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21—(1) Parts 1 and 2 of this Schedule apply to existing refuelling installations and new refuelling installations subject to the provisions of this Part.
(2) The prescribed date for a new refuelling installation is the relevant date.
(3) The prescribed date for an existing refuelling installation is—
(a)where an application for a permit to operate the existing refuelling installation is made by the relevant date, the determination date for that existing refuelling installation; or
(b)where no such application is made, the relevant date.
(4) Where an installation which is subject to a permit under these Regulations contains an existing refuelling installation, the operator shall not operate that installation after the prescribed dates except under and to the extent authorised by a variation of the conditions of that permit granted by the regulator under regulation 17.
(5) Paragraph 9 of Part 2 of this Schedule shall not apply to an existing Part C installation or mobile plant which consists only of an existing refuelling installation.
(6) In this Part—
“existing refuelling installation” means an installation where an activity falling within paragraph (c) of Part C of Section 1.2 of Schedule 1 is carried out;
“determination date” has the same meaning as in paragraph 6 of Part 1 of Schedule 3;
“new refuelling installation” means an installation where an activity falling within paragraph (d) of Part C of Section 1.2 of Schedule 1 is carried out; and
“the relevant date” is 1st January 2010.”
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