{
  "url": "https://openlegislation.uk/draft-environmental-permitting-england-and-wales-amendment-england-regulations-2026/regulation-20",
  "json_url": "https://openlegislation.uk/draft-environmental-permitting-england-and-wales-amendment-england-regulations-2026/regulation-20.json",
  "legislation": "ukdsi/2026/9780348288001",
  "legislation_title": "The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/draft-environmental-permitting-england-and-wales-amendment-england-regulations-2026",
  "path": "regulation/20",
  "kind": "regulation",
  "number": "20",
  "heading": "Transitional provision: application of deemed exemption conditions to exempt facilities",
  "text": "(1) This regulation applies where—\n(a) the Agency publishes deemed exemption conditions in accordance with regulation 19 in relation to an exempt facility, and\n(b) before 6th January 2027—\n(i) an establishment, undertaking, occupier or operator seeking to be registered in relation to that exempt facility has notified the exemption registration authority in accordance with paragraph 10 of Schedule 2 to the EPR 2016, but no entry has been made in the register concerned in relation to that application and the application has not been rejected, or\n(ii) that exempt facility is registered for the purposes of Schedule 2 to the EPR 2016.\n(2) Where this regulation applies—\n(a) the notification referred to in paragraph (1)(b)(i) is to be treated as a notification in relation to the published deemed exemption conditions;\n(b) the registration referred to in paragraph (1)(b)(ii) continues until the earlier of—\n(i) the expiry of its period of validity, determined in accordance with paragraph 15 of Schedule 2 to the EPR 2016,\n(ii) the removal of its entry in the register in accordance with the provisions of the EPR 2016,\n(iii) the date on which the deemed exemption conditions are revoked in accordance with regulation 19(3) in respect of a particular activity, unless paragraph (3) applies, and\n(iv) where paragraph (3) applies, the determination of the application for the grant of an environmental permit under regulation 13(1) of the EPR 2016 in respect of the activity concerned (the “permit application”).\n(3) This paragraph applies where—\n(a) the deemed exemption conditions are revoked in accordance with regulation 19(3) in respect of a particular activity on 6th April 2027, and\n(b) the operator has, before 6th April 2027, made a permit application to the regulator.\n(4) Paragraph (5) applies where—\n(a) a registration described in paragraph (1)(b)(ii)—\n(i) relates to an exempt facility which is an exempt waste operation falling within one of the paragraphs listed in Part 2 of the Schedule, and\n(ii) expires on or after 6th January 2027, and\n(b) the operator has, before 6th April 2027—\n(i) renewed or applied to renew the registration in accordance with paragraph 10 of Schedule 2 to the EPR 2016, and\n(ii) made a permit application to the regulator.\n(5) Where paragraph (4) applies, the registration continues until the determination of the permit application referred to in paragraph (4)(b)(ii).\n(6) In this regulation, “exempt facility” has the meaning given in regulation 5 of the EPR 2016.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348288001/regulation/20",
    "retrieved_at": "2026-10-30T14:36:43.751291+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}