Paragraph 10 Time limits for determining applications

(1)

Where—

(a)

SEPA fails to determine an application within the determination period; and

(b)

the applicant serves notice on SEPA that the applicant wishes the failure to be treated as a refusal,

the application is deemed to have been refused on the day on which the notice is served.

(2)

SEPA may determine an application after the end of the determination period unless the application has been deemed refused in accordance with sub-paragraph (1).

(3)

In this paragraph, “the determination period” means—

(a)

for an application F1and any required fee for—

(i)

registration;

(ii)

variation of a registration;

(iii)

transfer of a registration;

(iv)

surrender of a registration; or

(v)

transfer of a revocation notice relating to a registration,

the period of 28 days beginning with the date on which SEPA receives an application;

(b)

for an application and any required fee for—

(i)

transfer of a permit; or

(ii)

transfer of a revocation notice relating to a permit,

the period of two months beginning with the date on which SEPA receives the application, or such longer period as may be agreed with the applicant in writing;

(c)

for an application and any required fee for—

(i)

a permit;

(ii)

the variation of a permit; or

(iii)

the surrender of a permit,

the period of four months beginning with the date on which SEPA receives the application, or such longer period as may be agreed with the applicant in writing.

Annotations

Textual amendments

F1: Words in sch. 1 para. 10(3)(a)-(c) inserted (26.3.2026) by The Environmental Authorisations (Scotland) Amendment Regulations 2026 (S.S.I. 2026/55), regs. 1, 8