The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003

Scottish Statutory Instrument 2003 No. 51 — creates 2 criminal offences.

2offences created

0recorded in force

2revoked

Made: 28 January 2003
In force from: 20 February 2003
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations establish an action programme for the nitrate vulnerable zones which were designated in Scotland by regulation 3(1) of the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002 (S.S.I. 2002/276) and regulation 3 of the Designation of Nitrate Vulnerable Zones (No. 2) (Scotland) Regulations 2002 (S.S.I. 2002/546). The Regulations further implement, as regards Scotland, the requirements in Article 5 of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (O.J. No. L 375, 31.12.91, p.1) to establish such a programme for those zones. Regulation 3 of these Regulations requires the occupier of a farm which is in a nitrate vulnerable zone to ensure that the action programme set out in the Schedule to the Regulations is implemented in relation to the part of the farm which is in the nitrate vulnerable zone. These Regulations provide for monitoring of the action programme (regulation 6), for notices to be served requiring remedial action where there is, or has been, a contravention of the requirement in regulation 3 to ensure the action programme is implemented (regulation 4), and for a procedure to appeal against notices requiring remedial action (regulation 5). Breaches of regulations 3, 4 and 6 are made criminal offences (regulation 7). A Regulatory Impact Assessment in relation to these Regulations has been placed in the library of the Scottish Parliament and copies can be obtained from the Water Environment Unit, Scottish Executive Rural Affairs Department (SEERAD), Victoria Quay, Leith EH6 6QQ.

Offences created by this instrument

Any person who fails to comply with a requirement imposed by regulation 3, or by a notice served on that person under… regulation 7(1) · Revoked · Strict liability
Any person who fails to comply with a requirement imposed by regulation 6 shall be guilty of an offence and liable, on… regulation 7(2) · Revoked · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2003