PART 3Notices under Part 2: further provision
Prior consultation5
1
Before serving a remedial measures notice, SEPA must consult each—
a
appropriate person on whom the notice is to be served; and
b
other person as appears to SEPA likely to be substantially affected by the notice.
2
Each person must be consulted on the details of the proposed notice in such manner as SEPA considers appropriate with a view to—
a
bringing the proposed notice to the attention of the person; and
b
inviting any such person who wishes to make representations to do so in writing to SEPA within a period of 28 days beginning with the date on which they were consulted.
3
SEPA must have regard to any representations it receives by virtue of paragraph (2)(b) before deciding to serve the notice.
Variation notice6
1
SEPA may vary a remedial measures notice (as varied in accordance with any variation notice) (“the principal notice”) by serving a variation notice on each appropriate person on whom the principal notice was served.
2
The variation notice must—
a
identify the principal notice; and
b
specify—
i
the variation to the principal notice;
ii
the date on which the variation takes effect (which must be at least 28 days after the date on which the variation notice is received by the appropriate person); and
iii
the reason for the variation.
3
The variation takes effect on the date specified in the variation notice (and this may be before, on or after a date specified in the principal notice by which a measure must be undertaken).
Revocation notice7
1
SEPA may revoke (in whole or in part) a remedial measures notice (as varied in accordance with any variation notice) (“the principal notice”) by serving a revocation notice on each appropriate person on whom the principal notice was served.
2
The notice served under paragraph (1) must—
a
identify the principal notice; and
b
specify—
i
in the case of a partial revocation, the part of the principal notice which is revoked;
ii
the date on which the revocation takes effect; and
iii
the reasons for the revocation.
3
Where a principal notice is revoked under paragraph (1), the principal notice (or, in the case of a partial revocation, the part of the principal notice which is revoked) ceases to have effect from the date specified in the revocation notice on which the revocation takes effect.
4
Where a revocation notice wholly revokes the principal notice (or the remaining parts of it), any variation notice which varied the principal notice is also revoked.