Recently added legislation

2023

The Fluorinated Greenhouse Gases (Amendment) Regulations 2023

These Regulations correct a technical error in Article 16(3) of Regulation (EU) on fluorinated greenhouse gases, as amended.

The correction will ensure annual quotas (which limit the quantity of hydrofluorocarbons (HFCs) which can be placed on the market in Great Britain each year by producers and importers are calculated as intended.

The Van Benefit and Car and Van Fuel Benefit Order 2022 (SI 2022/1288)

This relates to the use of  a business's vans for private use. The cash benefit of the van is classed as earnings. This is rated as zero for zero CO2 emission vehicles but others are taxed according to a scale set out in the regulations. 

2022

The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022

These Regulations make changes to Scottish legislation, as a result of the EU Exit, relating to the water environment, flood risk management, noise pollution control, air quality and animal health. The Regulations came into force on 01 June 2022.

Greenhouse Gas Emissions Trading Scheme (Amendment) Order SI 2022/454

Came into effect on 14 April 2022. This legislation amends the Greenhouse gas Emissions Scheme Order SI 2020/1265.

It provides the power to inspect premises to ensure compliance may be exercised by an “authorised person” as well as the regulator. It also makes it an offence to intentionally obstruct persons in the exercise of the enforcement powers.

2021

The Electric Vehicles (Smart Charge Points) Regulations 2021

These regulations prohibit certain types of electric vehicle charge point from being sold or offered for sale unless certain requirements set out in the Regulations are complied with.

2020

The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020

Part 2 provides for the continued membership of the EU emissions trading system for generators of electricity for the wholesale market in Ireland/Northern Ireland, by limiting the ongoing application of the 2012 Regulations to that electricity generation.

Part 3 provides for the ongoing application, with modifications, of the 2012 Regulations in relation to the emissions of greenhouse gases on or before 31st December 2020.

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2020 (SI 2020/18)

These Regulations correct errors in the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (SI 2019/1440), as well as making additional consequential amendments to the Greenhouse Gas Emissions Trading Scheme Regulations (SI 2012/3038) to the extent that previous amendments are already in force. They enter into force on 31 January 2020.

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Current legislation

This page provides links to the full text of key pieces of air environmental legislation that may affect your business in Scotland. The websites hosting the legislation may list amendments separately.

Air legislation for Scotland controls emissions of gases, dark smoke and other airborne pollutants that harm the quality of the atmosphere. It includes environmental permitting and authorising regimes and, via the climate change framework, establishes financial incentives to switch to less-polluting ways of working.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.

Environmental management systems and environmental reports

Aerosol Dispensers Regulations 2009 SI 2824

Aims to protect public health by prohibiting the supply or possession of aerosols not marked as conforming to safety standards.

Air Quality (Scotland) Regulations 2000 SSI 97

Sets out local councils' objectives and timescales to review air quality and achieve objectives.

Air Quality (Scotland) Amendment Regulations 2002 SSI 297

Amends 2000/97 to set out new maximum concentrations levels for benzene, carbon monoxide and PM10 and sets out the timescales for these to be reached.

The Air Quality (Scotland) Amendment Regulations 2016

Introduces a definition of PM2.5 and an air quality objective for PM2.5 into the 2000 Regulations

The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016

Insert requirements in relation to the inspection of air-conditioning systems in buildings and nearly zero-energy buildings.

Clean Air Act 1993

Bans emission of dark smoke from chimneys and furnaces, sets minimum chimney heights, and creates smoke control zones.

Clean Air (Emission of Dark Smoke) (Exemption) (Scotland) Regulations 1969 SI 1389 (Not Available Online)
Exempts from the Clean Air Regulations the emission of dark smoke caused by burning certain materials, subject to specified conditions, eg timber from a building demolition.

Climate Change Act 2008

Sets 2050 as the target for reducing greenhouse gas emissions; outlines a carbon budgeting system, greenhouse gas emissions trading schemes, financial incentives for businesses to reduce waste and recycle more and powers to charge for single use bags.

Climate Change (Scotland) Act 2009

Introduces a target to reduce Scotland's greenhouse gas emissions by at least 80% by 2050, with at least 42% reduced by 2020. Sets out annual targets, including emissions from international aviation and shipping.

Climate Change Agreements (Eligible Facilities) Regulations 2012 SI 2999

Set out what is considered to be an eligible facility for the purpose of entering into a climate change agreement

Climate Change Agreements (Energy-intensive Installations) Regulations 2006 SI 59

Defines which energy-intensive installations are entitled to claim the reduced rate of climate change levy.

