The Offshore Combustion Installations (Prevention and Control of Pollution) (Amendment) Regulations 2007

Amendment of 2001 Regulations

8.  In regulation 9 (Reconsideration and updating of permit conditions)—

(a) in sub-paragraph (a) of paragraph (2), after “emission limit values”, insert “, equivalent parameters or technical measures”;

(b) for paragraph (3) substitute—

“(3) Where the Secretary of State considers that the conditions of a permit should be revised following a review pursuant to paragraphs (2)(b) or (2)(c) above—

(a) the Secretary of State shall not less than 14 days prior to the relevant day, give notice to the operator of the installation concerned of his intention to issue the operator with a revised permit and of its terms; and

(b) the operator shall be entitled to make representations, either in writing or by such means of electronic communication as the Secretary of State may determine, as to whether such a revised permit should be issued and as to its terms.”;

(c) after paragraph (3), insert—

“(3A) If no representations made pursuant to paragraph (3)(b) above are received prior to the relevant day, the revised permit shall be issued and shall come into effect on that day.

(3B) If representations made pursuant to paragraph (3)(b) above are received prior to the relevant day, the Secretary of State shall consider them in determining whether the revised permit as originally notified under paragraph (3)(a) above should be amended, withdrawn or issued and may determine that the revised permit should come into effect on a later day than the relevant day.”;

(d) for paragraph (4) substitute—

“(4) Where the Secretary of State considers that the conditions of a permit should be revised following a review pursuant to paragraph (2)(a) above, he shall—

(a) not less than 4 weeks prior to the relevant day give notice to the operator of the installation concerned of his intention to issue the operator with a revised permit and of its terms;

(b) publish a notice—

(i) in the Gazettes; and

(ii) by any other means he considers appropriate (which may include an electronic communication); and

(c) take such steps as he considers appropriate to ensure that any other material information that becomes available only after the information referred to in paragraph (4A) below has been made available to the public in accordance with that paragraph, is forthwith made available to the public.”;

(e) after paragraph (4), insert—

“(4A) A notice published pursuant to paragraph (4)(b) above must—

(a) state that the Secretary of State is considering revising the conditions of a permit pursuant to paragraph (2)(a) above;

(b) state that a copy of the proposal for revising the permit may be obtained on request;

(c) specify an address from which such a copy may be obtained;

(d) specify a date not less than 4 weeks after the date of publication in the Gazettes or, if the notice is not published on the same day in each Gazette, last such date of publication, by which persons may make representations regarding the proposal;

(e) specify an address to which such representations are to be sent; and

(f) state the nature of possible decisions in relation to the revision of the permit.

(4B) Where information is made publicly available pursuant to paragraph (4)(b) or paragraph (4)(c) above, the Secretary of State shall take such steps as he considers appropriate having regard to the particular circumstances of the case to allow persons affected by or with an interest in the proposed revision to make representations.

(4C) If representations made pursuant to paragraph (4B) above are received prior to the relevant day, the Secretary of State shall consider them in determining whether the revised permit as originally notified under paragraph (4)(a) should be amended, withdrawn or issued and may determine that the revised permit shall come into effect on a later day than the relevant day.”;

(f) for paragraph (5) substitute—

“(5) Subject to paragraph (6) below, nothing in this regulation shall require the disclosure of any information which is by virtue of the law of any part of the United Kingdom subject to an obligation of confidentiality and—

(a) which relates to an individual; or

(b) the disclosure of which might adversely affect the interests in a business of any person carrying on that business.”;

(g) for paragraph (6) substitute—

“(6) Nothing in paragraph (5) above shall prevent the disclosure of other information included with information to which that paragraph applies where that other information can be separated from the information to which that paragraph applies.”; and

(h) after paragraph (6), insert—

“(7) In this regulation, “the relevant day” is the day on which a notice given pursuant to paragraph (3)(a) or paragraph (4)(a) above, states that a revised permit shall have effect.”.