The Water Environment (Remedial Measures) (Scotland) Regulations 2016

  1. Introductory Text

  2. PART 1 etc.

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2

    1. 3.Remedial measures notice

    2. 4.Content of notice

  4. PART 3

    1. 5.Prior consultation

    2. 6.Variation notice

    3. 7.Revocation notice

  5. PART 4

    1. 8.Powers and duty to monitor, enforce etc.

    2. 9.Power to obtain information

    3. 10.Enforcement by the courts

  6. PART 5

    1. 11.Offences

    2. 12.Defences

    3. 13.Penalties

    4. 14.Offences by bodies corporate

    5. 15.Power of court to order offence to be remedied

  7. PART 6

    1. 16.Appeals to the Scottish Ministers

    2. 17.Determination of appeals

    3. 18.Effect of notices etc. during consideration of appeal

    4. 19.Appeals – miscellaneous

  8. PART 7

    1. 20.Application to the Crown

    2. 21.Consequential amendments

    3. 22.(1) Regulation 44 of the 2011 Regulations (offences) is amended...

  9. Signature

    1. SCHEDULE

      Procedures in connection with appeals to the Scottish Ministers

      1. 1.A person who wishes to appeal to the Scottish Ministers...

      2. 2.The documents specified in this paragraph are—

      3. 3.An appellant may withdraw an appeal by notifying the Scottish...

      4. 4.Subject to paragraph 5, notice of appeal in accordance with...

      5. 5.The Scottish Ministers may in a particular case allow notice...

      6. 6.Subject to paragraph 9, SEPA must, within 14 days of...

      7. 7.A notice given under paragraph 6 must—

      8. 8.SEPA must, within 14 days of giving a notice under...

      9. 9.In the event of an appeal being withdrawn, SEPA must...

      10. 10.Hearing procedure

      11. 11.A hearing held under paragraph 10 may, if the appointed...

      12. 12.If the Scottish Ministers cause a hearing to be held...

      13. 13.In the case of a hearing which is to be...

      14. 14.The Scottish Ministers may vary the date fixed for the...

      15. 15.The Scottish Ministers may also vary the time or place...

      16. 16.The persons entitled to be heard at any hearing are...

      17. 17.Nothing in paragraph 16 prevents the appointed person from permitting...

      18. 18.After the conclusion of a hearing, the appointed person must...

      19. 19.Procedure for written representations

      20. 20.The appellant must make any further written representations by way...

      21. 21.Any written representations made by the appellant or SEPA must...

      22. 22.When SEPA or the appellant submits any written representations to...

      23. 23.The Scottish Ministers must send to the appellant and SEPA...

      24. 24.The Scottish Ministers may in a particular case—

      25. 25.Determination and publication of appeal

      26. 26.The Scottish Ministers must at the same time send a...

  11. Explanatory Note