Climate Change (Emissions Reduction Targets) (Scotland) Act 2019

Amends the Climate Change (Scotland) Act 2009 and should be read together with it. Makes provision for setting targets for the reduction of greenhouse gases. Sets 2045 as the target year by which net-zero emissions of all greenhouse gases are to be reached. Makes provision for setting annual targets for every other year between 2020 and the year before the net-zero emissions target year. Makes provision in relation to, among other matters, emissions reduction targets, emissions accounting, and reporting and planning duties.

The Climate Change Levy (Combined Heat and Power Stations) (Amendment) Regulations 2013 SI 232

These regulations came into force on 1 April 2013, amending the Climate Change Levy (Combined Heat and Power Stations) Regulations 2005 (SI 2005/1714) providing some exemptions from the climate change levy.

Climate Change Levy (General) Regulations 2001 SI 838 as amended

Set outs who the climate change levy, which is charged on supplies of electricity, gas and solid fuel, applies to, what is taxable, who is exempt and procedures for registering, returns and tax credits.

Environmental Protection Act 1990

Defines, within England, Scotland and Wales, the legal framework for duty of care for waste, contaminated land and statutory nuisance.

The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022

These Regulations make changes to Scottish legislation, as a result of the EU Exit, relating to the water environment, flood risk management, noise pollution control, air quality and animal health. The Regulations came into force on 01 June 2022.

EU Directive relating to aerosol dispensers 324/1975

Requires aerosol dispensers to be marked to confirm they satisfy the safety measures laid down in the Annex to the Directive.

EU Regulation 517/2014 on fluorinated greenhouse gases and repealing Regulation (EC) 842/2006

Repeals the previous Regulation (EC) 842/2006 and shall apply from the 1st January 2015. Aims to cut the EU’s F-gas emissions by two-thirds by 2030 compared with 2014 levels and to encourage the use of viable and more climate friendly alternatives.. It aims to achieve these objectives by further reducing emissions through extended containment provisions and encouraging the use of low global warming potential (GWP) alternatives through placing on the market bans and the phase down of HFCs.

EU Regulation on ozone depleting substances 1005/2009

Allows governments to impose new requirements on handling, use, import, export, recovery, recycling, reclaming, destruction and trading of listed substances. Sets out plan to phase out production, trade and use of HCFCs.

EU Regulation 744/2010 amending EU Regulation 1005/2009 on ozone depleting substances

Amends 1005/2009 by banning the use of halons in firefighting equipment except for military and aviation uses.

The Fluorinated Greenhouse Gases Regulations 2015 (SI 310)

These regulations implement the requirements of Regulation (EU) No 517/2014 of the European Parliament and revoke the Fluorinated Greenhouse Gas Regulations 2009. The regulations cover certification of equipment such as refrigeration and fire protection and f-gas based solvents. Creates offences and penalties for not complying with recovery of f-gases legislation, labelling, qualifications and certificates required to work with products or equipment containing them.

Fluorinated Greenhouse Gases (Amendment) Regulations 2018 SI 98

Amends the Fluorinated Greenhouse Gases Regulations 2015/301, which will continue to enforce the EU FGG Regulations 517/2014 but will also now enable enforcement of five new EU Commission Implementing Regulations. Applies to England, Wales and Scotland. It also extends to Northern Ireland but only insofar as it deals with import and export controls and trade with any place outside the United Kingdom, which are reserved matters.

The Fluorinated Greenhouse Gases (Amendment) Regulations 2023

These Regulations correct a technical error in Article 16(3) of Regulation (EU) on fluorinated greenhouse gases, as amended.

The correction will ensure annual quotas (which limit the quantity of hydrofluorocarbons (HFCs) which can be placed on the market in Great Britain each year by producers and importers are calculated as intended.

Greenhouse Gas Emissions Trading Scheme Regulations 2012 SI 3038

Provides a framework to allow greenhouse gas emissions permits to be bought and sold between businesses.

The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013

Makes several amendments to the Greenhouse Gas Emissions Trading Scheme Regulations 2012, including where an installation is operated without a permit it allows the regulator to impose a penalty that is greater than the economic benefit of non-compliance.

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2017

Amends the 2012 regulations with changes relevant to aviation operators.

