Search Legislation

The Pollution Prevention and Control (Scotland) Regulations 2000

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

2.—(1) Subject to paragraph 4, the prescribed date for an existing Part A installation or existing Part A mobile plant–

(a)where an application for a permit to operate the installation or mobile plant is duly made within the relevant period (or before the beginning of the relevant period where allowed under paragraph 5), is the determination date for the installation or mobile plant;

(b)where no such application is made, is the day after the date on which the relevant period expires.

(2) For the purpose of sub-paragraph (1), the relevant period for an existing Part A installation or existing Part A mobile plant is the period specified for that description of installation or mobile plant in the following table:–

Any installation where an activity falling within the following Sections of Part 1 of Schedule 1 is carried out or any mobile plant used to carry out such an activityRelevant Period

Section 1.1

Part A

January 1st to March 31st 2006

Section 1.2

Part A

Paragraph (c)

Remaining paragraphs

June 1st to August 31st 2001

June 1st to August 31st 2006

Section 2.1

Part A

Paragraph (c), (e), (f), (g) and (h)

Remaining paragraphs

May 1st to July 31st 2002

June 1st to August 31st 2001

Section 2.2

Part A

June 1st to August 31st 2002

Section 2.3

Part A

May 1st to July 31st 2004

Section 3.1

Part A

June 1st to August 31st 2001

Section 3.2

Part A

June 1st to August 31st 2006

Section 3.3

Part A

May 1st to July 31st 2002

Section 3.4

Part A

May 1st to July 31st 2002

Section 3.6

Part A

January 1st to March 31st 2004

Section 4.1

Part A

Paragraphs (a) (i), (v), (vi), (vii) and (xii), (e) and (f)

Paragraphs (a) (ii), (iii), (iv)

Paragraphs (a) (viii) and (ix), (b) (c) and (d)

Paragraph (a) (x) to (xi)

January 1st to March 31st 2003

June 1st to August 31st 2003

January 1st to March 31st 2006

June 1st to August 31st 2006

Section 4.2

Part A

Paragraph (a) (i),(ii),(iii) and (vi)

Paragraph (a) (iv) and (v)

Paragraphs (b) to (f)

October 1st to December 31st 2004

June 1st to August 31st 2005

October 1st to December 31st 2004

Section 4.3

Part A

June 1st to August 31st 2005

Section 4.4

Part A

January 1st to March 31st 2006

Section 4.5

Part A

January 1st to March 31st 2006

Section 4.6

Part A

January 1st to March 31st 2006

Section 4.7

Part A

October 1st to December 31st 2004

Section 5.1

Part A

June 1st to August 31st 2005

Section 5.2

Part A

January 1st to March 31st 2007

Section 5.3

Part A

Paragraph (a) and (b)

Paragraph (c)(i)

Paragraph (c)(ii)

June 1st to August 31st 2005

January 1st to March 31st 2004

June 1st to August 31st 2004

Section 5.4

Part A

January 1st to March 31st 2005

Section 5.5

Part A

January 1st to March 31st 2004

Section 6.1

Part A

April 1st to June 30th 2001

Section 6.2

Part A

January 1st to March 31st 2004

Section 6.3

Part A

Paragraph (i)

Paragraph (ii)

January 1st to March 31st 2004

October 1st to December 31st 2001

Section 6.4

Part A

October 1st to December 31st 2002

Section 6.5

Part A

October 1st to December 31st 2002

Section 6.6

Part A

June 1st to August 31st 2006

Section 6.8

Part A

Paragraph (a)

Paragraphs (b) and (c)

Paragraph (d) (i)

Paragraphs (d) (ii), (e) and (f)

May 1st to July 31st 2002

June 1st to March 31st 2004

June 1st to August 31st 2004

January 1st to March 31st 2005

Section 6.9

Part A

October 1st to December 31st 2006

(3) For the purpose of sub-paragraph (2), where an activity falls within a description in Part A of more than one Section of Part 1 of Schedule 1, it shall be regarded as falling only within that description which fits it most aptly.

(4) Subject to sub-paragraph (5), where more than one activity falling within Part A of any Section in Part 1 of Schedule 1 is carried out in an existing Part A installation or using an existing Part A mobile plant, the relevant period for that installation or mobile plant shall be the period beginning with the earliest date listed against one of those activities in the table in sub-paragraph (2).

(5) Where more than one activity falling within Part A of any Section in Part 1 of Schedule 1 is carried out in an existing Part A installation, the operator of the installation may apply to SEPA to determine that the relevant period for the installation shall not be the period determined by sub-paragraph (4) but the later period listed in the table in sub-paragraph (2) against the primary activity of the installation.

(6) An application under sub-paragraph (5) shall be in writing (or in electronic form acceptable to SEPA) and shall –

(a)identify the installation concerned;

(b)list the activities falling within Part A of any Section in Part 1 of Schedule 1 which are carried on in the installation; and

(c)identify which of those activities the operator considers to be the primary activity,

and shall be submitted at least 3 months before the beginning of the period which would be the relevant period for the installation concerned under sub-paragraph (4).

(7) Where SEPA receives a duly made application under sub-paragraph (5) it shall, if it agrees with the operator that the activity identified pursuant to sub-paragraph (6)(b) is the primary activity, serve notice of its determination on the operator, and the later period listed against that activity in sub-paragraph (2) shall be the relevant period for the installation.

(8) Where SEPA does not agree with the operator as mentioned in sub-paragraph (7) it shall serve notice of its determination on the operator and the relevant period for the installation shall be the period determined by sub-paragraph (4).

(9) SEPA shall serve notice of its determination of any application made under sub-paragraph (5) within 2 months of receiving the application.

(10) Where there is more than one operator of an installation, an application under sub-paragraph (5) shall be made by the operators of the installation jointly and the references in sub-paragraphs (6) to (8) to the operator shall be construed as a reference to all of the operators.

(11) For the purpose of sub-paragraphs (5) to (9) the primary activity of an installation is the activity the carrying out of which constitutes the primary purpose for operating the installation.

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