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.