The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Amendment Regulations 2021

Jurisdiction: Scotland

Commencement: 30th November 2021


  • The Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011

Mini Summary

The Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011 implement the requirements of Directive 2009/31/EC on the geological storage of carbon dioxide into Scottish law.

Carbon capture and storage is a key technology to decarbonise electricity generation. CO2 created from fossil fuel  power stations can be injected and stored in undersea geological formations in Scottish territorial waters.


The Regulations prevent Scottish ministers from granting licences for storing CO2 in the water column.

Licence applications that are made to Scottish Ministers must include a specified length of time required for exploration ‘appraisal term’ or a reason why exploration is not required. The licensing authority is obligated to specify the length of appraisal time or length of time within which an application for a storage permit must be made. Licences are required to include provisions detailed in Schedule 1 to these regulations regarding the closure of storage sites.

Licence holders may be granted consent for the storage permits that are located within the licensed area. The regulations detail application requirements, the criteria that must be satisfied and details of the information that is required to be included in the storage permit.

In the event of leakage or irregularity the licensing authority may direct the operator to take corrective measures.

Storage permits may be reviewed, modified or revoked where a change in operation occurs, irregularities or leaks occur or where there is a breach in the terms and conditions.

The regulations include requirements for the closure of sites and the post closure obligations.


Administrative changes are made to ensure that The Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011 continue to operate effectively now that the UK is no longer part of the EU. This includes replacing references to EU Directives with EU retained legislation. There are no changes to duties as a result of these amendments.

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