The Scottish Ministers, in exercise of the powers conferred by sections 7(3) and 161(5) of the Environmental Protection Act 1990(a) hereby give the following directions to the Scottish Environment Protection Agency with respect to the carrying out of its functions under the Act.
Citation, commencement and application
1. These Directions may be cited as the Environmental Protection (Combustion Plants) (Scotland) Directions 2002 and shall come into force on 27th November 2002.
2. These Directions extend to Scotland only.
3. In these Directions-
- "authorisation" means an authorisation granted under section 6 of the Environmental Protection Act 1990;
- "combustion plant" means a combustion plant as defined in Article 2(7) of the Directive and to which the Directive applies(b);
"the Directive" means Council Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants(c);
"SEPA" means the Scottish Environment Protection Agency.
Conditions in authorisations
4. SEPA shall take the necessary steps to ensure that any authorisation relating to a combustion plant includes such conditions as SEPA considers necessary to give effect to the relevant requirements of the Directive (including any exemptions, exceptions, derogations and other qualifications provided for by the Directive) in accordance with the timetable in the Directive.
5. SEPA shall not apply Article 4(3) of the Directive while "The UK Plan for the Reduction of Emissions into the Air of Sulphur Dioxide and Oxides of Nitrogen from Existing Large Combustion Plants" (20th December 1990), as amended, remains in force.
6. If the plan referred to in paragraph 5 is revoked, SEPA shall apply Article 4(3)(a) (including any exemptions, exceptions, derogations and other qualifications provided for by the Directive) unless a national emissions reduction plan implementing Article 4(3)(b) of the Directive is in force.
Security of energy supplies
7. In any case where Article 7(1) or (3) of the Directive applies, SEPA shall refer to the Scottish Ministers the question of whether there is "an overriding need to maintain energy supplies" in Scotland.
8. The Large Combustion Plant (New Plant) (Scotland) Directions 1992 are hereby revoked.
David A. Rogers
A member of the staff of the Scottish Ministers
5 November 2002
(a) 1990 c.43. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).
(b) See articles 1 and 2(7) of the Directive.
(c) O.J.E.C. L 309, 27.11.2001, page 1.
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