Regulation 5012

For regulation 50 (enforcement bodies) substitute—

Enforcement50

1

The Community Regulation and these Regulations are enforced by—

a

in relation to England and the English area, the Environment Agency;

b

in relation to Wales and the Welsh area, the Natural Resources Body for Wales;

c

in relation to Scotland and the Scottish area, the Scottish Environment Protection Agency;

d

in relation to Northern Ireland and the Northern Irish area, the Department of the Environment in Northern Ireland.

2

Nothing in this regulation authorises a competent authority to bring proceedings in Scotland for an offence.

Authorised persons50A

1

A competent authority may authorise persons in writing for the purposes of enforcing the Community Regulation and these Regulations.

2

An authorisation under either of the following is an authorisation for the purposes of paragraph (1), unless the body which issued the authorisation specifies to the contrary—

a

section 108 of the Environment Act 199512;

b

Article 72 of the Waste and Contaminated Land (Northern Ireland) Order 199713.

Assistance by the Secretary of State in relation to offshore installations50B

1

The Secretary of State may assist a competent authority in its enforcement of the Community Regulation and these Regulations on or in relation to offshore installations, in particular by inspecting such installations and providing a competent authority with information to facilitate the effective enforcement of the Community Regulation and these Regulations.

2

The Secretary of State may authorise persons in writing for the purposes of exercising the function described in paragraph (1).

3

An authorisation under either of the following is an authorisation for the purposes of paragraph (2), unless the Secretary of State specifies to the contrary—

a

regulation 16 of the Offshore Chemicals Regulations 200214;

b

regulation 12 of the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 200515.