Regulation 38 Insertion of new Articles 2A and 2BI1

After Article 2, insert—

“Article 2A

Appropriate regulator: Scotland

1

The appropriate regulator in relation to Scotland is, subject to paragraph (2), the Scottish Environment Protection Agency.

2

The Scottish Ministers may direct that a person or body other than the Scottish Environment Protection Agency is the appropriate regulator in relation to cases of a particular description or in a particular case.

3

Before making a direction under paragraph (2), the Scottish Ministers must consult the Secretary of State.

Article 2B

Appropriate regulator: Wales

1

The appropriate regulator in relation to Wales is, subject to paragraph (2), Natural Resources Body for Wales.

2

The Welsh Ministers may direct that a person or body other than Natural Resources Body for Wales is the appropriate regulator in relation to cases of a particular description or in a particular case.

3

Before making a direction under paragraph (2), the Welsh Ministers must consult the Secretary of State.”