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4.1 Section 4(2) of the Act designates for Scotland two responsible bodies for the enforcement of the provisions of Part 1 of the Act insofar as they apply to prescribed processes designated for central control. They are respectively the chief inspector so appointed for Scotland, or the relevant river purification authority. For the purposes of the Act the Secretary of State has. by virtue of section 16(3), appointed the Chief Inspector, HM Industrial Pollution Inspectorate (HMIP1) as the designated chief inspector. Under section 16(4) the Chief Inspector may delegate some or all of his responsibilities under the Act to appropriately appointed inspectors. The relevant river purification authority has been designated by regulations to be the authority in whose area the prescribed process in question is carried on.
4.2 The Act does not itself prescribe the circumstances in which one or other of the two Scottish authorities will be responsible for carrying out the functions placed on them. This is done by regulations under section 5(1) - The Environmental Protection [Determination of Enforcing Authority etc] (Scotland) Regulations 1992. Whichever of the two is determined under these Regulations to be the enforcing authority must consult the other about all applications received for authorisation under IPC, about the variation or revocation of an authorisation and where practicable about the service of enforcement or prohibition notices. It must also copy to the "consulted authority" any notifications of the transfer of authorisations.
4.3 The Chief Inspector, HMIPI, is designated by these Regulations to be the enforcing authority when a process described in Schedule 1 to the Environmental Protection (Prescribed Processes and Substances) Regulations 1991. S1472 - hereinafter referred to as S1472 - and prescribed for central control gives rise to:
a. the release into the air of substances prescribed in Schedule 4 of S1472, whether or not the process also has emissions of prescribed substances into land or water or both.
b. the release into land of substances prescribed in Schedule 6 of S1472 whether or not it also gives rise to the release into air of a Schedule 4 substance but not if it gives rise to release into water of a Schedule 5 substance.
4.4 The river purification authority is designated by the Regulations to be enforcing authority when a process give rise to the release into water of a substance prescribed in Schedule 5 to S1472 whether or not it also gives rise to a release of a Schedule 6 substance into land.
4.5 Where the enforcing authority is deemed to be the river purification authority. the responsible Authority will be that in whose area the prescribed process is, is to be, has been or was to have been carried on.
4.6 The consulted authority is required to give an opinion with reasons on the applications submitted to it by the enforcing authority, and may also recommend appropriate conditions to be included in the authorisation. Provided such responses are received in due time the enforcing authority is required to consider them when preparing the relevant authorisations.
4.7 Where the river purification authority is the "consulted authority" it may require the enforcing authority to include in authorisations conditions relating to the discharge to controlled waters of prescribed substances or of any other substance which might cause harm. Such conditions will be included in authorisations unless the enforcing authority believes that by so doing the best available techniques not entailing excessive cost will not be used when the best practicable environmental option is taken into consideration.
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