OpenLegislation

Regulation 4 Amendment of regulation 2 (interpretation: general)

Original text. Later amendments are not shown.

In regulation 2(1)—

(a)

after the definition of “authorised person” insert—

  • ““civil penalty notice” means a notice served under paragraph 1 (as read with paragraphs 4 and 5) of Schedule 4;

  • “enforcement cost recovery notice” means a notice served under paragraph 6 of Schedule 4;”;

(b)

in the definition of “enforcing authority”—

(i)

for paragraph (c) substitute—

“(c)

as regards Scotland, subject to paragraphs (e) and (f)—

(i)

each local authority;

(ii)

SEPA;

(iii)

the Scottish Ministers;”;

(ii)

in paragraphs (d) and (g)(ii), for “the Department of the Environment” substitute “the Department of Agriculture, Environment and Rural Affairs”;

(c)

after the definition of “premises” insert—

  • ““relevant enforcing authority” means—

    1. (a)

      as regards England—

      1. (i)

        the Environment Agency;

      2. (ii)

        the Secretary of State;

    2. (b)

      as regards Scotland, and subject to sub-paragraphs (c) and (d)—

      1. (i)

        SEPA;

      2. (ii)

        the Scottish Ministers;

    3. (c)

      as regards offshore installations, the Secretary of State;

    4. (d)

      as regards Scottish offshore installations, the Scottish Ministers;”;

(d)

before the definition of “ship” insert—

  • ““Scotland” is to be construed in accordance with section 126(1) and (2) of the Scotland Act 1998f1;

  • “SEPA” means the Scottish Environment Protection Agency;”.

Annotations

Footnotes

f1

1998 c. 46.