PART 5Public Registers

Duty of the regulator to maintain a public register46

1

Subject to regulations 47 and 48, the regulator must maintain a register (a “public register”) containing the information in paragraph 1 of Schedule 24 (public registers).

2

Nothing in paragraph (1) requires a public register to contain information relating to criminal proceedings, or anything which is the subject matter of criminal proceedings, before those proceedings are finally disposed of.

3

In paragraph (2), “criminal proceedings” includes prospective criminal proceedings.

4

A local authority must also include on its public register any information which is included on the Agency’s public register in respect of a regulated facility (other than mobile plant or a stand-alone water discharge activity or stand-alone groundwater activity)—

a

for which the Agency is the regulator; and

b

which is in the area of the authority.

5

But—

a

paragraph (4) does not apply to a port health authority; and

b

every local authority whose area adjoins that of a port health authority must comply with paragraph (4) as if the port health authority had not been constituted.

6

The Agency must provide the local authority with the information necessary to comply with paragraph (4).

7

The regulator must enter information on its public register as soon as reasonably practicable after it comes within the regulator’s possession.

8

Where information of any description is excluded from any public register under regulation 48, a statement must be entered on the register indicating the existence of information of that description.

9

The regulator must—

a

make its public register available for public inspection at all reasonable times, free of charge; and

b

enable members of the public to obtain copies of entries on its public register on payment of a reasonable charge.

10

A public register may be kept in any form.