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Regulation 6 Determination of relevant date

Original text. Later amendments are not shown.

In regulation 4, the relevant date in respect of an existing installation is—

(a)

in the case of an installation to which regulation 5(2) applies, the date on which all of the following criteria are satisfied—

(i)

an approved decommissioning programme relating to the installation is in place and the financial security required as a condition of approval is either—

(aa)

provided; or

(bb)

to accrue over time in accordance with the programme;

(ii)

on or after 1st April 2017, any existing statutory consent is varied or a new statutory consent is issued in relation to the installation; and

(iii)

a notice is issued under section 108 of the 2004 Act (reviews and revisions of decommissioning programmes) proposing to modify the approved decommissioning programme in light of the new or varied statutory consent;

(b)

in the case of an installation to which regulation 5(3)(a) applies—

(i)

where an approved decommissioning programme relating to the installation requires, as a condition of that approval, financial security to accrue over time in accordance with the programme, and the requirement in sub-paragraph (ii) does not apply, the date of its approval; or

(ii)

where an approved decommissioning programme relating to the installation requires, as a condition of approval, all or part of the financial security to be provided by a prescribed date which is within four weeks of the date of its approval, the date that security is provided; and

(c)

in the case of an installation to which regulation 5(3)(b) applies, the date the security is provided.