Regulation 6 Enforcement

United Kingdom

(1)

These regulations are enforced—

(a)

in England and Wales, by the local authority;

(b)

in Scotland—

(i)

by the local authority;

(ii)

by the Scottish Environment Protection Agency in relation to any point of use or productive process regulated by that agency under F1the F2Environmental Authorisations (Scotland) Regulations 2018;

(c)

in Northern Ireland, by the district council in accordance with the enforcement provisions set out in Schedule 4.

(2)

Where a local authority in England enforces these regulations, sections 108 and 110 of the Environment Act 1995^f1 apply as if that local authority were an enforcing authority for the purposes of section 108.

(3)

In this regulation, “local authority” means—

(a)

in relation to England—

(i)

a county or a district council;

(ii)

a London borough council;

(iii)

the Common Council of the City of London;

(iv)

the Council of the Isles of Scilly;

(b)

in relation to Wales—

(i)

a county council;

(ii)

a county borough council;

(c)

in relation to Scotland, a unitary authority.

Annotations

Textual amendments

F1: Words in reg. 6(1)(b)(ii) substituted (S.) (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360), reg. 1(2), sch. 11 para. 27(3) (with reg. 71)
F2: Words in reg. 6(1)(b)(ii) substituted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 21(3) (with sch. 23)

Footnotes

f1: 1995 c. 25, as amended by section 6 of and Schedule 3 to the Pollution Prevention and Control Act 1999 (c. 24), S.I. 2000/1973, section 55 of the Anti-social Behaviour Act 2003 (c. 38) and section 53 of the Clean Neighbourhoods and Environment Act 2005 (c. 16).