The Fluorinated Greenhouse Gases (Amendment) Regulations 2018

Amendment of regulation 2 (interpretation: general)

4.  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—

(a)

as regards England—

(i)

the Environment Agency;

(ii)

the Secretary of State;

(b)

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

(i)

SEPA;

(ii)

the Scottish Ministers;

(c)

as regards offshore installations, the Secretary of State;

(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 1998(1);

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

(1)

1998 c. 46.