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2020 (SI 2020/18)

These Regulations correct errors in the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (SI 2019/1440), as well as making additional consequential amendments to the Greenhouse Gas Emissions Trading Scheme Regulations (SI 2012/3038) to the extent that previous amendments are already in force. They enter into force on 31 January 2020.

The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020

Part 2 provides for the continued membership of the EU emissions trading system for generators of electricity for the wholesale market in Ireland/Northern Ireland, by limiting the ongoing application of the 2012 Regulations to that electricity generation.

Part 3 provides for the ongoing application, with modifications, of the 2012 Regulations in relation to the emissions of greenhouse gases on or before 31st December 2020.

Greenhouse Gas Emissions Trading Scheme (Amendment) Order SI 2022/454

Came into effect on 14 April 2022. This legislation amends the Greenhouse gas Emissions Scheme Order SI 2020/1265.

It provides the power to inspect premises to ensure compliance may be exercised by an “authorised person” as well as the regulator. It also makes it an offence to intentionally obstruct persons in the exercise of the enforcement powers.

Motor Vehicles (Refilling of Air Conditioning Systems by Service Providers) Regulations 2009

Makes it an offence (for which you can be fined) for anyone servicing a vehicle air-conditioning system to refill it with fluorinated gases if there has been an abnormal leak of refrigerant and before repairs have been completed.

Notification of Cooling Towers and Evaporative Condensers Regulations 1992 SI 2225

Requires businesses to inform their local council before installing a cooling tower or evaporative condenser on their site.

Ozone-Depleting Substances Regulations 2015 SI 168

Replace and consolidate The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011(S.I. 2011/1543) and the Ozone-Depleting Substances (Qualifications) Regulations 2009 (S.I.2009/216). The regulations relate to the production, import, placing on the market of ozone depleting substances and the minimum qualifications for those working on recovery, recycling, reclamation or destruction of ODS.

Pollution Prevention and Control (Designation of Solvent Emissions Directive) (Scotland) Order 2003 SSI 600

Brings the Solvent Emissions Directive (dealing with the use of organic solvents causing emissions of volatile organic compounds) within the regulations set up by the Pollution Prevention and Control Act 1999 for legal implementation.

The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 No. 267

These regulations amend the PPC regulations 2012 and transpose Directive 2012/27/EU (The energy efficiency directive). The new Schedule 1A applies to specified installations and requires a cost-benefit analysis to be carried out for the purposes of the Energy Efficiency Directive. There is also a requirement for new permits for solvent activities to include a requirement to inform SEPA of and incident or accident that could significantly affect the environment.

Pollution Prevention and Control (Scotland) Regulations 2012 (SSI 2012/360)

Sets out a system to control pollution from any installation or mobile plant carrying out specified activities through permits, inspections and control of emissions. Covers the inclusion of best available techniques (BAT) and standard rules in permits.Replaces (revokes) previous PPC and Solvent Emissions legislation.

Renewables Obligation (Scotland) Order 2007 SSI 267

Establishes that Scottish electricity suppliers licenced under the Electricity Act 1989 must supply customers in Great Britain with a specified amount of electricity generated from renewable sources eg wind, water, biomass and solar power.

Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 SI 374

Amend the Renewable Transport Fuel Obligations Order 2007, the Energy Act 2004 and the Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012. They aim to reduce greenhouse gas emissions from fuels supplied in transport, thereby supporting the delivery of savings to meet UK carbon budgets. They also align UK schemes with requirements in EU legislation.

Renewable Transport Fuel Obligations Order 2007 SI 3072 as amended

Impose on transport fuel suppliers an obligation to ensure that a certain amount of all road vehicle fuel is from sustainable, renewable sources

Road Vehicles (Construction and Use) Regulations 1986 SI 1078 as amended

Lays down requirements to reduce the environmental impact of constructing, maintaining and using road vehicles, particularly smoke, vapour and gas emissions.

The Sulphur Content of Liquid Fuels (Scotland) Regulations 2014 No 258

Prohibits the use of heavy fuel oil with a sulphur content greater than 1% or the use of gas oil with a sulphur content greater than 0.1%. They revoke the 2007 Regulations.

Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 SI 2773

Sets maximum levels of organic solvents that can be contained in paints, varnishes and vehicle refinishing products (such as cleaners, primers and fillers).

Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) Regulations 2010 SI 783

Amends 2005/2773 by amending the definition of 'coating ' (in the context of vehicle refinishing products) by substituting 'mixture' for 'preparation'.