The Pollution Prevention and Control (Scotland) Regulations 2012

Permits granted, or applied for, on or before 6th January 2013

3.—(1) This paragraph applies to an existing permit for—

(a) a Part A installation,

(b) a Part B installation, or

(c) any Part B mobile plant.

(2) The 2000 Regulations continue to have effect notwithstanding their revocation in relation to an existing permit—

(a) in the period beginning on 7th January 2013 and ending on 6th January 2014, and

(b) in respect of any application, notice, investigation or legal proceedings made or begun in that period and not determined or concluded by 7th January 2014 (including for that purpose any penalty, punishment or other sanction that may be imposed in respect of a failure to comply with a requirement of the 2000 Regulations in that period).

(3) An existing permit for a Part A installation is to be treated as suspended under these Regulations from 7th January 2014 if the installation has not been put into operation on or before 6th January 2014.

(4) Any enactment or direction modified, repealed or revoked by these Regulations is to be read as if not so modified, repealed or revoked to the extent necessary to give effect to this paragraph.

(5) An existing permit is treated as a permit granted under the 2000 Regulations for the purposes of this paragraph notwithstanding that it may be deemed by virtue of any other enactment to be a permit granted under these Regulations for any other purpose.

(6) In this paragraph, “suspended” means that a permit ceases to have effect to authorise the operation of an installation, or the carrying out of an activity in an installation, until—

(a) the permit is varied under regulation 46, or

(b) SEPA gives notice to the operator that the permit is no longer suspended.