incineration plant and co-incineration plant with a nominal capacity of less than 2 tonnes per hour in operation.
42.	In relation to any decision on an application or SEPA initiated variation for a schedule 20 emissions activity—	In relation to any decision on an application or SEPA initiated variation for a schedule 20 emissions activity—
42.	(a)	notification of a refusal by SEPA under paragraph 9(1) of schedule 1,
42.	(b)	the reasons for any decision under paragraph 9(1) of schedule 1,
42.	(c)	how any representations made in response to a consultation by SEPA were taken into account by SEPA in reaching their decision,
42.	(d)	the title of the BAT reference documents as defined in paragraph 3(1) of schedule 19, relevant to the activity,
42.	(e)	how the permit conditions, including emission limit values have been determined in relation to the best available techniques and emission levels associated with the best available techniques,
42.	(f)	where a derogation is granted under paragraph 9(6) of schedule 20, the reasons for that derogation with reference to the criteria in paragraph 9(6) of schedule 20,
42.	(g)	that the decision is subject to consultations with a neighbouring state(s) as a result of paragraph 18 of schedule 20.
42.	The information in sub-paragraphs (a), (b) (f) must be made available electronically.	The information in sub-paragraphs (a), (b) (f) must be made available electronically.
43.	In relation to a decision to grant a surrender application for a schedule 20 emissions activity, a copy of any notice issued by SEPA under paragraph 15(5)(b) of schedule 1 confirming that steps specified in a surrender notice have been satisfied. This information must be made available electronically.	In relation to a decision to grant a surrender application for a schedule 20 emissions activity, a copy of any notice issued by SEPA under paragraph 15(5)(b) of schedule 1 confirming that steps specified in a surrender notice have been satisfied. This information must be made available electronically.
44.	The site visit report in relation to an inspection conducted under paragraph 14 of schedule 20.	The site visit report in relation to an inspection conducted under paragraph 14 of schedule 20.

• (vi) in entries 2, 3, 4, 6, 8, 13, 14, 15 and 32, insert, at the end—

Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.

• (b) in paragraph 1—

• (i) after “non-compliance penalty”, insert “and”,

• (ii) omit “and “notice of intent””.

Amendment of schedule 4 (provisions relating to appeals)

38

In schedule 4 (provisions relating to appeals)—

• (a) in paragraph 4—

• (i) in sub-paragraph (b) before “withdrawal” insert “deemed”,

• (ii) in sub-paragraph (c) delete “of determination”,

• (iii) in sub-paragraph (d)—

• (aa) for “the authorised person”, substitute “another person”,

• (bb) for “an authorisation”, substitute “a notice or permit”,

• (cc) for “of the notice”, substitute “that a copy of the notice or permit is”,

• (dd) for “3” substitute “4”,

• (b) in paragraph 24, for “inquiry” substitute “hearing”.

Amendment of schedule 8 (radioactive substances activities)

39

In schedule 8 (radioactive substances activities)—

• (a) in paragraph 1—

• (i) the current paragraph becomes sub-paragraph (2),

• (ii) before sub-paragraph (2) as renumbered, insert—

(1) This schedule applies to radioactive substances activities.

• (b) in paragraph 2—

• (i) for sub-paragraph (1)(d), substitute—

(d) the disposal of radioactive waste at a landfill or at a waste incineration plant or waste co-incineration plant where— (i) the radioactive waste may be disposed of in solid waste that is not radioactive waste in accordance with the general binding rules in Chapter 1 of schedule 9, and (ii) the radioactive waste has not been segregated from waste that is not radioactive waste,

• (ii) for sub-paragraph (1)(e), substitute—

(e) the disposal of radioactive waste described in paragraph 6(1)(a) or (b) in a landfill or at a waste incineration plant or waste co-incineration plant where the activity of the radioactive waste does not exceed the concentrations specified in schedule 9, Part 3, Table 1, Column 2.

• (c) in paragraph 3, omit the definitions of “PPC permit” and “waste management licence”,

• (d) in paragraph 4—

• (i) in sub-paragraph (1)—

• (aa) in the definition of “disposal”, in the opening words, before “includes”, insert “, in relation to radioactive waste,”,

• (bb) after the definition of “disposal” insert—

• “high-activity sealed source” means a sealed source where the activity of the contained radionuclide is equal to or exceeds the relevant activity value laid down in Table 4,

• (cc) in the definition of “nuclear site”, renumber paragraph (e) as (a), and paragraph (f) as (b),

• (dd) after the definition of “radioactive substance” insert—

• “sealed source” means a radioactive source in which the radioactive substance is permanently sealed in a capsule or incorporated in a solid form with the objective of preventing under normal conditions of use, any dispersion of radioactive substances.

