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—

    1. a

      as regards England—

      1. i

        the Environment Agency;

      2. ii

        the Secretary of State;

    2. b

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

      1. i

        SEPA;

      2. ii

        the Scottish Ministers;

    3. c

      as regards offshore installations, the Secretary of State;

    4. 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 19985;

  • “SEPA” means the Scottish Environment Protection Agency;