Improving Regulation Annual Report 2003-2004

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Improving Regulation Annual Report 2003-2004

Annex A FINAL RIAs

Title

Initiating Department or Agency

Summary of purpose

Final RIA dated

EU Derived

The Improvement and Repairs Grant (Assessment of Contributions) (Scotland) Regulations 2003 & The Improvement or Repairs Grant or Grant for means of escape from fire for Houses in Multiple Occupation (Minimum Percentage Grant) (Scotland) Regulations 2003

Development Department

To target financial assistance for housing improvement and repair to those with the least resources, emphasising the principle that the owner of a house is responsible for its maintenance. The basis for an assessment of the applicant's contribution to the cost of works was put in place by amendments to the primary legislation, with the detail implemented in these regulations. For landlords and business proprietors a separate assessment must be devised.

13/06/2003

No

The Environmental Impact Assessment (Water Management) Regulations (Scotland) 2003

Development Department

Implement EC Directive 97/11/EC in as far as it relates to certain water resource projects in Scotland. The developments to which these Regulations may apply are water management projects for agriculture. Virtually all such projects in the annexes to Directive 97/11/EC will already constitute, in whole or in part, "development" for the purposes of the Town and Country Planning system and will be covered by the Environmental Impact Assessment (Scotland) Regulations 1999 ("the 1999 Regulations"). The term "development" is being extended to ensure that all water management projects for agriculture are recognised as "development".

02/07/2003

Yes

Processed Cereal-Based Foods And Baby Foods For Infants And Young Children (Scotland) Regulations 2004

Food Standards Agency

The regulations a) consolidate the requirements of The Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997 and its 1999 and 2000 amendments b) provide for the continued implementation in Scotland of Commission Directive 96/5/EC on processed cereal-based foods and baby foods for infants and young children, as amended by Directives 1998/36/EC, 1999/39/EC and 2003/13/EC.

15/01/2004

Yes

Infant Formula And Follow-On Formula (Amendment) (Scotland) Regulations 2004

Food Standards Agency

The regulations a) implement Commission Directive 2003/14/EC of 10 February 2003 amending Directive 91/321/EEC on infant formulae and follow-on formulae. b) amend The Infant Formula and Follow-on Formula Regulations 1995, as amended, in relation to Scotland.

15/01/2004

Yes

The Cocoa and Chocolate Products (Scotland) Regulations 2003

Food Standards Agency

To maintain and simplify the consumer protection measures relating to chocolate products by implementing the EC Directive 200/36/EC relating to Chocolate & Cocoa products for human consumption. Lays down compositional standards as well as labelling requirements for these products

05/06/2003

Yes

The Fruit Juices and Fruit Nectars (Scotland) Regulations 2003

Food Standards Agency

Transposition of EC Directive 2001/112/EC - requiring clearer distinction between juice obtained directly from fruit and that obtained by dilution of concentrate

05/06/2003

Yes

Tobacco Advertising and Promotion Sponsorship (Transitional) (Scotland) Regulations 2003

Health Department

To honour the long standing commitment to July 2003 and a longer extension period for exceptional global events so long as defined criteria are met. The consultation document on the draft regulations proposed an end date of 1 October 2006 (as adopted in the now anulled European Directive EC 98/43). Since the consultation period ended on 8 November 2002 a new European Advertising Directive has come forward. The new Directive which is still to be formally adopted, prohibits the sponsorship of events or activities involving or taking place in several Member States or otherwise having cross border effects by 31 July 2005 at the latest. The draft regulations have been amended to ensure that they are compatible with this imminent EU legislation. The two transitional periods will give recipients of tobacco sponsorship extra time to reduce their dependency on tobacco sponsorship by seeking other sources of sponsorship or by renegotiating their agreements so that they do not have the purpose or effect of promoting a tobacco product.

23/01/2003

Yes

The Honey (Scotland) Regulations 2003

Food Standards Agency

Implementing in Scotland the provisions of EC Directive 2001/110 relating to honey: 1. measure the freshness and quality of the honey; 2 provide evidence of the floral and geographic source of the honey; and 3. provide evidence of treatments (such as heat treatment) the honey may have undergone. Contains more generous allowances for honey used as an ingredient in bakery and similar products ("baker's honey"). Prohibits the addition of any other ingredients to honey (although honey may be blended with other honeys). Finally, the Directive contains additional labelling rules specific to honey.

