The Water Environment (Remedial Measures) (Scotland) Regulations 2016
Scottish Statutory Instrument 2016 No. 19 — creates 4 criminal offences.
- Made
- 13 January 2016
- In force from
- 1 April 2016
- Extent
- Not stated
- Subject
- Health and safety, environment, waste and fisheries
- Made under
- European Communities Act 1972, Schedule 2A to, the Water Environment and Water Services (Scotland) Act 2003
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations provide for SEPA to serve a notice (“a remedial measures notice”) on an “appropriate person” requiring that person to undertake specified remedial measures (regulation 3). An “appropriate person” means the Scottish Ministers, Network Rail or any public body or office holder designated as a “responsible authority” by an order under section 2 of the Water Environment and Water Services (Scotland) Act 2003. SEPA may only serve a remedial measures notice if satisfied that— a the appropriate person owns, manages, maintains or is otherwise responsible for an artificial structure which by virtue of its detrimental impact on the characteristics of a body of water is likely to prevent or delay the achievement of an environmental objective; b it is necessary or expedient for the purposes of facilitating the achievement of that objective for that person to undertake the remedial measures; and c the measures specified in the remedial measures notice are necessary and proportionate for those purposes. It is an offence to fail to comply with a remedial measures notice (regulation 11). A person who has been served a remedial measures notice may appeal to the Scottish Ministers against the notice (regulation 16). No business and regulatory impact assessment has been prepared for these Regulations as no significant change is foreseen to the existing impacts upon business, charities or voluntary bodies.
Offences created by this instrument
- It is an offence for an appropriate person to— a fail to comply with the requirements of a remedial measures notice; b… regulation 11(1) · Status not determined · Strict liability
- It is an offence for a person to— a obstruct an authorised person in the exercise of that person’s powers under… regulation 11(2) · Status not determined · Requires proof of a state of mind
- g cause or permit any other person to commit an offence under paragraph (1) or sub-paragraphs (a) to (f) of this… regulation 11(2)(g) · Status not determined · Strict liability
- Where— a an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other… regulation 14(1) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2016