Paragraph 1 Modifications to the 1995 Act

(1)

In this paragraph, “the 1995 Act” has the meaning given in regulation 112(2).

(2)

For the purposes of regulation 112, the provisions of section 108 and 108A of, and Schedule 18 to, the 1995 Act referred to in regulation 112 are to be read with the modifications in sub-paragraphs (3) to (10).

(3)

Those provisions are to be read as if—

(a)

references to an authorised person were references to a person authorised under regulation 112(1);

(b)

references to an enforcing authority were references to the appropriate agency.

(4)

Section 108(4) is to be read as if—

(a)

in paragraph (a), the words “(or, in an emergency, at any time and, if need be, by force)” were omitted;

(b)

paragraphs (d) and (g) were omitted;

(c)

in paragraph (f)—

(i)

references to articles or substances in relation to which samples may be taken were to packaging, packaging materials and packaging waste; and

(ii)

the power in that paragraph to take samples of the air, water or land in, on, or in the vicinity of, the premises were omitted;

(d)

in paragraph (h)—

(i)

the reference to any article or substance as is mentioned in paragraph (g) were to any sample of packaging, packaging materials or packaging waste taken under section 108(4)(f) as modified by paragraph (c) above;

(ii)

in sub-paragraph (iii)—

(aa)

the reference to an offence were to an offence under any of regulations 115 to 118 or regulation 120;

(bb)

for the words from “a variation notice” to the end, there were substituted “the imposition of a civil sanction under regulation 121 or under the Environmental Regulations (Enforcement Measures) (Scotland) Order 2015^f1”;

(iii)

sub-paragraph (iv), as it applies to Scotland, were omitted;

(e)

in paragraph (k)—

(i)

references to records were to the records and returns required to be kept and provided to the appropriate agency under these Regulations, or under the 2023 Data Regulations;

(ii)

references to information recorded in computerised form included any information recorded electronically;

(f)

in paragraph (ka) as it applies to England and Wales, in sub-paragraph (ii) the words “(other than an article or substance within paragraph (g))” were omitted;

(g)

in paragraph (ka) as it applies to Scotland, the reference to an offence under any of the pollution control enactments, or under section 40(1) of the Regulatory Reform (Scotland) Act 2014, were to an offence under these Regulations.

(5)

Section 108(6) is to be read as if the words “Except in an emergency” and “or to take heavy equipment on to any premises which are to be entered” were omitted.

(6)

Section 108(7) is to be read as if the words “Except in an emergency” were omitted.

(7)

Section 108(7A) as it applies to England and Wales is to be read as if, for the words “subsections (7B) and (7C)”, there were substituted “subsection (7C)”.

(8)

Section 108(7A) as it applies to Scotland is to be read as if the words “to seize and remove documents” were omitted.

(9)

Paragraphs 2 to 6 of Schedule 18 are to be read as if—

(a)

any reference to a designated person were to a person authorised in writing by the appropriate agency to exercise on its behalf any power conferred by regulation 112;

(b)

any reference to a relevant power were to a power conferred by regulation 112.

(10)

Paragraph 6(1) of Schedule 18 is to be read as if any reference to section 108(4)(a) or (b) or (5) of the 1995 Act were to regulation 112.

Annotations

Footnotes

f1: S.S.I. 2015/383.