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86.—(1) Except as provided by paragraph (2), it is the duty of the Secretary of State to enforce these Regulations and in doing so the Secretary of State may appoint a person to act on the Secretary of State’s behalf.
(2) It is the duty of the following authorities to enforce Parts 2 and 3, regulations 32(2), 33(2) and Parts 6 and 7—
(a)in England and Wales, the Environment Agency;
(b)in Scotland, SEPA; and
(c)in Northern Ireland, the Department of the Environment.
(3) No proceedings for an offence under these Regulations may be instituted in England, Wales or Northern Ireland except by or on behalf of an enforcement authority.
(4) Nothing in these Regulations authorises an enforcement authority to bring proceedings in Scotland for an offence.
(5) In these Regulations, “enforcement authority” means any person mentioned in this regulation.
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