The Pollution Prevention and Control (England and Wales) (Amendment) Regulations 2001

Transitional provisions

3.—(1) Part 1 of Schedule 3 to the Pollution Prevention and Control (England and Wales) Regulations 2000 shall apply in relation to any installation or mobile plant which by virtue of these Regulations becomes a Part A installation or Part A mobile plant (but which would otherwise have been a Part B installation or Part B mobile plant) as if—

(a) for paragraph 1 there were substituted—

“1.   The prescribed date for a new Part A installation or new Part A mobile plant is 1st April 2001.”

(b) in paragraph 4—

(i) sub-paragraph (1) were omitted;

(ii) in sub-paragraph (2) for “1st January 2001” there were substituted “1st April 2001”;

(c) in paragraph 6—

(i) for the definition of “existing” there were substituted—

• ““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 1st April 2001; or

  (b)

  an installation or mobile plant which is put into operation on or after that date if—

  (i)

  its operation was authorised by the relevant authorisation before that date; or

  (ii)

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

(ii) in the definition of “new” for “31st October 1999” there were substituted “1st April 2001”;

(iii) in the definition of “relevant authorisation” for “31st October 1999” (in both places) there were substituted “1st April 2001”.

(2) Where an application for a permit is made before 1st April 2001 in relation to a Part A(1) installation or Part A(1) mobile plant and by virtue of these Regulations the installation or mobile plant becomes a Part A(2) installation or Part A(2) mobile plant, anything duly done by or in relation to the application (including the grant of a permit) shall be treated as if it had been duly done in relation to an application for a permit made on or after that date.