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The Water Environment (Controlled Activities) (Scotland) Regulations 2011
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- Scottish Statutory Instruments
- 2011 No. 209
- PART VI
- Regulation 40
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Procedure relating to information which might be confidential
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40.—(1) If it appears to SEPA that any information that has been obtained by it under or by virtue of any provision of these Regulations and is required to be included in the register, might be commercially confidential, SEPA must—
(a)give to the person to whom or whose business it relates notice that that information is required to be included in the register; and
(b)give that person a reasonable opportunity—
(i)of objecting to the inclusion of the information on the ground that it is commercially confidential; and
(ii)of making representations to SEPA indicating why the person considers the information to be commercially confidential, together with such further information in support of the objection as the person considers appropriate.
(2) The provisions of regulation 14(1) and (2) apply to an objection under paragraph (1) as they do to an application.
(3) SEPA must determine whether the information is or is not commercially confidential and must give notice of its determination to the person to whom or whose business it relates.
(4) This regulation does not apply if the information is the subject of an application under regulation 39.
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