Regulation 86 Enforcement authorities

United Kingdom

(1)

Except as provided by paragraph (2), it is the duty of the Secretary of State to enforce these Regulations and in doing so the Secretary of State may appoint a person to act on the Secretary of State's behalf.

(2)

It is the duty of the following authorities to enforce Parts 2 and 3, regulations 32(2), 33(2) and Parts 6 and 7—

(a)

in England F1..., the Environment Agency;

F2(aa)

in Wales, the NRBW;

(b)

in Scotland, SEPA; and

(c)

in Northern Ireland, the Department of the Environment.

(3)

No proceedings for an offence under these Regulations may be instituted in England, Wales or Northern Ireland except by or on behalf of an enforcement authority.

(4)

Nothing in these Regulations authorises an enforcement authority to bring proceedings in Scotland for an offence.

(5)

In these Regulations, “enforcement authority” means any person mentioned in this regulation.

Annotations

Textual amendments

F1: Words in reg. 86(2)(a) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 323(2) (with Sch. 7)
F2: Reg. 86(2)(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 323(3) (with Sch. 7)