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The Water Environment (Controlled Activities) (Scotland) Regulations 2005
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- Scottish Statutory Instruments
- 2005 No. 348
- PART VI
- Regulation 32
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This version of this provision is prospective.
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Changes and effects yet to be applied to Regulation 32:
- Instrument appl by S.S.I. 2006/133 reg 3
- Regulations revoked by S.S.I. 2011/209 reg. 58(1)(a)
- reg. 32 coming into force by S.S.I. 2005/348 reg. 1(2)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 3 rule 16 words substituted by S.S.I. 2009/420 reg. 4(7)
- Sch. 8 para. 1(v)(w) inserted by S.S.I. 2009/420 reg. 4(9)(b)
- reg. 10(A1) inserted by S.S.I. 2009/420 reg. 4(4)(a)
- reg 15A added by S.S.I. 2006/553 reg 2
Prospective
Power of the Scottish Ministers and SEPA to obtain informationS
32.—(1) The Scottish Ministers may require SEPA, by notice served on it, to furnish such information about the discharge of its functions under these Regulations as the Scottish Ministers may require.
(2) SEPA may serve on any person a notice requiring that person to furnish to SEPA, within a period or at times specified in the notice and in a form so specified, any information so specified which SEPA reasonably considers is necessary for the purpose of any function conferred on SEPA by–
(a)the Act;
(b)the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003(1);
(c)the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004(2); and
(d)these Regulations.
(3) The information which a person may be required to furnish under paragraph (2) shall include information which, although it is not in the possession of that person or would not otherwise come into the possession of that person, is information which it is reasonable to require that person to obtain for the purposes of complying with the information notice.
(4) Nothing in this regulation authorises the Scottish Ministers or SEPA to require disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.
Commencement Information
I1Reg. 32 in force at 1.4.2006, see reg. 1(2)
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