The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008

Serving of noticesS

This section has no associated Executive Note

28.—(1) Where the Scottish Ministers are of the opinion that an occupier has contravened a requirement imposed by these Regulations, they may serve a notice on the occupier in accordance with paragraph (2).

(2) A notice must–

(a)require the occupier 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 occupier on whom it is served of any right of appeal under these Regulations.

(3) The period stated in the notice for compliance with any such requirement must be such period as is reasonable in the circumstances and must 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.

(5) Unless a modification of the requirements of a notice is consented to by the occupier or is made in consequence of a direction under regulation 29(6), the modification is to impose no greater burden on the occupier than the notice did before modification.