The Greenhouse Gas Emissions Trading Scheme Regulations 2003 (revoked)

Regulation 38

SCHEDULE 5 CONSEQUENTIAL AMENDMENTS

The Pollution Prevention and Control (England and Wales) Regulations 2000

1.  In regulation 12 (conditions of permits: specific requirements) of the England and Wales Regulations—

(a) in paragraph (2), delete “paragraph (8)” and insert “ paragraphs (8) and (8A) ”; and

(b) in paragraph (8), after “Where appropriate” insert “ subject to paragraph (8A) ”; and

(c) after paragraph (8), insert—

“(8A) Subject to paragraph (8B), where emissions of a pollutant from an installation are the subject of conditions imposed pursuant to regulation 10(2) and (3) of the Greenhouse Gas Emissions Trading Scheme Regulations 2003, the permit shall not include an emission limit value, equivalent parameter or technical measure in respect of those emissions unless the regulator considers that the value, parameter or technical measure concerned is necessary to ensure that no significant local pollution is caused.

(8B) Paragraph (8A) shall not apply where the relevant installation is an excluded installation for the purposes of the Greenhouse Gas Emissions Trading Scheme Regulations 2003.”

The Pollution Prevention and Control (Scotland) Regulations 2000

2.  In regulation 9 (conditions of permits: specific requirements) of the Scotland Regulations—

(a) in paragraph (3), delete “paragraph (9)” and insert “ paragraphs (9) and (9A) ”;

(b) in paragraph (9), after “Where appropriate” insert “ subject to paragraph (9A) ”; and

(c) after paragraph (9), insert—

“(9A) Subject to paragraph (9B), where emissions of a pollutant from an installation are the subject of conditions imposed pursuant to regulation 10(2) and (3) of the Greenhouse Gas Emissions Trading Scheme Regulations 2003, the permit shall not include an emission limit value, equivalent parameter or technical measure in respect of those emissions unless the regulator considers that the value, parameter or measure concerned is necessary to ensure that no significant local pollution is caused.

(9B) Paragraph (9A) shall not apply where the relevant installation is an excluded installation for the purposes of the Greenhouse Gas Emissions Trading Scheme Regulations 2003.”

The Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001

3.  In regulation 4 (grant of permit; contents of permit; publication of grant of permit) of the Offshore Regulations—

(a) in paragraph (2), delete “paragraphs (3) and (4)” and insert “ paragraphs (3), (4) and (4A) ”;

(b) after paragraph (4), insert—

“(4A) Subject to paragraph (4B), where emissions of a pollutant from an installation or a part of an installation are the subject of conditions imposed pursuant to regulation 10(2) and (3) of the Greenhouse Gas Emissions Trading Scheme Regulations 2003, the Secretary of State shall not under paragraph (2)(g) attach to a permit an emission limit value, equivalent parameter or technical measure in respect of those emissions unless the regulator considers that the value, parameter or measure concerned is necessary to ensure that no significant local pollution is caused.

(4B) Paragraph (4A) shall not apply where the relevant installation or part of an installation is an excluded installation for the purposes of the Greenhouse Gas Emissions Trading Scheme Regulations 2003.”

The Pollution Prevention and Control Regulations (Northern Ireland) 2003

4.—(1) The Northern Ireland Regulations are amended as follows—

(a) in regulation 12 (conditions of permits: specific requirements)—

(i) in paragraph (2), delete “paragraph (8)” and insert “ paragraphs (8) and (8A) ”;

(ii) in paragraph (8), after “Where appropriate” insert “ subject to paragraph (8A) ”; and

(iii) after paragraph (8), insert—

“(8A) Subject to paragraph (8B), where emissions of a pollutant from an installation are the subject of conditions imposed pursuant to regulation 10(2) and (3) of the Greenhouse Gas Emissions Trading Scheme Regulations 2003, the permit shall not include an emission limit value, equivalent parameter or technical measure for those emissions unless the enforcing authority considers that the value, parameter or measure is necessary to ensure that no significant local pollution is caused.

(8B) Paragraph (8A) shall not apply where the relevant installation is an excluded installation for the purposes of the Greenhouse Gas Emissions Trading Scheme Regulations 2003.”

(b) in regulation 27 (powers of inspectors and others)—

(i) delete “and” at the end of paragraph 2(a);

(ii) at the end of paragraph 2(b) insert “ and ” and insert—

“(c) to premises on which activities listed in Schedule 1 to the Greenhouse Gas Emissions Trading Regulations 2003 are or have been, or are believed to be or to have been, carried out”;

(iii) in the definition of “pollution control statutory provisions” in paragraph (12), delete “and” at the end of sub-paragraph (b) and insert—

“(bb) the Greenhouse Gas Emissions Trading Scheme Regulations 2003; and”.