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The Water Environment (Controlled Activities) (Scotland) Regulations 2005
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- Scottish Statutory Instruments
- 2005 No. 348
- PART VI
- Regulation 36
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This version of this provision is prospective.
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Changes and effects yet to be applied to Regulation 36:
- Instrument appl by S.S.I. 2006/133 reg 3
- Sch. 3 rule 16 words substituted by S.S.I. 2009/420 reg. 4(7)
- Sch. 8 para. 1(v)(w) inserted by S.S.I. 2009/420 reg. 4(9)(b)
- Regulations revoked by S.S.I. 2011/209 reg. 58(1)(a)
- reg. 10(A1) inserted by S.S.I. 2009/420 reg. 4(4)(a)
- reg 15A added by S.S.I. 2006/553 reg 2
- reg. 36 coming into force by S.S.I. 2005/348 reg. 1(2)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 3 rule 16 words substituted by S.S.I. 2009/420 reg. 4(7)
- Sch. 8 para. 1(v)(w) inserted by S.S.I. 2009/420 reg. 4(9)(b)
- reg. 10(A1) inserted by S.S.I. 2009/420 reg. 4(4)(a)
- reg 15A added by S.S.I. 2006/553 reg 2
Prospective
Procedure relating to information which might be confidentialS
36.—(1) Where it appears to SEPA that any information that has been obtained by it under or by virtue of any provision of these Regulations and is required to be included in the register, might be commercially confidential, SEPA shall–
(a)give to the person to whom or whose business it relates notice that that information is required to be included in the register; and
(b)give that person a reasonable opportunity–
(i)of objecting to the inclusion of the information on the ground that it is commercially confidential; and
(ii)of making representations to SEPA indicating why the person considers the information to be commercially confidential, together with such further information in support of the objection as the person considers appropriate.
(2) The provisions of regulation 14(1) and (2) shall apply to an objection under paragraph (1) as they do to an application.
(3) SEPA shall determine whether the information is or is not commercially confidential and shall give notice of its determination to the person to whom or whose business it relates.
(4) This regulation does not apply where the information is the subject of an application under regulation 35.
Commencement Information
I1Reg. 36 in force at 1.4.2006, see reg. 1(2)
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