Regulation 6 Consultation between authorities on enforcement action

Before the enforcing authority varies an authorisation under section 10, revokes an authorisation under section 12 or serves an enforcement or prohibition notice under section 13 or 14 respectively, it shall notify the consulted authority in writing of its intention to do so and the reasons therefor, and the consulted authority may within one month of receipt of notification give written notice to the enforcing authority of any additional grounds on which the proposed action is, in its opinion, justified:

• Provided that nothing shall prevent the enforcing authority from taking any such action without consultation as aforesaid or before expiry of the one month period if it considers it expedient to do so in order to prevent or minimise an imminent risk of serious pollution to the environment; and in that event the enforcing authority shall, at the same time as it serves notice on the holder of the authorisation under section 10, 12, 13 or 14, as the case may be, send a copy thereof to the consulted authority with a statement of its reasons for taking such action.

Subject to the proviso to paragraph (1) and without prejudice to the power of the enforcing authority, if it thinks fit, to consider any written notice of additional grounds given by the consulted authority after expiry of the one month period mentioned in paragraph (1), any such notice given within the said period shall be considered by the enforcing authority in deciding whether or not to take the action proposed.