The Water Environment (Controlled Activities) (Scotland) Regulations 2005

Power of the Scottish Ministers and SEPA to obtain information

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.

(1)

S.I. 2003/3245.

(2)

S.I. 2004/99.