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The Environmental Protection (Prescribed Processes and Substances Etc.) (Amendment) Regulations 1994

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Processes which transfer from Part A to Part B

7.—(1) This paragraph applies to an existing process—

(a)which becomes a Part B process on 1st December 1994 by virtue of regulation 4 above; and

(b)which, immediately before that date, is a Part A process; and

(c)to which paragraph 6 above does not apply.

(2) Regulation 3(3) of the principal Regulations (the prescribed date) shall not apply to a process to which this paragraph applies.

(3) For the purposes of regulation 3(1) of the principal Regulations, the prescribed date in the case of a process to which this paragraph applies shall, subject to sub-paragraph (4) below, be 31st December 1994.

(4) Where application is duly made in accordance with section 6 of the Act before 1st January 1995 for authorisation to carry on an existing process to which this paragraph applies, the prescribed date as respects the carrying on by the applicant (or other person in his place) of the process to which the application relates shall be the determination date for that process.

(5) The requirements of paragraphs 1(2) and 2 of Schedule 1 to the Act (advertisement and consultation) shall not apply in relation to an application made as described in sub-paragraph (4) above if, in respect of the process to which that application relates—

(a)an authorisation under section 6 of the Act is in force on 30th November 1994; or

(b)an application for an authorisation under section 6 of the Act has been made and the requirements of those paragraphs have been fulfilled in relation to that application before 1st December 1994.

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