Anti-Pollution Works (Scotland) Regulations 2003
| Jurisdiction | Scotland |
| Citation | SSI 2003/168 |
SCOTTISH STATUTORY INSTRUMENTS
2003 No. 168
ENVIRONMENTAL PROTECTION
The Anti-Pollution Works (Scotland) Regulations 2003
Made 10th March 2003
Laid before the Scottish Parliament 11th March 2003
Coming into force 1st April 2003
The Scottish Ministers, in exercise of the powers conferred by sections 41(1), 46A(5)(a), 46B(5)
and (6), 46C(3), (4)(d) a nd (4)(e), 104(1)(a) and 105(1) of the Control of P ollution Act 1974(a)
and of all other powers ena bling them in that behalf, hereb y make the following Regulations:
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Anti-Pollution Works (Scotland) Regulations
2003 and shall come into force on 1st April 2003.
(2) These Regulations extend to Scotland only.
Interpretation
2.—(1) In these Regulations–
(a) “the Act” means the Control of Pollution Act 1974; and
(b) the parties to an appeal are the appella nt, SEPA and any perso n upon whom the
appellant considers SEPA should instea d have served a copy of a not ice in accordance
with regulation 4(4)(b) of these Regulations.
(2) A reference in these Regulations to a notice, to anything done in writing or produced in
written form, includes a reference to an electronic communication, as defined in the Electronic
Communications Act 2000( b) which has been recorded and is c onsequently capable of being
reproduced.
(3) In these Regulatio ns–
(a) any reference to a numbered regulation is a reference to the regulation so numbered in
these Regulations; and
(b) any reference in a regulation or the Schedule to a num bered paragraph is a re ference to
the paragraph so numbere d in that regulation or Schedule.
Content of works notices
3. A works notice shall–
(a) in any case where it appears to SE PA that any poisonous, noxio us or polluting matter or
any solid waste matter is likely to enter any controlled waters, describe the matter
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(a) 1974 c.40; section 41(1) was amended by the Environment Act 1995 (c.25) (“the 1995 Act”), Schedule 22, paragraph
29; sections 46A to 46D were inserted by the 1995 Act, Schedule 22, paragraph 29(22); section 104(1) was amended
by the Water Act 1989 (c.15), Schedule 23, paragraph 7 and was repealed in pa rt by the 1995 Act, Schedul e 22,
paragraph 29(34) and by Schedule 24; section 105(1) contains definitions of “prescribed” and “regulations” which are
relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the
Secretary of State were transfe rred to the Scottish Ministers by virtue of section 53 of the Sco tland Act 1998 (c.46).
(b) 2000 c.7.
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