SEPA to be enforcement authority under the Reservoirs Act 1975
84SEPA to be enforcement authority under the Reservoirs Act 1975
(1)The Reservoirs Act 1975 (c. 23) (referred to in this Part as “the 1975 Act”) is amended as follows.
(2)In section 1 (ambit and interpretation), after subsection (4A) insert—
“(4B)The “area” of the Scottish Environment Protection Agency (referred to in this Act as “SEPA”), in its capacity as a relevant authority for the purposes of this Act, is the whole of Scotland.”.
(3)In section 2(1) (relevant authorities), for the words from “councils” to “1994” substitute “SEPA”.
(4)In Schedule 1 (index of definitions), after the entry for “Area (in relation to the Environment Agency)” insert—
| “Area (in relation to SEPA) | Section 1(4B)”. |
85Transitional arrangements
(1)An existing relevant authority is a body which, immediately before the date of commencement of section 84 (“the commencement date”), is a relevant authority in Scotland for the purposes of the 1975 Act.
(2)Each existing relevant authority must, no later than 28 days after the commencement date, give to SEPA—
(a)the register maintained by the authority under section 2(2) of that Act, and
(b)any other documents, records or other information in its possession which relate to the exercise of the authority’s functions as an enforcement authority within the meaning of section 2(6) of that Act (referred to in this section as its “enforcement functions”).
(3)An existing relevant authority must give SEPA such assistance as SEPA may reasonably require for the purposes of facilitating the taking over by SEPA of the authority’s enforcement functions.
(4)Nothing in this section affects the validity of anything done by or in relation to an existing relevant authority in the exercise of its enforcement functions before the commencement date.
(5)There may be continued by or in relation to SEPA anything (including legal proceedings) which relates to any of an existing relevant authority’s enforcement functions and is in the process of being done by or in relation to the authority immediately before the commencement date.
(6)Anything which was done by an existing relevant authority for the purpose of or in connection with any of its enforcement functions and is in effect immediately before the commencement date has effect as if done by SEPA.
86Service of documents
(1)In section 15(4) of the 1975 Act (reserve powers of enforcement authorities)—
(a)after “section 22A” insert “or 22B”,
(b)the words “or section 192 of the Local Government (Scotland) Act 1973” are repealed.
(2)After section 22A of that Act insert—
“22BService of notices by SEPA
Section 123 of the Environment Act 1995 (service of documents) applies to any document authorised or required by virtue of any provision of this Act to be served or given by SEPA as if it were authorised or required to be served or given by or under that Act.”.