Scottish Statutory Instrument
2012
Scotland
Repealed
Pollution Prevention and Control (Scotland) Regulations 2012
At a glance
Enforced by
What's here
3 compliance obligations
Penalty landscape
1 of 3 obligations carry imprisonment (5 years). 2 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 1
- Operator 1
Plus 1 non-business duty on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Operators also bound by 730 other Acts (top 5 shown)
- Regulation (EU) No 965/2012 (Air Operations) 2012 138 duties
- Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 2018 121 duties
- Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 2012 112 duties
- Space Industry Regulations 2021 2021 75 duties
- Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 2016 66 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — GENERAL
Browse 10 other sections in this Part — procedural / definitional / commencement
Interpretation: general
Interpretation: enactments etc.
Interpretation: best available techniques, etc.
SEPA : duties relating to best available techniques
SEPA: application forms
SEPA: information relating to right of appeal
The Scottish Minsters and SEPA: service of notices
Electronic communications
Interpretation: medium combustion plant
Part II — COMPETENT AUTHORITY
Browse 1 other section in this Part — procedural / definitional / commencement
Part III — GRANTING OF PERMITS
Browse 29 other sections in this Part — procedural / definitional / commencement
Permits: requirement for a permit
Permits: interpretation
Permits: application for a permit
Permits: authorised operations
Permits: powers to include conditions
Permits: consolidation
Permits: greenhouse gas emissions
Permits: fit and proper person
Permits: transfer and cessation
Schedule 1 activities
Schedule 1: general principles
Schedule 1 conditions : best available techniques
Schedule 1 conditions: general provisions
Schedule 1 conditions: off-site conditions
Schedule 1 conditions: emission limit values and environmental quality standards
Schedule 1 conditions: large combustion plants
Schedule 1 conditions: titanium dioxide
Schedule 1 conditions: mixing separately collected waste
Schedule 1 conditions: incineration and co-incineration of waste
Schedule 1 conditions: incineration of batteries
Schedule 1 conditions: waste oils
Schedule 1 conditions: volatile organic compounds
Schedule 2 activities
Solvents: conditions
Solvents installations: abatement equipment
Schedule 1 conditions: materials facilities
Schedule 1 conditions: medium combustion plants
Schedule 1A: Energy Efficiency Directive
Schedule 1B: Medium Combustion Plant Directive
Part IV — STANDARD RULES
Browse 8 other sections in this Part — procedural / definitional / commencement
Standard rules
Standard rules: conditions
Standard rules: consultation
Standard rules: rules by the Scottish Ministers
Standard rules: publication
Standard rules: revision
Standard rules: revocation
Part IV: interpretation
Part V — REVIEW, VARIATION AND CESSATION OF PERMITS
Browse 7 other sections in this Part — procedural / definitional / commencement
Part VI — COMPLIANCE
SEPA: duty to ensure compliance
Other duties (1) — Crown / regulator
- SEPA must ensure business compliance with pollution permits Statutory regulator
Operators: duty to report breach of permit
- Report any breach of permit conditions to SEPA Operator
Browse 5 other sections in this Part — procedural / definitional / commencement
Part VII — APPEALS
Browse 2 other sections in this Part — procedural / definitional / commencement
Part VIII — THE SCOTTISH MINISTERS
Browse 3 other sections in this Part — procedural / definitional / commencement
Part IX — INFORMATION AND PUBLICITY
Browse 4 other sections in this Part — procedural / definitional / commencement
Part X — PROVISION AS TO OFFENCES
Offences
5 years imprisonment- Breach environmental permit conditions or pollution regulations Any Person
Browse 3 other sections in this Part — procedural / definitional / commencement
Part XI — CROWN APPLICATION, ETC
Browse 4 other sections in this Part — procedural / definitional / commencement
Application to the Crown
Transitional provisions
Consequential amendments
Revocations
Schedules
Browse 222 other Schedules — structural / supplementary
ACTIVITIES AND INSTALLATIONS AND MOBILE PLANT
SOLVENT EMISSIONS
GRANT OF PERMITS
LIST OF POLLUTING SUBSTANCES
APPEALS TO THE SCOTTISH MINISTERS
SAVINGS AND TRANSITIONAL PROVISIONS
(1) A reference in Part 1 to the table in...
