Consultation on Amending the Environmental Liability (Scotland) Regulations 2009 in Scotland to Transpose Article 38 of the Offshore Safety Directive 2013 - Consultation Analysis

7. Question 4

36. We asked, "Do you have any other comments on the proposed transposition of Article 38 of the OSD?"

37. You said;

38. Oil and Gas UK said, "Whilst we appreciate that the transposition is required, it would have been preferable to have had draft guidance or at least an indication of thinking from the enforcing authorities on practical implementation. Despite the low risk to the majority of operators this lack of information is creating uncertainty around whether they will be required to make financial provision."

39. Scottish Environment Protection Agency said, "You are referred to SEPAs response to the HSE consultation on the Off-shore Safety Directive.

The SEPA, SNH and Marine Scotland joint working protocol will require minor revision in the light of the proposed regulations."

40. Scottish Environment Link made no comment

41. The individual made no comment.

42. We did;

43. The Scottish Government recognises the need for updated guidance. Our intention is to work with other enforcing authorities and stakeholders to deliver this. Marine Scotland will also work with Scottish Environment Protection Agency and Scottish Natural Heritage to revise the joint working protocol accordingly.