Section 96E Upgrade dateF1

(1)

The upgrade date, in relation to a nutrient significant plant, is, unless subsection (2) or (3) applies—

(a)

1 April 2030, if the designation of the associated catchment area takes effect during the initial period;

(b)

the date specified under section 96C(4)(d), if the designation of the associated catchment area takes effect after the end of the initial period.

(2)

But, if the plant becomes a nutrient significant plant after the designation of the associated catchment area takes effect, the upgrade date is—

(a)

the date specified under section 96D(4), where it becomes a nutrient significant plant by virtue of a designation under section 96D(2);

(b)

the date specified by or determined under provision made by virtue of section 96D(10), where it becomes a nutrient significant plant on ceasing, by virtue of regulations under section 96D(8), to be exempt.

(3)

Where the associated catchment area has ceased to be a catchment permitting area and a date has been specified under section 96H(4)(c), that date is the upgrade date.

(4)

“The initial period” means the period of 3 months beginning with the date on which the Levelling-up and Regeneration Act 2023 is passed.

(5)

References in this section to the designation of an associated catchment area are to its designation as a sensitive catchment area.

Annotations

Textual amendments

F1: Ss. 96B-96N inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 168(1), 255(6) (with s. 247)

Notes on Part IV

Modifications

C1: Pt. IV: power to apply conferred (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2).
C2: Pt. IV saved (1.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 1(4), 17(2).

Notes on Chapter I

Textual amendments

F1: Word in Pt. 4 Ch. 1 heading inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 84; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)