- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
1.—(1) Where the Secretary of State intends to make a request to the European Commission under Article 16(5) of the Directive to impose an operating ban on a UK administered operator (“A”), the Secretary of State must first—
(a)receive consent from—
(i)the Scottish Ministers, where SEPA is the regulator;
(ii)the Welsh Ministers, where A’s registered office is in Wales;
(iii)the Department of the Environment in Northern Ireland, where the chief inspector is the regulator; and
(b)give notice to the regulator.
(2) A notice under sub-paragraph (1)(b) may require relevant information to be provided to the Secretary of State by a deadline specified in the notice, and may require in particular—
(a)evidence that A has not complied with obligations under these Regulations; and
(b)details of any enforcement action against A that has been taken by the regulator.
(3) Following the giving of notice under sub-paragraph (1)(b) and, where applicable, the provision of information under sub-paragraph (2), the Secretary of State must give notice to A.
(4) A notice under sub-paragraph (3) must—
(a)include a copy of any information provided under sub-paragraph (2);
(b)include a copy of the request that the Secretary of State intends to send to the European Commission;
(c)give A an opportunity to make representations before the Secretary of State makes the request; and
(d)set out the deadline by which those representations must be made.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: