22.—(1) Regulation 44 of the 2011 Regulations (offences) is amended as follows.
(2) In paragraph (1), for “It” substitute “Subject to paragraph (1A), it”.
(3) After paragraph (1) insert—
“(1A) Paragraph (1)(e) to (i) does not apply in relation to a person authorised in accordance with regulation 31(4) to exercise the powers specified in Part 1 of Schedule 6 in accordance with the requirements of Parts 2 and 3 of that Schedule where the powers are to be exercised for the purposes of discharging any of SEPA’s functions under regulation 31(5)(e).”.