The Industrial Pollution Control (Authorisation of Processes) (Determination Periods) Order (Northern Ireland) 1998

Extension of period for consideration of applications for processes involving information affecting national security or certain confidential information

5.—(1) Subject to Articles 3(2) and 4(3), in the case of an application to which paragraph (2) applies, for the period mentioned in paragraph 5(1) of Schedule 1 to the 1997 Order there shall be substituted the period mentioned in paragraph (3).

(2) This paragraph applies to an application for an authorisation to carry on a process in relation to which—

(a) a matter falls to be determined by the Secretary of State under Article 21(2) or (4) of the 1997 Order;

(b) an application is made to an enforcing authority under Article 22(2) of the 1997 Order; or

(c) an objection is made to such an authority under Article 22(4) of the 1997 Order.

(3) The period to be substituted in paragraph 5(1) of Schedule 1 to the 1997 Order is the period of six months beginning with the day on which the matters to be determined under Articles 21 or 22 of that Order are finally disposed of or such longer period as the enforcing authority may agree with the applicant.

(4) For the purposes of this Order, the matters to be determined under Article 21 or 22 of the 1997 Order are finally disposed of—

(a) on the date on which the Secretary of State determines under Article 21 whether or not the information in question is to be included in the register;

(b) on the date on which the enforcing authority is treated under Article 22(3) as having made a determination;

(c) in a case where the enforcing authority determines under Article 22(2) that the information in question is commercially confidential, on the date of the authority’s determination; or

(d) in a case where the enforcing authority determines under Article 22(2) or (4) that the information in question is not commercially confidential, on the date on which the period for bringing an appeal expires without an appeal being brought or, if such an appeal is brought within that period, on the date of the final determination of the appeal by the Department or, as the case may be, the date on which the appellant withdraws his appeal.