In Part 1 of this Schedule— “background quantity” means, in...
In this Part— “fume cupboard” has the meaning given by...
An activity is not an activity described in Part 1...
Paragraph 3(2)(d) only applies to a waste incineration installation—
(1) The use of a fume cupboard is not an...
References in Part 1 to related activities are references to...
(1) This paragraph applies for the purpose of determining whether...
Unless the context otherwise requires, where an activity falls within...
A reference in this Part or in Part 1 to,...
Energy Efficiency Directive
Application of Schedule
The requirements of paragraphs 8 and 13 of Schedule 4...
The cost-benefit analysis must be carried out in accordance with...
Determination of applications
Where a cost-benefit analysis required in the case referred to...
Where a cost-benefit analysis required in the case referred to...
SEPA must ensure, in respect of a permit for a...
Paragraphs 13 and 14 do not apply if SEPA decides...
SEPA must, in any case where it makes a decision...
Interpretation
(1) This Schedule does not apply to individual installations, except...
This Schedule does not apply to— (a) peak load and...
(1) Where this schedule does not apply to an installation...
Applications and cost-benefit analysis
An application in respect of a Part B installation where...
Paragraphs 4 and 5 do not apply to any installation...
No person may carry out a substantial refurbishment of an...
Where there is a proposed change in operation at an...
Where there is a proposed change in operation at an...
MEDIUM COMBUSTION PLANT DIRECTIVE
Existing medium combustion plants
Interpretation
All emission limit values set out in this Part are...
New medium combustion plants
Temporary exemptions
SEPA must inform the Scottish Ministers within 14 days if...
Plants firing more than one fuel
Monitoring
Compliance
Assessment of Compliance
Start-up and shut-down
An activity listed in column 1 of table 1 is...
Data reporting
Monitoring of emissions
In this Schedule— “adhesive” means any mixture, including all the...
Paragraph 1 is interpreted in accordance with paragraphs 3 to...
An activity listed in table 1 is deemed to be...
An activity listed in table 1 includes the cleaning of...
Where an activity listed in table 1 is carried out...
In the period to 31st May 2015, the entry in...
(1) SEPA must exercise its functions under these Regulations so...
SEPA may permit emissions to exceed a fugitive emission limit...
SEPA may permit emissions from the coating activities described in...
BEST AVAILABLE TECHNIQUES
The specified matters for Part A installations are—
The specified matters for Part B installations and mobile plant...
(1) An application to SEPA for a permit under regulation...
An advertisement in respect of application for a permit to...
Paragraph 8 does not apply to an application for a...
An application for a permit to operate a Part B...
An application in respect of a Part B installation at...
The requirements of paragraphs 8 and 13 and paragraph 4(4)(c)...
This Part is subject to Part 3.
Subject to paragraph 35, SEPA must within 14 days of...
For the purposes of paragraph 13 a site is a...
Paragraph 13 does not apply to a permit to operate...
Paragraph 13(a) does not apply to an application for a permit...
(1) SEPA must before granting a permit subject to an...
(1) The period allowed for making representations to SEPA (the...
In the case of an application for a permit for—...
(1) The Scottish Ministers may direct SEPA that any application,...
An application for a permit for an installation where an...
(1) SEPA must, subject to paragraph 27, give notice to...
SEPA must where separate applications are made to operate different...
(1) SEPA must— (a) advertise notice of a draft determination...
(1) An advertisement under paragraph 22 must—
SEPA must take no account for the purposes of calculating...
If SEPA fails to give notice of a determination under...
(1) This paragraph applies where— (a) the Scottish Ministers are...
The Scottish Ministers must, where paragraph 26 applies, give notice...
(1) The Scottish Ministers must give SEPA any Member State...
SEPA must, in respect of an application for a permit...
SEPA must ensure, in respect of a permit for a...
SEPA must ensure, in respect of a permit for a...
In Parts 1 and 2 of this Schedule—
An application for a permit to operate a waste incineration...
This Part is subject to Part 3.
Paragraphs 8 or 22 do not apply in so far...
Paragraph 13, other than paragraph 13(f), does not apply in...
Subject to paragraph 34, paragraph 13(b) and (c)(i) and (iii)...
Paragraph 33 does not apply to information excluded from the...
Where a matter falls to be determined for the purposes...
For the purposes of paragraph 35, and paragraphs 18, 20...
An application for a permit to operate a solvents installation...
In paragraph 1(1)— (a) sub-paragraphs (g), (l), (r), and (u)...
Paragraph 1(1) applies to an application for a permit to...
(1) SEPA may by notice require the applicant to provide...
Subject to paragraph 31, the applicant must advertise the application...
An advertisement required by paragraph 8 must—
Arsenic and its compounds.
Materials in suspension.
Cyanides.
substances which contribute to eutrophication (in particular, nitrates and phosphates)....
Substances and mixtures which have been proved to possess carcinogenic...
Substances which have an unfavourable influence on the oxygen balance...
Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.
Substances listed in Annex X to Directive 2000/60/EC of the...
Air
Water
Oxides of nitrogen and other nitrogen compounds.
Organophosphorus compounds.
Carbon monoxide.
Organotin compounds.
Volatile organic compounds.
Substances and mixtures which have been proved to possess carcinogenic...
Metals and their compounds.
Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.
Dust including fine particulate matter.
Cyanides.
Asbestos (suspended particulates, fibres).
Metals and their compounds.
Chlorine and its compounds.
Arsenic and its compounds.
Fluorine and its compounds.
Biocides and plant health products.
COMPENSATION FOR OFF-SITE CONDITIONS
This Schedule applies in any case where—
Any person who has granted an off-site right is entitled...
Subject to paragraph 6(3) and (5)(b), compensation is payable for...
(1) Subject to sub-paragraph (2), an entitlement to compensation under...
(1) An application for compensation under this Schedule must be...
(1) The amount to be paid by way of compensation...
(1) Compensation payable carries interest at the rate for the...
(1) Compensation that is determined to be due is payable—...
In this Schedule— “1963 Act” means the Land Compensation (Scotland)...
VARIATION OF PERMITS
An application under regulation 46 for the variation of the...
(1) An advertisement required by paragraph 9 must—
For the purpose of calculating the period specified in paragraph...
If SEPA fails to give notice of its determination or...
(1) This paragraph applies where— (a) the Scottish Ministers are...
The Scottish Ministers must where paragraph 13 applies given notice...
(1) The Scottish Ministers must give SEPA any Member State...
In paragraphs 13 to 15, “Member State” includes Iceland, Liechtenstein...
The requirements of paragraph 4(8) or paragraph 9 of this...
Paragraphs 32 to 34 of Schedule 4 apply in relation...
Where a matter falls to be determined for the purposes...
(1) This paragraph applies where an application relates to a...
Where a matter falls to be determined for the purposes...
(1) SEPA may by notice require the applicant to provide...
(1) Subject to sub-paragraphs (2) and (3), this paragraph applies...
(1) If SEPA proposes to serve a variation notice which...
(1) The Scottish Ministers may give directions to SEPA requiring...
(1) In the case of a proposed variation notice affecting...
(1) Except in a case where an application has been...
(1) SEPA must— (a) within a period of 3 days...
(1) A person who wishes to appeal to the Scottish...
(1) Subject to sub-paragraph (2), notice of appeal in accordance...
