Explanatory note

These Regulations implement Article 36 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast) (OJ No. L334, 17.12.2010, p.17) (“the 2010 Directive”). Article 36 of the 2010 Directive replicates the requirements of Article 9a of Directive 2001/80/EC of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ No. L309, 27.11.2001, p.1) (“the 2001 Directive”)^f1.

These Regulations relate to orders for development consent under the Planning Act 2008 (c. 29) and to consents under section 36 of the Electricity Act 1989 (c. 29) for the construction of combustion plants with a rated electrical output of 300 megawatts or more (and for extensions to combustion plants which will have the effect of increasing the rated electrical output of the plant to 300 megawatts or more). Before making such an order (regulation 3) or granting such a consent (regulation 5) the Secretary of State or Scottish Ministers (as applicable) must determine whether certain conditions are met relating to the feasibility of carbon capture and storage. If the conditions are met, the order or consent must include requirements or conditions for suitable space to be set aside for equipment necessary to capture and compress all the carbon dioxide that would otherwise be emitted from the plant. Regulations 4 and 6 make similar provision in the case of changes or variations to development consent orders or section 36 consents respectively, where the change or variation would enable a combustion plant to have a rated electrical output of 300 megawatts or more, or, in the case of a plant with an existing rated electrical output of 300 megawatts or more, would enable an increase in the rated electrical output of that plant.

An impact assessment was prepared in 2009 in relation to the adoption of policy and guidance for development consent orders and section 36 consents which reflected the requirements of Article 9a of the 2001 Directive (now contained in Article 36 of the 2010 Directive). An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. The 2009 impact assessment can be obtained from the Department of Energy and Climate Change, Energy Markets Unit, 4th Floor, 3 Whitehall Place, London, SW1A 2AW. Copies have been placed in the libraries of both Houses of Parliament.

A transposition note setting out how the 2010 Directive is transposed into the law of England and Wales is available and has been published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.