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The Waste Incineration (Scotland) Regulations 2003

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Transitional provisions

4.  In respect of any installation or mobile plant which by operation of these Regulations becomes a Part A installation or Part A mobile plant within the meaning of the 2000 Regulations, Part 1 of Schedule 3 to the 2000 Regulations shall apply to such an installation or mobile plant subject to the following modifications:–

(a)in paragraph 4, in sub-paragraph (1) for “31st October 1999” there is substituted “28th December 2002”;

(b)in paragraph 6–

(i)for the definition of “existing” there is substituted–

  • “existing” in relation to a Part A installation or a Part A mobile plant means a waste incineration installation or mobile plant which–

    (a)

    in the case of such an installation or mobile plant which is a co-incineration plant, is one which–

    (i)

    is in operation before 28th December 2002 following the grant of a relevant approval; or

    (ii)

    is put into operation by 28th December 2004 following the grant of a relevant approval before 28th December 2002 or the grant of a relevant approval, where the full application for such an approval was made before 28th December 2002; or

    (b)

    in any other case is one which–

    (i)

    is in operation before 28th December 2002 following the grant of a relevant approval;

    (ii)

    is put into operation by 28th December 2003 following the grant of a relevant approval before 28th December 2002; or

    (iii)

    is put into operation by 28th December 2004 following the grant of a relevant approval, where the full application for such an approval was made before 28th December 2002;;

(ii)in the definition of “new” for “31st October 1999” there is substituted “28th December 2002”;

(iii)for the definition of “relevant authorisation” there is substituted–

  • “relevant authorisation” means any of the following:–

    (a)

    a permit;

    (b)

    an authorisation;

    (c)

    a licence;

    (d)

    an activity which is–

    (i)

    registered under regulation 18 of the Waste Management Licensing Regulations 1994(1) as exempt from the requirement to have a licence; and

    (ii)

    carried out so as to comply with all the conditions detailed in those Regulations appropriate for that exemption.”; and

    (iv)

    in the definition of “transitional date” for “the date 6 months after the date on which these Regulations come into force” there is substituted “30th September 2003”.

(1)

S.I. 1994/1056; relevant amending instruments are S.I. 1995/288, 1996/634 and 972, 1998/606 and S.S.I. 2000/323.

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