Proposed Changes to the Environmental Regulation (Scotland) Guidance on Public Participation and Fit and Proper Person Test

Overview

The Scottish Environment Protection Agency (SEPA) are Scotland’s principal environmental regulator, protecting and improving Scotland’s environment. 
In 2018, Scottish Government brought in the Environmental Authorisations (Scotland) Regulations 2018 (EASR 2018), referred to in this consultation as ‘EASR’. The aim of EASR is to provide a standardised, simplified, common framework for environmental authorisations in Scotland, known as an Integrated Authorisation Framework (IAF).

In March 2024, Scottish Government closed its consultation on proposed amendments to EASR. These proposals extend the Integrated Authorisation Framework to include the regulation of water, waste management, and industrial activities (currently called pollution prevention control or abbreviated as PPC), which are currently each regulated under different legislation. The proposals also included amendments to common procedures in EASR. As a result of the responses received, Scottish Government is proposing to amend EASR to:
•    Enhance the opportunities for public participation
•    no longer require a Fit and Proper Person test for private sewage activities.

In addition to the amendments that Scottish Government is making to EASR, we're also reviewing our approach to determining whether a person is 'fit and proper' to hold an authorisation to bring it into line with other UK environmental agencies and ensure only those that are ‘fit and proper’ can hold an authorisation. 

In September 2018, we consulted on and published, two guidance documents to support the implementation of EASR. 

Public Participation Statement: Guidance under the Environmental Authorisations (Scotland) Regulations 2018 

This is our Public Participation Statement (PPS) that explains when and how we will involve the public and other interested bodies in our decisions on environmental authorisations. It will help you to understand how you can be involved. EASR brings a common approach to public consultation for activities that require a permit. 

Guidance On Who Can Hold an Authorisation: ‘In Control’ and ‘Fit and Proper Person’ Tests 

This guidance on who can hold an authorisation is for any person who applies for or holds a permit or registration under the Environmental Authorisations (Scotland) Regulations. It explains how we will decide whether you are ‘in control’ of the regulated activity and whether you are a ‘fit and proper person’ to hold or continue to hold an environmental authorisation.

This consultation:

1. Proposes changes to the SEPA guidance on public participation by adding a requirement for prospective applicants to engage in public consultation at the pre-application stage in the Public Participation Statement.
2. Proposes changes to the SEPA guidance on the criteria we will apply in determining whether a person is a fit and proper person to hold a registration or permit (‘the Fit and Proper Person’ Test). 

How to respond 

You can respond to this consultation online. Responses should be submitted to us by 30 March 2025. 

Where it is not possible to respond via our consultation hub, you can respond to this consultation by sending an email to iaf@sepa.org.uk. If responding by email, please complete and return the Respondent Information Form with your response.

If you wish to respond another way, please contact us using our online contact form or by phone: 0300 099 6699 and we’ll arrange for an Officer to call you back.

Handling your response

We would like to know if you are happy for your response to be made public. If you ask for your response not to be published, it will be regarded as confidential and treated in accordance with our published Privacy Policy.
You can indicate your preference in the Respondent Information Form.

Why your views matter

As Scotland’s principal environmental regulator, our purpose is to protect, improve Scotland’s environment in ways that as far as possible also create health and well-being benefits, and sustainable economic growth.

Our Corporate Plan sets our strategic agenda and our Annual Operating Plan implements our priorities. In delivering these priorities we engage with those who have an interest in and are impacted by our regulations and duties. One way we engage is through consultations. The feedback we receive through our consultations helps us to understand what matters most to those that are interested and affected by our work and helps to shape how we implement our duties. After the consultation closes we’ll take time to consider responses before sharing an update with you through the “we asked, you said, we did” section of our consultation website.