• (ii) in sub-paragraph (2), before “waste” each time it appears, insert “radioactive”,

• (e) in paragraph 5, omit the definitions of “high-activity sealed source” and “sealed source”,

• (f) in paragraph 6(4), after “radioactive”, insert “,”,

• (g) in paragraph 13(b), before “waste” the second time it appears, insert “radioactive”,

• (h) in paragraph 14(2)—

• (i) omit head (a),

• (ii) in head (b), after “site”, insert “arising from the operation or decommissioning of that nuclear site”,

• (i) in paragraph 18—

• (i) in sub-paragraph (1), before “waste” each time it appears, insert “radioactive”,

• (ii) in sub-paragraph (3), for “high-activity sealed source” substitute “sealed source in IAEA Categories 1 to 4”,

• (j) in paragraph 19—

• (i) after “unless”, insert—

—

• (ii) from “the activity” to the end becomes sub-paragraph (a),

• (iii) at the end of new sub-paragraph (a), insert—

insofar as those regulations apply to the activity, or (b) it is an existing class or type of practice.

• (k) in paragraph 22(2), after “carried on”, insert “at”,

• (l) in paragraph 23(c)(vii), before “waste”, on each occasion it appears, insert “radioactive”,

• (m) in paragraph 26—

• (i) for the heading, substitute “General Principles of Radiological Protection: Optimisation and Dose Limitation”,

• (ii) in sub-paragraph (2), after “individual”, insert “member of the public”,

• (iii) for sub-paragraph (4)(a) substitute—

(a) ICRP publication 144: Dose Coefficients for External Exposures to Environmental Sources[^f00011]

• (n) in paragraph 27(1), after “doses”, insert “to an individual member of the public”,

• (o) in paragraph 36(1)—

• (i) in the opening words, before “waste” the second place it occurs, insert “radioactive”,

• (ii) in head (a), before “waste”, insert “radioactive”,

• (p) in Part 6, in column 2 of Table 4—

• (i) for “6 x 10 -2” in each place it appears, substitute—

6 x 10⁻²

• (ii) for “2 x 10 -2”, substitute—

2 x 10⁻²

• (iii) for “5 x 10 – 2”, substitute—

5 x 10⁻²

• (iv) for “3 x 10 -2”, substitute—

3 x 10⁻²

• (v) for “1 x 10 -1”, substitute—

1 x 10⁻¹

• (vi) for “1 x 10 0”, in each place it appears, substitute—

1

• (vii) for “8 x 10 -2”, substitute—

8 x 10⁻²

• (viii) for “4 x 10 1”, substitute—

4 x 10¹

• (ix) for “4 x 10 – 2”, substitute—

4 x 10⁻²

• (x) for “2 x 10 -1”, substitute—

2 x 10⁻¹

• (xi) for “2 x 10 1”, substitute—

2 x 10¹

• (xii) “3 x 10 – 1”, substitute—

3 x 10⁻¹

Amendment of schedule 9 (general binding rules)

40

In schedule 9 (general binding rules), in Part 1—

• (a) after the Part heading (general binding rules), insert—

• (b) in the table entry for activity 2—

• (i) in column 1, after “management”, insert “(other than the treatment and disposal),”,

• (ii) in column 2—

• (aa) for paragraph (c), substitute—

(c) a smoke detector must not be transferred to a person who is not legally entitled to manage it.

• (bb) omit paragraph (d),

• (c) in the table entry for activity 5, in column 2, in paragraph (c), omit “waste”,

• (d) in the table entry for activity 7, in column 2—

• (i) in paragraphs (b) and (d), before “waste” each time it appears, insert “radioactive”,

• (ii) after paragraph (e) insert—

(f) the maximum amount of uranium or thorium that can be held on a premises at any time is 5 kilograms.

• (e) in the table entry for activity 8, in column 2—

• (i) in paragraph (e), before “waste” insert “radioactive”,

• (ii) in paragraphs (f), (g) and (h)—

• (aa) omit “human” wherever it appears,

• (bb) before “waste” each time it appears, insert “radioactive”,

• (iii) after paragraph (h) insert—

(i) the maximum amount of a radioactive substance that can be held on a premises at any time is— (i) 1 x 10⁹ becquerels of Tc-99m, and (ii) 2 x 10⁸ becquerels of all other radionuclides, no more than 1 x 10⁸ becquerels of which may be radioactive material.

• (f) in the table entry for activity 10—

• (i) in column 1, substitute—

(10) The disposal of gaseous radioactive waste which contains no radionuclides other than Kr-85.

• (ii) in column 2, in paragraphs (a) and (b), before “waste” insert “radioactive”,

• (g) in the table entry for activity 11,

• (i) in column 1—

• (aa) in paragraph (a), for “column 2” substitute “column 3”,

• (bb) in paragraph (b), for “column 3” substitute “column 2”,

• (ii) in column 2—

• (aa) in paragraph (f)(i), for “T1-201”, substitute, “Tl-201”,

• (bb) in paragraph (h), before “waste” insert “radioactive”,

• (cc) after paragraph (h) insert—–

(i) the total activity of radioactive waste disposed of in normal refuse in a year must not exceed— (i) 2 x 10⁹ becquerels for tritium or C-14, (ii) 2 x 10⁸ becquerels for any other radionuclide,

• (h) after table, insert—