26/11/2003

Yes

The Fish Labelling (Scotland) Regulations 2003

Food Standards Agency

To provide clearer labelling information for certain fish products and to promote the free movement of fishery and aquaculture products-by providing for the endorsement of Article 4 of EC Regulation 104/2000 and EC Regulation 2065/2001

05/03/2003

Yes

The Specified Sugar Products (Scotland) Regulations 2003

Food Standards Agency

To update the rules relating to the composition and labelling of certain sugars by implementing recently agreed Council Directive 2001/111/EC relating to certain sugars for human consumption.

05/11/2003

Yes

Regulation of Care (Fees)(Scotland) Amendment order 2003

Health Department

Scottish Ministers' proposals under the Regulation of Care (Scotland) Act 2001 for maximum fees which may be imposed by the Scottish Commission for the Regulation of care (the care commission) from October 2003 related to the registration of care at home services.

08/03/2004

No

The Prohibition of Fishing for Scallops (Scotland) Order 2003

Environment & Rural Affairs Department

The limits on the maximum number of scallop and French dredges will limit the overall catches of scallops thus helping the stock to remain within sustainable levels and also limit the damage dredges cause to the seabed. A 20% bycatch limit of king scallops has been introduced to prevent vessels targeting queen scallops and the order also prohibits the use of any device liable to obstruct or diminish the dimensions of the belly rings of the dredges

23/07/2003

No

Proposals for (Tranche 2) Amendments to the Waste Management Licensing Regulations

Environment & Rural Affairs Department

To review a number of exemptions to the waste management licensing system.

09/06/2004

Yes

The Jams and Similar Products (Scotland) Regulations 2003

Food Standards Agency

To maintain and simplify the consumer protection measures relating to Jams and similar products by implementing in Scotland the provisions of EC Directive 2001/113/EC of 20 December 2001 relating to fruit jams, jellies and marmalades and sweetened chestnut puree intended for human consumption.

17/03/2004

Yes

The Food Labelling Amendment (Scotland) Regulations 2003.

Food Standards Agency

To promote consumer choice by providing better information about the presence of quinine or caffeine when used as flavourings in a food, and in the case of caffeine, to provide a warning for consumers about the high caffeine content of some drinks, and an indication of the amount of caffeine in excess of a specific level.

27/11/2003

Yes

The Natural Mineral Water, Spring Water and Bottled Drinking Water Amendment (Scotland) Regulations 2004

Food Standards Agency

Will introduce a number of amendments to the current legislation: change maximum limits for toxic constituents of natural mineral waters in accordance with directive 2003/40/EC. Harmonise treatments permitted to reduce the levels of toxic substances in natural mineral waters that exceeds the proposed new limits throughout the EU. Introduce a compulsory labelling requirement for natural mineral waters that contain fluoride at a level exceeding the maximum level permitted in tap water (1.5mg/l) in order to provide information to consumers about suitability for consumption by specific groups. Permit use of ozone-enriched air to remove some toxic substances from natural mineral waters and spring waters provided the treatment is in accordance with the regulations and treated products comply with labelling requirements. Set limits for components that may be introduced to natural mineral waters and spring waters as a result of ozone treatment.

17/03/2004

Yes

Technical Review of The Renewables Obligation (Scotland) Order 2002.

Enterprise, Transport & Lifelong Learning Department

To assess the impact of the proposed amendments to the ROS. The scope of the RIA is proportionate to that of the Technical Review and is therefore limited to assessing the effects of the proposals for modifications to the ROS arising from the Technical Review. The RIA does not repeat the previous RIA undertaken as part of the consultation on the ROS.

04/02/2004

No

Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 & The Private Hire Car Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2003

Finance & Central Services Department

To remove the discrimination encountered by people with disabilities who have assistance dogs when they wish to travel by private hire car (PHC). The Regulations are similar to those requirements placed on taxi drivers by the Taxi Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2003.

04/03/2004

No

The Control of Pollution (Silage, Slurry & Agricultural Fuel Oil) (Scotland) Regulations 2003

Environment & Rural Affairs Department

This Regulatory Impact Assessment deals with the proposed Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003. The proposed Regulations will further reduce the risk of water pollution from silage and slurry effluent. They will remake the 2001 Regulations which made changes from the 1991 Regulations.

