The Environmental Permitting (England and Wales) Regulations 2010

Public registers under former enactments

84.—(1) On the coming into force of these Regulations, the following information is taken to be information contained on a public register under these Regulations—

(a) any information that, at the relevant time—

(i) was kept under section 39 of the 1993 Act, and

(ii) was publicly available;

(b) any information in relation to discharge consents or groundwater permits that, at the relevant time, was kept under section 190 of the 1991 Act.

(2) The following decisions are taken to be final confidentiality decisions for the purposes of Part 5—

(a) a decision by the Agency under section 191B of the 1991 Act(1) that information is commercially confidential in relation to any person;

(b) a decision by the Agency under section 39(1) of the 1993 Act not to disclose information relating to any relevant process or trade secret.

(3) For the purposes of regulation 55, a final confidentiality decision by virtue of paragraph (2) is taken to be made on the coming into force of these Regulations.

(4) The following directions are taken to be given under regulation 47(1)—

(a) a direction given under section 191A of the 1991 Act(2);

(b) a direction given under section 25 of the 1993 Act.

(5) A notification by the Agency under section 191A(3) of the 1991 Act is taken to be a notification under regulation 47(2).

(1)

Section 191B was inserted by the Environment Act 1995 (c. 25), section 120 and Schedule 22, paragraph 170.

(2)

Section 191A was inserted by the Environment Act 1995 (c. 25), section 120 and Schedule 22, paragraph 170.