A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

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The Control of Pollution (Radioactive Waste) (Scotland) Regulations 1991

S.I. 1991 No. 2539 (S.200)

The Secretary of State, in exercise of the powers conferred on him by section 30(5) of the Control of Pollution Act 1974, as applied by section 56(6) of that Act,1 and of all other powers enabling him in that behalf, hereby make the following Regulations:


Citation, commencement and extent

1. These Regulations may be cited as the Control of Pollution (Radioactive Waste) ( Scotland) Regulations 1991, shall come into force on 2nd December 1991 and shall extend to Scotland only.


Interpretation

2. In these Regulations--

"the 1960 Act" means the Radioactive Substances Act 1960; "the 1974 Act" means the Control of Pollution Act 1974; and "radioactive waste" has the same meaning as in the 1960 Act.2


Certain provisions of Part II of the 1974 Act to apply to radioactive waste

3. The provisions of the 1974 Act specified in the Schedule to these Regulations shall have effect, without modification, in relation to any radioactive waste as they have effect in relation to effluent or other matter or substance which is not radioactive waste.


Modification of the 1960 Act

4. Revoked by the Radioactive Substances Act 1993 (c. 12), s. 50, sch.6, pt.IV. This amendment came into force on 27 August 1993: s.51(2).


Revocations

5. The Control of Pollution (Radioactive Waste) Regulations 1984,3 so far as still in force, and the Control of Pollution (Radioactive Waste) Regulations 19854 are hereby revoked.


SCHEDULE

(Regulation 3)

Provisions of Part II of the 1974 Act Subject matter of provisions
applied5
Section 30A Waters to which Part II applies
Section 30B Classification of quality of waters
____________________
1
S.30(5), which is prospectively repealed by the Environmental Protection Act 1990, s.162, sch.16, part. II, contains similar wording to the prospective amendment of s.56(6) set out at p.50 above. The present wording of s.56(6) is set out at p.50 above, note 5. See also the definitions of "prescribed" and "regulations" in section 105(1) of the 1974 Act, p.61 above.
2
"Radioactive waste" is defined by s.2 of the Radioactive Substances Act 1993, p.384 above. The 1993 Act consolidates the 1960 Act and other enactments.
3
S.I. 1984/863.
4
S.I. 1985/708.
5
Part II of the 1974 Act begins at p.18 above.

-648-

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