Explanatory note

These Regulations are made under section 2 of the Pollution Prevention and Control Act 1999 (c. 24). They amend certain transitional provisions in Part 2 of Schedule 3 to the Pollution Prevention and Control (England and Wales) Regulations 2000 (S.I. 2000/1973) (the 2000 Regulations) to deal with cases where the deemed application procedure set out in paragraph 9(3) of that Schedule applies to unauthorised Part B processes, that is Part B processes which are carried out without an authorisation pursuant to section 6 of the Environmental Protection Act 1990 (1990 c. 43).

Regulation 3(1) provides that where on the date of coming into force of the Regulations a deemed application has not been determined by the regulator, it will be deemed to have been refused after the expiry of a period of one month from that date or such longer period as may be agreed between the operator and the regulator.

Regulation 3(2) provides that paragraph 9(3) of Part 2 of Schedule 3 to the 2000 Regulations (deemed application) shall not apply to any Part B installation or mobile plant where an unauthorised Part B process is carried out provided that the relevant date for that installation or mobile plant (specified in paragraph 10 of that Schedule) is a date after the coming into force of these Regulations and no authorised Part B process is being carried out at the same installation.

Regulation 3(3) provides that for a Part B installation or mobile plant to which regulation 3(2) applies, the prescribed date for the purposes of regulation 9(1) of the 2000 Regulations shall be the relevant date specified in paragraph 10 of Part 2 of Schedule 3 to the 2000 Regulations for that installation or mobile plant.

These Regulations extend to England and Wales.

A regulatory impact assessment has been prepared and copies can be obtained from AEQ Division, Department for Environment, Food and Rural Affairs, Zone 4/G9, Ashdown House, 123 Victoria Street, London SW1E 6DE.