Article 12 Article 2a inserted

After Article 2 insert—

“Article 2a

Sub-installation to be treated as ceasing operation: regulator’s notice

1.

Where the regulator gives a notice under paragraph 2 to the operator of an installation that includes a sub-installation at which all operations have ceased, the sub-installation must be treated as having ceased operation for the purposes of this Regulation on the last day on which operations were carried out at the sub-installation.

2.

A notice under this paragraph is a notice that states that the regulator considers that all operations have permanently ceased at the sub-installation.

3.

The regulator may give a notice under paragraph 2 if, at any time during which all operations have ceased at a sub-installation, the operator fails to satisfy the regulator (whether in accordance with Article 3(9) or otherwise) that each of the following conditions is met in respect of the sub-installation:

(a)

the operator intends for operations to resume at the sub-installation;

(b)

either:

(i)

the sub-installation is technically capable of resuming those operations without physical changes being made; or

(ii)

the operator intends for the technical capability required for those operations to resume to be restored at the sub-installation.

4.

To avoid doubt, nothing in this Article prevents the regulator from giving a notice under paragraph 2 in circumstances in which the regulator has previously confirmed that the regulator was, at that time, satisfied that the conditions referred to in paragraph 3 were met in respect of the sub-installation.

5.

The regulator may withdraw a notice under paragraph 2 at any time by giving notice of the withdrawal to the operator.”.