The Environmental Liability (Scotland) Regulations 2009

Scottish Statutory Instrument 2009 No. 266 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 23 June 2009
In force from: 24 June 2009
Extent: Not stated
Subject: Energy, communications, water and utilities
Made under: European Communities Act 1972, Schedule2 to, the 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 implement Directive2004/35/CE of the European Parliament and Council on environmental liability with regard to the prevention and remedying of environmental damage. They apply to environmental damage to protected species, natural habitats, water and land (regulation4). They provide that, for certain economic activities, where there is an imminent risk of environmental damage, the responsible operator must take steps to prevent it. If environmental damage has occurred the responsible operator must prevent further damage (regulations10 to12). Competent authorities are designated and these bodies have certain duties and powers (regulations7 to 12, 14, 15, 17 and18). The Regulations provide for interested parties being able to request a competent authority to take action in certain circumstances (regulation14). The Regulations make provision as to who bears the costs of carrying out any preventive or remedial measures (regulation17). Breach of certain provisions of the Regulations is an offence punishable either on summary conviction or indictment (regulation19). The Schedules to the Regulations set out the occupational activities covered (Schedule1), supplementary provisions in respect of powers of entry (Schedule2), remediation measures (Schedule3), and compensation provisions in relation to grants of entry (Schedule4). A Transposition Note and Partial Regulatory Impact Assessment (RIA) have been prepared in connection with these Regulations and placed in the Scottish Parliament Information Centre. Copies of the RIA can be obtained from the Scottish Government, Enterprise and Industry Division, Meridian Court, Cadogan Street, Glasgow, G2 6AT. Copies of the Transposition Note can be obtained from the Scottish Government, Environmental Quality Directorate, Victoria Quay, Edinburgh, EH66QQ.

Offences created by this instrument

Preventive measures regulation 10(6) · Status not determined · Strict liability
Identification and determination of remedial measures regulation 11(7) · Status not determined · Strict liability
Operator to take remedial action regulation 12(5) · Status not determined · Strict liability
Allocation of costs regulation 18(4) · Status not determined · 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 2009