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SCHEDULE 2NEW PARTS 3 AND 4 OF SCHEDULE 3 TO THE 2003 REGULATIONS (PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS)

PART 4application to parts 1 to 3

19.—(1) Parts 1 to 3 of this Schedule shall apply subject to the provisions of this Part.

(2) Where an installation is wholly an SED installation and only carries out activities which do not fall within sections 1.1 to 6.9 of Part 1 of Schedule 1 the prescribed date for that installation shall be determined in accordance with Part 3.

(3) Subject to the provisions of sub-paragraphs (4) to (6) below, the prescribed date for installations which carry out an activity falling within a description in sections 1.1 to 6.9 of Part 1 of Schedule 1 (and directly associated activities) shall be determined in accordance with Part 1 or 2.

(4) Subject to sub-paragraphs (5) and (6), where an SED installation carries out activities which are also wholly or partly activities falling within any description in sections 1.1 to 6.9 of Part 1 of Schedule 1 (and any directly associated activities), the prescribed date for that installation shall be determined in accordance with paragraphs 13 and 14 of Part 3 unless –

(a)the activities carried out by the SED installation fall wholly within any description set out in Schedule 1 to the 1998 Regulations under the heading “Part A, Part B or Part C” and are wholly covered by an authorisation granted under Article 6 of the 1997 Order;

(b)the anticipated prescribed date for the installation under Part 1 or 2 is earlier than the anticipated prescribed date for the SED installation under paragraph 13 or 14 of Part 3;

(c)an application to operate the installation has already been made or is already deemed to have been made at the date of coming into operation of the SED Regulations.

(5) Subject to sub-paragraph (6), where an installation –

(a)carries out an SED activity and directly associated activities which are only partly also activities falling within a description in sections 1.1 to 6.9 of Part 1 of Schedule 1 and directly associated activities; and

(b)falls within the exception in sub-paragraph (4)(b);

the installation shall be regarded, for the purposes of this Schedule, as if it were two separate installations one consisting of the part of the installation carrying out activities under sections 1.1 to 6.9 in Part 1 of Schedule 1 (and directly associated activities) for which the prescribed date shall be determined in accordance with Parts 1 or 2 and the other consisting of the remainder of the installation for which the prescribed date shall be determined in accordance with Part 3.

(6) Where sub-paragraph (5) applies the operator may apply in writing to the enforcing authority for consent to make an application at the earliest anticipated prescribed date covering the whole installation.

(7) Where an existing SED installation installs abatement equipment or undergoes a substantial change in operation, the prescribed date for the affected part shall be determined in accordance with paragraphs 15 or 16 of Part 3 unless –

(a)the prescribed date for the installation under Parts 1 or 2 or paragraphs 13 or 14 of Part 3 is earlier than the prescribed date for the affected part of the SED installation under paragraphs 15 or 16 of Part 3, or

(b)in relation to an SED installation which installs abatement equipment, the activities carried out by the affected part of the SED installation fall wholly within any description set out in Schedule 1 to the 1998 Regulations under the heading “Part A” and are wholly covered by an authorisation granted under Article 6 of the 1997 Order.