38.—(1) Subject to paragraphs (3), (5) and (6), the following (referred to in paragraphs (3), (5) and (6) as “the existing regulations”) are revoked—
(a)the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 M1 (“the 2001 Regulations”);
(b)regulation 19 of, and Schedule 1 to, the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 M2;
(c)the Offshore Combustion Installations (Prevention and Control of Pollution) (Amendment) Regulations 2007 M3;
(d)article 5 of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 M4.
(2) References to numbered regulations in paragraphs (3) and (7) are to the regulations so numbered in the 2001 Regulations as amended.
(3) The existing regulations continue to have effect to determine an application made under regulation 5—
(a)where the application was made before these Regulations came into force; and
(b)the application was not refused or determined before that date.
(4) A permit granted further to an application to which paragraph (3) applies is a “new permit”.
(5) Subject to paragraph (6), the existing regulations continue to have effect up to and including 7th January 2014 in respect of an offshore combustion installation—
(a)where immediately before these Regulations came into force, a permit subsisted in respect of that installation; or
(b)to which a new permit applies,
provided that the offshore combustion installation is in operation on or before 7th January 2014.
(6) Where in respect of an offshore combustion installation—
(a)the existing regulations continue to have effect under paragraph (5); and
(b)any of the matters in paragraph (7) are not determined on or before 7th January 2014,
the existing regulations continue to have effect after 7th January 2014 for the purposes of determining that matter.
(7) The matters referred to in paragraph (6) are—
(a)an appeal made under regulation 17;
(b)an application by an operator to vary the terms and conditions of a permit under regulation 8(1);
(c)a notice to surrender under regulation 10(2);
(d)a request to assign a permit under regulation 10(3);
(e)a notice of intention to issue a revised permit under regulation 9(3)(a) or (4)(a);
(f)a notice to revoke a permit under regulation 10(1);
(g)a notice to provide information under regulation 12(3);
(h)an enforcement notice under regulation 14;
(i)a prohibition notice under regulation 15;
(j)proceedings commenced before the date these Regulations come into force in respect of an offence under regulation 18.