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PART 1U.K.Introductory provisions

Interpretation: generalU.K.

2.—(1) In these Regulations—

“authorised person” means a person authorised under regulation 21;

[F1“civil penalty notice” means a notice served under paragraph 1 (as read with paragraphs 4 and 5) of Schedule 4;]

[F1“enforcement cost recovery notice” means a notice served under paragraph 6 of Schedule 4;]

“enforcement notice” means an enforcement notice served under regulation 25;

“enforcing authority” means—

(a)

as regards England, the Environment Agency, the local authority, the port health authority or the Secretary of State;

(b)

as regards Wales, the Natural Resources Body for Wales, the local authority, the port health authority or the Welsh Ministers;

(c)

[F2as regards Scotland, subject to paragraphs (e) and (f)—

(i)

each local authority;

(ii)

SEPA;

(iii)

the Scottish Ministers;]

(d)

as regards Northern Ireland, [F3the Department of Agriculture, Environment and Rural Affairs] or the local authority;

(e)

as regards offshore installations, the Secretary of State;

(f)

as regards Scottish offshore installations, the Scottish Ministers;

(g)

as regards Northern Ireland offshore installations—

(i)

in relation to installations used in connection with any of the activities described in regulation 4(4)(a) to (g), the Secretary of State;

(ii)

in relation to installations used in connection with any of the activities described in regulation 4(4)(h) and (i), [F3the Department of Agriculture, Environment and Rural Affairs];

“premises” includes—

(a)

land;

(b)

a vehicle or trailer;

(c)

an aircraft;

(d)

a ship;

(e)

an offshore installation or part of an offshore installation;

(f)

a Scottish offshore installation or part of a Scottish offshore installation;

(g)

a Northern Ireland offshore installation or part of a Northern Ireland offshore installation;

[F4“relevant enforcing authority” means—

(a)

as regards England—

(i)

the Environment Agency;

(ii)

the Secretary of State;

(b)

as regards Scotland, and subject to sub-paragraphs (c) and (d)—

(i)

SEPA;

(ii)

the Scottish Ministers;

(c)

as regards offshore installations, the Secretary of State;

(d)

as regards Scottish offshore installations, the Scottish Ministers;]

[F5“Scotland” is to be construed in accordance with section 126(1) and (2) of the Scotland Act 1998;]

[F5“SEPA” means the Scottish Environment Protection Agency;]

“ship” includes a hovercraft, submersible craft and any other floating craft but not a vessel which permanently rests on or is permanently attached to the seabed.

(2) In paragraph (1)—

“local authority” means—

(a)

as regards England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b)

as regards Wales, a county council or a county borough council;

(c)

as regards Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M1;

(d)

as regards Northern Ireland, a district council, within the meaning of section 44 of the Interpretation Act (Northern Ireland) 1954 M2;

“port health authority” means—

(a)

in relation to the London port health district (within the meaning given by section 7(1) of the Public Health (Control of Disease) Act 1984 M3), the Common Council of the City of London;

(b)

in relation to any port health district constituted by order under section 2(3) of that Act, the port health authority for that district constituted by order under section 2(4) of that Act.

Textual Amendments

Marginal Citations

M11994 c. 39. Section 2 is amended by paragraph 232(1) of Schedule 22 to the Environment Act 1995 (c. 25).