Regulation 50
12. For regulation 50 (enforcement bodies) substitute—
“Enforcement
50.—(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 persons
50A.—(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 1995(1);
(b)Article 72 of the Waste and Contaminated Land (Northern Ireland) Order 1997(2).
Assistance by the Secretary of State in relation to offshore installations
50B.—(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 2002(3);
(b)regulation 12 of the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005(4).”.
1995 c.25; section 108 is amended by the Anti-social Behaviour Act 2003 (c.38), section 55(6), (7), (8) and (9); the Clean Neighbourhoods and Environment Act 2005 (c.16), section 53; the Protection of Freedoms Act 2012 (c.9), paragraph 3(1), (2), (3) and (4) of Schedule 2; S.I. 2000/1973 and 2010/675; S.S.I. 2000/323 and 2006/181; and S.I. 2013/755 (W.90).
S.I. 1997/2778 (N.I. 19); article 72 is amended by S.I. 2007/2611 (N.I. 3), article 18(1) and the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 (c.5), sections 5(1) and 6.
S.I. 2002/1355; relevant amending instruments are S.I. 2005/2055 and 2011/982.
S.I. 2005/2055, amended by S.I. 2011/983.