377.—(1) Regulation 32 is amended as follows.
(2) In paragraph (1)—
(a)after “regulation 33” insert “and paragraph 11A of Part 2 of Schedule 23”;
(b)for “Agency” substitute “appropriate agency in whose area the regulated facility is or will be operated”.
(3) After paragraph (1) insert—
“(1A) Subject to regulation 38(2A) if the principal place of business of an operator of mobile plant, other than mobile plant mentioned in paragraph (2), is in England and Wales, functions in relation to that regulated facility are exercisable by the appropriate agency in whose area the place of business is.
(1B) Subject to regulation 38(2A) if the principal place of business of an operator of mobile plant, other than mobile plant mentioned in paragraph (2), is not in England and Wales, functions in relation to that regulated facility are exercisable by—
(a)the appropriate agency which granted the environmental permit authorising the operation of the regulated facility; or
(b)if no permit has been granted, the appropriate agency in whose area the regulated facility is first operated or intended to be operated.”