Search Legislation

The Environmental Permitting (England and Wales) (Amendment) Regulations 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Regulation 32 (discharge of functions)

This section has no associated Explanatory Memorandum

10.  In regulation 32 (discharge of functions)—

(a)in paragraph (2)—

(i)after “in relation to waste mobile plant” insert “and mobile medium combustion plant”,

(ii)in sub-paragraph (c)(i), after “waste mobile plant” insert “or mobile medium combustion plant”,

(iii)in sub-paragraph (c)(ii), for “waste mobile plant” substitute “that waste mobile plant or mobile medium combustion plant”,

(b)in paragraph (3), after “waste mobile plant” in each place where it occurs insert “or mobile medium combustion plant”,

(c)in paragraph (4)—

(i)for “Schedule 23” substitute “Schedule 22”,

(ii)after “waste mobile plant” insert “or mobile medium combustion plant”,

(d)in paragraph (5)—

(i)at the beginning insert “Subject to paragraph (5A),”,

(ii)in sub-paragraph (a), after “installation” insert “but not, from the transfer date, in respect of any medium combustion plant or specified generator, in so far as they are carried on at the installation”,

(iii)after sub-paragraph (b)(iv) insert—

(v)from the transfer date, a medium combustion plant or specified generator;,

(e)after paragraph (5) insert—

(5A) In the case of a Part B installation—

(a)where the only activity carried on at that installation is a medium combustion plant or a specified generator, or both, and

(b)which has been authorised by an environmental permit granted by a local authority before the transfer date,

the permit is deemed to have been granted by the appropriate agency immediately before the transfer date.

(5B) Where paragraph (5A) applies—

(a)anything (including, without limitation, legal proceedings) which, at the transfer date, is in the process of being done by a local authority in exercise of, or in connection with, a function that is being transferred may be continued by or in relation to the appropriate agency;

(b)anything done by or in relation to a local authority before the transfer date in the exercise of, or in connection with, a function that is being transferred is, so far as is required for continuing its effect on and after that date, to have effect as if done by or in relation to the appropriate agency;

(c)any reference to a local authority (and any reference which is to be read as a reference to a local authority) in any document constituting or relating to anything to which the provisions of paragraph (5A) apply, is so far as it is required for giving effect to those provisions, to be treated as a reference to the appropriate agency.

(5C) In this regulation—

(a)any reference to a medium combustion plant or to a specified generator includes any directly associated activity (as defined in paragraph 1(2) of Part 1 of Schedule 1) that, but for that medium combustion plant or specified generator, would not form part of an installation;

(b)“transfer date” means—

(i)in relation to a medium combustion plant, the date specified in paragraph 1(a) or (b) of Schedule 25A, as appropriate,

(ii)in relation to a specified generator, the “permitting date” described in paragraph 3(2) of Schedule 25B..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources