Modifications etc. (not altering text)
C1Pt. IV: power to apply conferred (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2).
C2Pt. IV saved (1.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 1(4), 17(2).
Textual Amendments
F1Word in Pt. 4 Ch. 1 heading inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 84; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
(1)The upgrade date, in relation to a nutrient significant plant, is, unless subsection (2) or (3) applies—
(a)1 April 2030, if the designation of the associated catchment area takes effect during the initial period;
(b)the date specified under section 96C(4)(d), if the designation of the associated catchment area takes effect after the end of the initial period.
(2)But, if the plant becomes a nutrient significant plant after the designation of the associated catchment area takes effect, the upgrade date is—
(a)the date specified under section 96D(4), where it becomes a nutrient significant plant by virtue of a designation under section 96D(2);
(b)the date specified by or determined under provision made by virtue of section 96D(10), where it becomes a nutrient significant plant on ceasing, by virtue of regulations under section 96D(8), to be exempt.
(3)Where the associated catchment area has ceased to be a catchment permitting area and a date has been specified under section 96H(4)(c), that date is the upgrade date.
(4)“The initial period” means the period of 3 months beginning with the date on which the Levelling-up and Regeneration Act 2023 is passed.
(5)References in this section to the designation of an associated catchment area are to its designation as a sensitive catchment area.]
Textual Amendments
F2Ss. 96B-96N inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 168(1), 255(6) (with s. 247)