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SCHEDULES

SCHEDULE 4U.K.Application and modification of emissions limit duty

Application of duty: changes to main boilersU.K.

1(1)Regulations under section 57(6)(b) may provide for the emissions limit duty to apply (with or without modifications) in relation to fossil fuel plant in cases where—U.K.

(a)immediately before the day on which section 57(1) came into force, the electricity generating station in question was the subject of a relevant consent, and

(b)on or after that day—

(i)any main boiler of the generating station is replaced, or

(ii)an additional main boiler is installed for the generating station.

(2)Regulations made by virtue of this paragraph may, in particular, make different provision in relation to different parts of fossil fuel plant.

(3)For the purposes of sub-paragraph (1)(a), plant is to be treated as the subject of a relevant consent if, by virtue of a consent or approval granted before section 36 of EA 1989 or Article 39 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) came into force, no relevant consent was required in respect of it.