The Pollution Prevention and Control (Scotland) Regulations 2000

PART 3 INTERPRETATION OF “PART A INSTALLATION” ETC

15.  For the purpose of these Regulations, subject to paragraph 2–

“Part A installation” means an installation where one or more activities listed under the heading “Part A” are carried out (including such an installation where one or more activities listed under the heading “Part B” are also carried out);

“Part B installation” means an installation where one or more of the activities listed under the heading “Part B” are carried out, not being a Part A installation.

16.  A Part B installation shall not be taken to include any activity which requires a waste management licence under Part II of the Environmental Protection Act 1990(1).

17.  For the purpose of these Regulations–

“Part A mobile plant” means mobile plant used to carry out a Part A activity (including such plant which is also used to carry out a Part B activity);

“Part B mobile plant” means mobile plant used to carry out a Part B activity, not being Part A mobile plant.

18.  In the case of Part B installations–

(a) an installation where an activity falling within Part B of Section 1.1 is carried out does not include any associated storage, handling or shredding of tyres which are to be burned as part of that activity;

(b) an installation where an activity falling within paragraph (e) of Part B of Section 2.2 is carried out does not include any associated storage or handling of scrap which is to be heated as part of that activity other than its loading into a furnace;

(c) an installation where an activity falling with paragraph (a) of Part B of Section 5.1 is carried out does not include any associated storage or handling of wastes and residues which are to be incinerated as part of that process other than the associated storage or handling of animal remains intended for burning in an incinerator used wholly or mainly for the incineration of such remains or residues from the burning of such remains in such an incinerator;

(d) an installation where an activity falling within Part B of Section 6.4 is carried out does not include any associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning.

19.  Where an installation is a Part A installation or a Part B installation by virtue of the carrying out of an activity which is only carried out during part of a year that installation shall not cease to be such an installation during the parts of the year when that activity is not being carried out.

20.  Where an installation is authorised by a permit granted under these Regulations to carry out Part A activities or Part B activities which are described in Part 1 by reference to a threshold (whether in terms of capacity or otherwise), the installation shall not cease to be a Part A installation or a Part B installation, as the case may be, by virtue of the installation being operated below the relevant threshold unless the permit ceases to have effect in accordance with these Regulations.

21.  In this Part, “Part A activity” and “Part B activity” have the meaning given by paragraph 11(1) of Part 2 of this Schedule.

(1)

1990 c. 43.