Paragraph 51 I1

Section 10 of that Act (variation of authorisations by enforcing authority) shall be amended in accordance with the following provisions of this paragraph.

In subsection (3) (which provides for the variation specified in a variation notice to take effect on the date so specified unless the notice is withdrawn) after the words “unless the notice is withdrawn” there shall be inserted the words “ or is varied under subsection (3A) below ”.

After that subsection there shall be inserted—

“(3A)

An enforcing authority which has served a variation notice may vary that notice by serving on the holder of the authorisation in question a further notice—

(a)

specifying the variations which the enforcing authority has decided to make to the variation notice; and

(b)

specifying the date or dates on which the variations specified in the variation notice, as varied by the further notice, are to take effect;

and any reference in this Part to a variation notice, or to a variation notice served under subsection (2) above, includes a reference to such a notice as varied by a further notice served under this subsection.”

In subsection (4) of that section, for paragraph (b) (requirement to pay the fee prescribed under section 8 of that Act) there shall be substituted—

“(b)

require the holder to pay, within such period as may be specified in the notice,—

(i)

in a case where the enforcing authority is the Environment Agency or SEPA, the charge (if any) prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; or

(ii)

in any other case, the fee (if any) prescribed by a scheme under section 8 above.”

In subsection (8) of that section, in the definition of “vary”, after the word “ “vary”” there shall be inserted “ (a) ” and after the words “any of them;” there shall be added the words

“and

(b)

in relation to a variation notice, means adding to, or varying or rescinding the notice or any of its contents;”.