SCHEDULES

SCHEDULE 15Consequential and Minor Amendments of Enactments

Exclusion of Clean Air Act 1956 for prescribed processes

6

In the [1956 c. 52.] Clean Air Act 1956 there shall be inserted, immediately before section 17, the following section—

16ARelation to Environmental Protection Act 1990, Part I

1

The preceding provisions of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process.

2

The “determination date” for a prescribed process is—

a

in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;

b

in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.

3

In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.