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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—
as regards England—
the Environment Agency;
the Secretary of State;
as regards Scotland, and subject to sub-paragraphs (c) and (d)—
SEPA;
the Scottish Ministers;
as regards offshore installations, the Secretary of State;
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;”.
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