Search Legislation

The Industrial Pollution Control (Northern Ireland) Order 1997

Status:

This is the original version (as it was originally made).

6.—(1) The requirements of this paragraph apply where an enforcing authority has decided to vary an authorisation under Article 10 and is of the opinion that any action to be taken by the holder of the authorisation in consequence of the variation will involve a substantial change in the manner in which the process is being carried on.

(2) Subject to sub-paragraph (3), the enforcing authority shall give notice of the action to be taken by the holder of the authorisation to the persons who are prescribed or directed to be consulted under this paragraph and shall do so within the specified period for notification; and the holder shall advertise the action in the manner prescribed in regulations made by the Department.

(3) The Department may, by regulations, exempt any class of variation I from all or any of the requirements of this paragraph or exclude any class of information relating to action to be taken by holders of authorisations from all or any of those requirements.

(4) Any representations made by the persons so consulted within the period allowed shall be considered by the enforcing authority in taking its decision.

(5) For the purposes of sub-paragraph (2)—

(a)persons are prescribed to be consulted on any description of variation if they are persons specified for the purposes of variations of that description in regulations made by the Department;

(b)persons are directed to be consulted on any particular variation if the Department specifies them in a direction given to the enforcing authority;

and the “specified period for notification” is the period specified in the regulations or in the direction.

(6) Any representations made by any other persons within the period allowed shall also be considered by the enforcing authority in taking its decision.

(7) Subject to sub-paragraph (8), the period allowed for making representations is—

(a)in the case of persons prescribed or directed to be consulted, the period of 42 days beginning with the date on which notice was given under sub-paragraph (2); and

(b)in the case of other persons, the period of 42 days beginning with the date of the advertisement under sub-paragraph (2).

(8) The Department may, by order, substitute for the period for the time being specified in sub-paragraph (7)(a) or (b), such other period as it thinks fit.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources