Powers of enforcing authorities in relation to “blue colourant”
8.—(1) This regulation applies to regulation 5.
(2) For the purposes of this regulation, “enforcing authority” means—
(a)in relation to England and Wales, the Environment Agency; and
(b)in relation to Scotland, the Scottish Environment Protection Agency.
(3) Any person who appears suitable to an enforcing authority may be authorised in writing by that enforcing authority, for the purpose of determining whether regulation 5 is being, or has been, complied with, to exercise any of the powers specified in paragraph (4).
(4) The powers exercisable under paragraph (3) are the powers in paragraphs (a) to (m) of sub-section (4) of section 108 of the 1995 Act as modified by paragraph (5) of this regulation and subject to sub-sections (6) to (16) of that section.
(5) For the purposes of paragraph (4), section 108 shall apply as if—
(a)in paragraph (g), for the words “have caused or to be likely to cause pollution of the environment or harm to human health” there were substituted the words “be or contain a substance referred to in regulation 5 of the Controls on Certain Azo Dyes and “Blue Colourant” Regulations 2003”;
(b)in paragraph (h), for the words in sub-paragraph (iii) there were substituted the words “to ensure that it is available for use as evidence in any proceedings for an offence under regulation 6 of the Controls on Certain Azo Dyes and “Blue Colourant” Regulations 2003”;
(c)in paragraph (k), sub-paragraph (i) was omitted;
(d)in paragraph (m), sub-paragraph (ii) was omitted;
(e)in paragraph (15), the term “authorised person” included a person authorised under paragraph (1) of this regulation.