The Environmental Protection (Controls on Ozone–Depleting Substances) (Amendment) Regulations 2008

2.  For regulation 2(1), substitute—

“(1) In these Regulations—

“the 1979 Act” means the Customs and Excise Management Act 1979(1);

“the Agency” means—

(a)

as regards England and Wales, the Environment Agency, and

(b)

as regards Scotland, the Scottish Environment Protection Agency;

“authorised person” means a person authorised under regulation 3A;

“the commencement date” means the date on which these Regulations come into force;

“enforcement notice” means a notice served under regulation 15(1);

“the enforcing authority” means—

(a)

as regards England, the Agency, the local authority, the port health authority or the Secretary of State;

(b)

as regards Wales, the Agency, the local authority, the port health authority or the Welsh Ministers;

(c)

as regards Scotland, the Agency, the local authority or Scottish Ministers;

(d)

as regards offshore installations, the Secretary of State;

“local authority” means—

(a)

in relation to England—

(i)

a district council,

(ii)

a county council that is the council for a county in which there are no district councils,

(iii)

a London borough council,

(iv)

the Common Council of the City of London, or

(v)

the Council of the Isles of Scilly;

(b)

in relation to Wales—

(i)

a county council, or

(ii)

a county borough council;

(c)

in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(2);

“the marine area” means—

(a)

the tidal waters and parts of the sea in or adjacent to the United Kingdom up to the seaward limits of the territorial sea; and

(b)

the area designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964(3);

“offshore installation” has the meaning given in paragraph (1A);

“port health authority” means—

(a)

in relation to the London port health district (within the meaning given by section 7(1) of the Public Health (Control of Disease) Act 1984(4)), the Common Council of the City of London; and

(b)

in relation to any port health district constituted by order under section 2(3) of that Act, the port health authority for that district constituted by order under section 2(4) of that Act;

“premises” includes—

(a)

land;

(b)

a vehicle or trailer;

(c)

a container;

(d)

an aircraft;

(e)

a ship; and

(f)

an offshore installation or a part of an offshore installation,

and a reference to entering premises includes a reference to boarding an aircraft, a ship or an offshore installation;

“the principal Regulation” means Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer(5);

“prohibition notice” means a notice served under regulation 15(3); and

“ship” includes a hovercraft, submersible craft and any other floating craft but not a vessel which permanently rests on or is permanently attached to the seabed.

(1A) In these Regulations, “offshore installation” means an installation or structure, other than a ship, used for carrying on an activity in paragraph (1B) which is situated in the waters of, or on or under the seabed in, the marine area.

(1B) The activities referred to in paragraph (1A) are—

(a) the exploitation, or the exploration with a view to exploitation, of mineral resources in or under the shore or bed of waters in the marine area;

(b) the storage of gas in or under the shore or bed of waters in the marine area or the recovery of gas so stored;

(c) the conveyance of things by means of a pipe, or system of pipes, constructed or placed on, in or under the shore or bed of waters in the marine area; and

(d) the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity falling within sub-paragraph (a), (b) or (c) or this sub-paragraph.”.

(1)

1979 c.2.

(2)

1994 c. 39.

(3)

1964 c. 29. Section 1(7) is amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c. 23). Areas have been designated under section 1(7) by S.I. 1987/1265 (as amended by S.I. 2000/3062), S.I. 2000/3062 (as amended by S.I. 2001/3670) and S.I. 2001/3670.

(4)

1984 c. 22.

(5)

OJ L 244, 29.9.2000, p.1; latest amending legislation is published at OJ L 363, 20.12.2006, p. 1.