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7. Interpretation of the Guidance
There may be circumstances where there are disagreements between SEPA and local authorities over the interpretation of this guidance, or of other matters concerning the operation of the Regulations that are not yet covered by the Regulations. In such circumstances, both SEPA and the local authority may write to the Executive, stating their differing interpretation, and the Executive may provide further clarification. While this consideration is underway, SEPA's decision will remain valid.
In providing further clarification, the Executive may write to SEPA and the local authority, and might consider amending the guidance, in consultation with partners, to remove any ambiguity.
In more fundamental cases, the Executive may consider proposing amendments to the Regulations.
A final option would be to indicate that a matter could be considered a relevant mitigating factor in Ministers' consideration of whether to notify an assessed penalty under regulation 21.
Ultimately, of course, matters could be resolved by court proceedings albeit that it would be in all parties' interests to avoid this happening.
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