The Fluorinated Greenhouse Gases (Amendment) Regulations 2018

Amendment of regulation 2 (interpretation: general)

This section has no associated Explanatory Memorandum

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—

(a)

as regards England—

(i)

the Environment Agency;

(ii)

the Secretary of State;

(b)

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

(i)

SEPA;

(ii)

the Scottish Ministers;

(c)

as regards offshore installations, the Secretary of State;

(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 1998(1);

“SEPA” means the Scottish Environment Protection Agency;.