The Water Environment (Remedial Measures) (Scotland) Regulations 2016

PART 3 Notices under Part 2: further provision

Prior consultation

5.—(1) Before serving a remedial measures notice, SEPA must consult each—

(a) appropriate person on whom the notice is to be served; and

(b) other person as appears to SEPA likely to be substantially affected by the notice.

(2) Each person must be consulted on the details of the proposed notice in such manner as SEPA considers appropriate with a view to—

(a) bringing the proposed notice to the attention of the person; and

(b) inviting any such person who wishes to make representations to do so in writing to SEPA within a period of 28 days beginning with the date on which they were consulted.

(3) SEPA must have regard to any representations it receives by virtue of paragraph (2)(b) before deciding to serve the notice.

Variation notice

6.—(1) SEPA may vary a remedial measures notice (as varied in accordance with any variation notice) (“the principal notice”) by serving a variation notice on each appropriate person on whom the principal notice was served.

(2) The variation notice must—

(a) identify the principal notice; and

(b) specify—

(i) the variation to the principal notice;

(ii) the date on which the variation takes effect (which must be at least 28 days after the date on which the variation notice is received by the appropriate person); and

(iii) the reason for the variation.

(3) The variation takes effect on the date specified in the variation notice (and this may be before, on or after a date specified in the principal notice by which a measure must be undertaken).

Revocation notice

7.—(1) SEPA may revoke (in whole or in part) a remedial measures notice (as varied in accordance with any variation notice) (“the principal notice”) by serving a revocation notice on each appropriate person on whom the principal notice was served.

(2) The notice served under paragraph (1) must—

(a) identify the principal notice; and

(b) specify—

(i) in the case of a partial revocation, the part of the principal notice which is revoked;

(ii) the date on which the revocation takes effect; and

(iii) the reasons for the revocation.

(3) Where a principal notice is revoked under paragraph (1), the principal notice (or, in the case of a partial revocation, the part of the principal notice which is revoked) ceases to have effect from the date specified in the revocation notice on which the revocation takes effect.

(4) Where a revocation notice wholly revokes the principal notice (or the remaining parts of it), any variation notice which varied the principal notice is also revoked.