05/11/2003

No

The Tobacco Advertising and Promotion (Point of Sale)(Scotland) Regulations 2003

Health Department

Draft Regulations on Tobacco Advertising - Point of Sale need to be notified to the European Commission under the Technical Standards Directive. To contribute to a reduction in smoking prevalence by introducing limits on the amount of tobacco advertising at points at which tobacco products are offered for sale

24/03/2004

Yes

Water Services (Scotland) Bill

Environment & Rural Affairs Department

The Executive has business and public policy objectives for Scottish Water. The public policy objectives are for it to contribute to: 1. Public health - by providing a constant public supply of drinking water, which satisfies drinking water quality standards and by the safe and effective removal of wastewater. 2. Environment protection - by providing for the treatment and disposal of wastewater that meets environment protection standards. 3. Social policy - by maintaining the link between domestic water and sewerage charges and the Council Tax system, which results in domestic charges that reflect broadly customers' ability to pay for the services that they receive.

06/06/2004

No

The Anti-Pollution Works (Scotland) Regulations 2003

Environment & Rural Affairs Department

Will enhance the Scottish Environment Protection Agency's (SEPA's) ability to ensure that the polluter meets the costs of preventative or remedial works. They are associated with new powers in the Control of Pollution Act 1974, as amended, for the Scottish Environment Protection Agency (SEPA) to serve anti-pollution works notices.

Nov-03

No

Amendments to The Special Waste Regulations 1996

Environment & Rural Affairs Department

An evaluation of the costs and benefits for Scotland of the proposed amendments to the Special Waste Regulations 1996

16/03/2004

Yes

The Animal By-Products (Scotland) Regulations 2003

Environment & Rural Affairs Department

Regulation will replace the Animal Waste Directive and most of the Balai Directive and introduce a number of changes. Will separate animal by-products into three categories of material. These categories would apply to all types of animal by-products; mammalian, poultry and fish. The definition of animal by-product includes catering waste (waste food containing meat or products of animal origin from households and restaurants). The Regulation bans the use of catering waste in animal feed and introduces controls when it is treated in a composting or biogas plant. Waste food containing meat and other animal products from other premises, such as retail outlets, is considered to be an animal by-product and must be treated accordingly. Sets out the permitted routes for such material and requires premises that use or treat animal by-products to be approved by the competent authority and to comply with the construction and operational standards specified by the Regulation.

04/09/2003

Yes

The Feeding Stuffs (Scotland) Amendment Regulations 2004

Food Standards Agency

implement Directive 2003/57/EC which links the existing maximum permitted levels (MPLs) for dioxins in a range of feed materials and feedingstuffs to the consolidated list of undesirable substances in feed in the Annex to Directive 2002/32/EC, makes changes to some existing MPLs for dioxins, and introduces new ones for some classes of feed additives: and add Commission Regulation 1334/2003, which amends the permitted maximum inclusion rates in feed for a number of trace elements (iron, cobalt, copper, manganese and zinc), to the list in Part IX of Schedule 3 to the Feeding Stuffs (Scotland) Regulations 2000 and make consequential amendments to Part V of the Schedule.

04/05/2004

Yes

The Collagen and Gelatine (Intra-Community Trade) (Scotland) (No2) Regulations 2003

Food Standards Agency

The Regulations will: Implement Commission Decision 2003/721/EC amending Council Directive 92/118/EEC as regards requirements for collagen intended for human consumption and repealing Commission Decision 2003/42/EC & Impose similar provisions on collagen for human consumption as those contained in the repealed Decision with effect from 31 December 2003.

26/11/2003

Yes

The Meat Products (Scotland) Regulations 2004 (MPR)

Food Standards Agency

To maintain the consumer protection measures in relation to meat products currently provided by the Meat Products and Spreadable Fish Products Regulations 1984 (MPSFPR), and to bring existing national rules in line with the newly agreed EC definition of meat, and existing EC food labelling legislation.

14/01/2004

No

School Education (Ministerial Powers and Independent Schools) (Scotland) Bill

Education Department

The modification of the definition of independent schools will ensure that all establishments providing full time education for school age children will have a consistent form of regulation regardless of their size. There is no intention to regulate over the education taking place in circumstances where parents have chosen to educate their children at home.

23/03/2004

No

Strategic Environmental Assessement of Plans and Programmes (Scotland) Regulations

Environment & Rural Affairs

introduction of regulations to implement EU Directive EC/2001/42 on the assessment of the Environmental Effects of Certain Plans & Programmes

02/06/2004

Yes

Charging for Certification Services provided in respect of Seed Potatoes

Environment & Rural Affairs

To assess a proposal to reintroduce the charges made to industry for the inspections of pre-basic seed potatoes entered into the Seed Potato Classification Scheme and the approved stocks scheme in respect of seed potatoes. Further new fees are also being introduced for all Pre-Basic seed potatoes (TC, 1 and 2) and for the provision and maintenance of nuclear stock.

27/05/2004

No

Page updated: Wednesday, May 10, 2006