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[Scotland] Water Environment and Water Services Legislation Update

These are the Water Environment and Water Services (Scotland) Act 2003 (Modification of Part 1) Regulations 2015 which come into force on 14th September 2015 (“the Regulations”). These Regulations alter the implementation of Part 1 of the Water Environment and Water Services (Scotland) Act 2003 (“the Act”). In particular regulations 2 and 3 make the following amendments:

What are the significant regulatory changes implied by Regulation 2 ?

Regulation 2 of the Regulations makes two significant changes
  • It changes references tothe Directive” in Part 1 of the Act and defines them as referring to Directive 2000/60/EC of the European Parliament and of the Council which was last amended by Commission Directive 2014/101/EU.
  • It also modifies sections 2(1) and (2) of the Act, which makes Scottish Ministers, the Scottish Environment Protection Agency and responsible authorities exercise functions to ensure compliance with the Groundwater Directive and the Priority Substances Directive.

What are the necessary compliance requirements provided with Regulation 3 ?

Regulation 3 revokes certain provisions of the Water Environment (Groundwater and Priority Substances) (Scotland) Regulations 2009, these are superseded by virtue of regulation 2. It is stated that the provisions in these Regulations provide the necessary compliance with the following:
  • “Decision No 2455/2001/EC, Directive 2008/32/EC, Directive 2008/105/EC, Directive 2009/31/EC, Directive 2013/39/EU and Commission Directive 2014/101/EU;
  • Directive 2006/118/EC (as amended by Commission Directive 2014/80/EU); and
  • Directive 2008/105/EC (as amended by Directive 2013/39/EU)”
For more detailed information on the changes made by these Regulations please refer to the legislation directly.

Red-on-line EHS Legal Specialist

Sources:

These are the Water Environment and Water Services (Scotland) Act 2003 (Modification of Part 1) Regulations 2015 (SI 2015 No 270) published on 24th June 2015 on www.legislation.gov.uk

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