(1) SEPA must, within 14 days of receipt of the...
(1) Before determining an appeal under regulation 58, the Scottish...
(1) Where the appeal is to be disposed of on...
(1) The Scottish Ministers must— (a) give notice to the...
Where a determination of the Scottish Ministers is quashed on...
REGISTER
Subject to regulations 65 or 66, the register contains—
Where an application is withdrawn by the applicant at any...
Where, following an amendment of Schedule 1 or 2, these...
Nothing in paragraph 1 requires SEPA to keep in the...
Nothing in paragraph 1 requires SEPA to keep in the...
SEPA must make available on or via its website the...
If a member of the public requests access to the...
Interpretation
Refuelling activities
Permit condition: incidents, accidents, and breach of conditions
Permit condition: monitoring of Part A installations
Permit condition: large combustion plants
(1) A reference in these Regulations to payment of a...
(1) Regulation 11 applies to a new medium combustion plant...
Permits in respect of odorising natural gas or liquefied petroleum gas
Permits granted, or applied for, on or before 6th January 2013
Activities not requiring a permit, or requiring an environmental licence
2015 installations
Directions by the Scottish Ministers
Landfill
Solvent emission activities: risk phrases and hazard statements
Solvent installations: first use of risk phrase or hazard statement substances
CONSEQUENTIAL MODIFICATIONS
The Environmental Protection Act 1990
The Contaminated Land (Scotland) Regulations 2000
The Landfill (Scotland) Regulations 2003
The Greenhouse Gas Emissions Trading Scheme Regulations 2005
The Water Environment (Oil Storage) (Scotland) Regulations 2006
The Waste Electrical and Electronic Equipment Regulations 2006
The Large Combustion Plants (National Emission Reduction Plan) Regulations 2007
The Persistent Organic Pollutants Regulations 2007
The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008
The Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008
The Environment Act 1995
The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008
The Waste Batteries and Accumulators Regulations 2009
The Corporation Tax (Land Remediation Relief) Order 2009
The Mercury Export and Data (Enforcement) Regulations 2010
The Waste Management Licensing (Scotland) Regulations 2011
The Water Environment (Controlled Activities) (Scotland) Regulations 2011
The Renewable Heat Incentive Scheme Regulations 2011
The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012
The Antisocial Behaviour etc. (Scotland) Act 2004
The Environmental Protection (Prescribed Processes and Substances) Regulations 1991
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
The Environmental Protection (Duty of Care) Regulations 1991
The Conservation (Natural Habitats, &c.) Regulations 1994
The Special Waste Regulations 1996
The Landfill Tax Regulations 1996
REVOCATIONS
Other sections — not classified into a Part
These sections sit outside the numbered Parts — usually provisions added or moved by later amendments.
Browse 23 other sections
Interpretation of Section 3.2
Interpretation of Part B
Interpretation of Part B
Interpretation of Chapter 4
Interpretation of Part B
Interpretation of Part B
Interpretation of Section 5.1
Interpretation of Section 5.2
Interpretation of Section 5.4
Interpretation of Part A
Interpretation of Part A
Interpretation of Section 6.3
Interpretation of Part B
Interpretation of Section 6.6
Interpretation of Section 6.8
Interpretation of Part A
Interpretation of Part A
Interpretation of Section 1.1
Interpretation of Part B
Interpretation of Part A
Interpretation of Section 2.1
Interpretation of Part B
Interpretation of Section 2.2
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- How we regulate | Beta | SEPA | Scottish Environment Protection Agency (opens in a new tab) from SEPA Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Scottish Environment Protection Agency
Scotland's principal environmental regulator. Protects and improves Scotland's environment. Issues environmental permits for waste, emissions, water abstraction, and radioactive substances. Enforces environmental …
Connected legislation
parent Act
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Made under
Pollution Prevention and Control Act 1999 1999 Primary Act
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