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This is the original version (as it was originally made).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

6.  In this Part of this Schedule–

“determination date” means–

(a)

for an installation, part of an installation or mobile plant in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application for the permit or, on an appeal, of a direction to grant it;

(b)

for an installation, part of an installation or mobile plant in relation to which a permit is refused and the applicant for the permit appeals against the refusal, the date of the affirmation of the refusal;

(c)

for an installation, part of an installation or mobile plant in relation to which a permit is refused and–

(i)

no appeal is made to the Scottish Ministers against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 8, on which notice of appeal might have been given;

(ii)

following determination of an appeal to the Scottish Ministers, no appeal is then made to the sheriff, the twenty second day after that determination; or

(iii)

where any further appeal is taken, the day after the expiry of the period allowed for appeal therefrom (or, if there is no such date, the date of final detemination of such appeal);

“existing” means, in relation to a Part A installation or a Part A mobile plant–

(a)

an installation or mobile plant which is put into operation before 31st October 1999; or

(b)

an installation or mobile plant which is put into operation on or after that date but before 31st October 2000, provided that–

(i)

the operation of the installation or mobile plant was authorised by the relevant authorisation before 31st October 1999; or

(ii)

an application for such authorisation was duly made before that date;

“new” means, in relation to a Part A installation or a Part A mobile plant, an installation or plant which is put into operation on or after 31st October 1999 other than an existing Part A installation or Part A mobile plant;

“relevant authorisation” means, in relation to the operation of a Part A installation or Part A mobile plant–

(a)

where the operation of the installation or mobile plant immediately before 31st October 1999 requires an authorisation under Part I of the Environmental Protection Act 1990, an authorisation under that Part of that Act;

(b)

where the operation of the installation or mobile plant immediately before 31st October 1999 requires a waste management licence under Part II of the Environmental Protection Act 1990, a waste management licence under that Part of that Act;

(c)

in any other case, planning permission granted under the Town and Country Planning (Scotland) Act 1997;

“relevant period” shall be interpreted in accordance with paragraph 2(5);

“transitional date” means the date 6 months after the date on which these Regulations come into force.

Back to top

Options/Help

Print Options

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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