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The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003

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Notice to remedy contravention of regulation 3

4.—(1) Where the Scottish Ministers are of the opinion that a person–

(a)is contravening a requirement imposed by Regulation 3 above in circumstances which make it likely that the contravention will continue;

(b)has contravened such a requirement; or

(c)has contravened such a requirement in circumstances which make it likely that the contravention will be repeated,

they may serve a notice on that person in accordance with this regulation.

(2) A notice served in accordance with this regulation shall–

(a)require the person upon whom it is served to carry out such works or to take such precautions and other steps as the Scottish Ministers consider appropriate in order to remedy, or to prevent the continuation or repetition of, any contravention to which the notice relates;

(b)state the period within which any such requirement is to be complied with; and

(c)inform the person on whom it is served of the provisions of Regulation 5 below.

(3) The period stated in the notice for compliance with any such requirement shall be such period as is reasonable in the circumstances and shall not in any case be a period of fewer than 28 days.

(4) The Scottish Ministers may at any time–

(a)withdraw the notice;

(b)extend the period for compliance with any requirement of the notice; or

(c)modify the requirements of the notice:

Provided that such modification if not consented to, or made in consequence of a direction under Regulation 5(7) below, shall impose no greater burden on the person upon whom the notice is served than the requirements of the notice before modification.

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