8. In section 138 of the Water Industry Act 1991 (meaning of “special category effluent”)(1)—
(a)in subsection (1), for “subsection” substitute “subsections (1A) and”;
(b)after subsection (1) insert—
“(1A) If trade effluent is produced, or to be produced, by operating any installation or plant or otherwise carrying on any activity, the operation or carrying on of which requires a permit, that effluent shall not be special category effluent for the purposes of this Chapter as from the determination date relating to the installation, plant or activity in question.
(1B) In subsection (1A)—
(a)“determination date”, in relation to an installation, plant or activity, means—
(i)in the case of an installation, plant or activity in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application, or on an appeal, of a direction to grant it;
(ii)in the case of an installation, plant or activity in relation to which the grant of a permit is refused, the date of refusal or, on appeal, of the affirmation of the refusal,
and in this paragraph the references to an appeal are references to an appeal under regulations under section 2 of the Pollution Prevention and Control Act 1999;
(b)“permit” means a permit granted, under regulations under that section, by an authority exercising functions under the regulations that are exercisable for the purpose of preventing or reducing emissions into the air, water and land.”;
(c)in subsection (4), for “In this section” substitute “In subsection (2) and (3) above”.