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The Environmental Information (Scotland) Regulations 2004

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Enforcement and appeal provisions

17.—(1) The provisions of Part 4 of the Act (Enforcement) including schedule 3 (powers of entry and inspection), shall apply for the purposes of these Regulations as they apply for the purposes of the Act but with the modifications specified in paragraph (2).

(2) In the application of any provision of the Act by paragraph (1) any reference to–

(a)the Act is deemed to be a reference to these Regulations;

(b)the requirements of Part 1 of the Act is deemed to be a reference to the requirements of these Regulations;

(c)a Scottish public authority is deemed to be a reference to a Scottish public authority within the meaning of these Regulations;

(d)the code of practice under section 60 or 61 of the Act (issue of a code of practice by the Scottish Ministers) is deemed to be a reference to any code of practice issued under regulation 18(1);

(e)sections 29 (formulation of Scottish Administration policy), 31(1) (national security and defence), 32(1)(b) (international relations), 34 (investigations by Scottish public authorities and proceedings arising out of such investigations), 36(1) (confidentiality) and 41(b) (communications with Her Majesty etc. and honours), in section 52(1)(b) (exception from duty to comply with certain notices) of the Act is deemed to be reference to regulations 10(4)(e) and 10(5)(a), (b), (d) and (e);

(f)a notice under section 21(5) or (9) (review by a Scottish public authority) of the Act is deemed to be a reference to a notice under regulation 16(4); and

(g)the period allowed in section 21(1) of the Act is deemed to be a reference to the period specified in regulation 16(4).

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