- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (30/01/2018)
- Gwreiddiol (a wnaed Fel)
Point in time view as at 30/01/2018.
The Environmental Permitting (England and Wales) Regulations 2016,
PART 5
is up to date with all changes known to be in force on or before 24 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
45. In this Part—
“final confidentiality decision” means—
a determination under regulation 50, or
the determination or withdrawal of an appeal in relation to a determination under regulation 50;
“the information subject” means the person to whom information relates;
“objection notice” means a notice given under regulation 48(1)(b).
46.—(1) Subject to regulations 47 and 48, the regulator must maintain a register (a “public register”) containing the information in paragraph 1 of Schedule 27 (public registers).
(2) Nothing in paragraph (1) requires a public register to contain information relating to criminal proceedings, or anything which is the subject matter of criminal proceedings, before those proceedings are finally disposed of.
(3) In paragraph (2), “criminal proceedings” includes prospective criminal proceedings.
(4) The regulator must enter information on its public register as soon as reasonably practicable after it comes within the regulator's possession.
(5) Where information of any description is excluded from any public register under regulation 48, a statement must be entered on the register indicating the existence of information of that description.
(6) The regulator must—
(a)make its public register available for public inspection at all reasonable times, free of charge, and
(b)enable members of the public to obtain copies of entries on its public register on payment of a reasonable charge.
(7) A public register may be kept in any form.
47.—(1) The appropriate authority may direct the regulator that in the interests of national security specified information or information of a specified description must be excluded from a public register.
(2) The regulator must notify the appropriate authority of any information (other than information relating to a radioactive substances activity) that it excludes from a public register pursuant to such a direction.
(3) The appropriate authority may direct the regulator that in the interests of national security information of a specified description—
(a)must be referred to the authority for its determination as to whether or not the information may be included on a public register, and
(b)must not be included on a public register unless the appropriate authority determines that it may be included.
(4) A person may give a notice to the appropriate authority stating that, in the person's opinion, the inclusion of information on a public register would be contrary to the interests of national security.
(5) A notice under paragraph (4) must specify the information and indicate its apparent nature.
(6) A person giving a notice under paragraph (4) must at the same time notify the regulator.
(7) The regulator must not include information notified under paragraph (4) on a public register unless the appropriate authority determines that it may be included.
48.—(1) The regulator must exclude information from a public register, unless a condition in paragraph (2) is met, if it—
(a)considers that the information may be confidential information, or
(b)receives notice from the information subject which—
(i)states that the information subject considers the information is confidential information, and
(ii)gives reasons for that view.
(2) The conditions are that—
(a)in relation to paragraph (1)(a), the regulator has given a notice under regulation 49(1) and the information subject has given notice of consent under regulation 49(2)(a);
(b)in relation to paragraph (1)(a) or (b)—
(i)a final confidentiality decision that the information should be included on the register has been made, or
(ii)the appropriate authority has given a direction under regulation 56(1) which requires the information to be included on the register.
49.—(1) If the regulator considers that information may be confidential information but has not received an objection notice, it must give notice of that view to the information subject.
(2) The information subject may within 15 working days after the date of the notice given by the regulator under paragraph (1)—
(a)give notice to the regulator consenting to the regulator including the information on the register, or
(b)give an objection notice to the regulator.
50. The regulator must determine whether information must be included on the public register, or excluded from the public register because it is confidential information, if—
(a)having given notice under regulation 49(1), it does not receive notice of consent in accordance with regulation 49(2)(a), or
(b)it receives an objection notice.
51.—(1) When making a determination under regulation 50, the regulator must comply with this regulation.
(2) In making the determination, the regulator must—
(a)take any reasons given in an objection notice into account,
(b)apply a presumption in favour of including the information on the public register, and
(c)determine to exclude the information from the public register if it considers that—
(i)the information is commercial or industrial information,
(ii)its confidentiality is provided by law to protect a legitimate economic interest, and
(iii)in all the circumstances, the public interest in maintaining the confidentiality of the information outweighs the public interest in including it on the register.
(3) But, to the extent that information relates to emissions, the regulator must determine to include it on the public register.
(4) Nothing in this regulation authorises the exclusion from the public register of information contained in or otherwise held with other information excluded from the register unless the information is not reasonably capable of being separated for the purposes of inclusion on the register.
52.—(1) The regulator must give notice of its determination, the reasons for it and the details of the appeals procedure to the information subject within—
(a)a period of 20 working days beginning with the date its duty under regulation 50 arises, or
(b)such longer period as it agrees with the information subject.
(2) If the regulator fails to give notice under paragraph (1) within the period required by that paragraph, the information subject may give notice to the regulator of that failure, and on such notice—
(a)the regulator is deemed to have determined that the information must be included on the register, and
(b)the deemed determination is subject to the right of appeal in regulation 53(1).
(3) If the regulator determines that the information must be included on the public register, it must not include the information before the expiry of the period of 15 working days after—
(a)it has given notice of the determination, or
(b)a notice under paragraph (2) resulting in a deemed determination is given,
but must include it after the expiry of that period if notice of appeal has not been given.
53.—(1) The information subject may give notice of appeal to the appropriate authority against a determination made under regulation 50 within 15 working days after the regulator has given notice of it.
(2) A notice of appeal must—
(a)be in writing,
(b)include a statement of the grounds of appeal,
(c)state whether the information subject wishes the appeal to be in the form of a hearing or to be disposed of through written representations, and
(d)be copied to the regulator.
(3) If the information subject gives notice of appeal, the regulator must not include the information on the public register before the appeal is decided.
(4) The appropriate authority—
(a)may give the information subject and the regulator an opportunity of appearing before and being heard by a person appointed by it, and
(b)must do so in a case where the notice of appeal states that the information subject wishes the appeal to be in the form of a hearing.
(5) A hearing under paragraph (4) is subject to paragraphs 5(2) to 5(6) and 6 of Schedule 6 (except paragraph 5(3)(c)) as if it were a hearing under paragraph 5(1) of that Schedule, save that “the appellant” is to be read as “the information subject”.
54.—(1) If the appropriate authority allows the appeal, the regulator must exclude the information from the public register.
(2) If the appropriate authority rejects the appeal or the appeal is withdrawn, the regulator must include the information on the public register.
55.—(1) The regulator must cease to treat information as confidential information at the expiry of—
(a)a period of 4 years after the final confidentiality decision, or
(b)such shorter period as is specified in that decision.
(2) But if the person to whom the information relates gives notice to the regulator before the expiry of that period that the person considers that the information remains confidential information—
(a)regulation 48 applies in respect of the information and the regulator must treat the notice as an objection notice, and
(b)regulations 50 to 54 apply notwithstanding any previous compliance with those regulations in relation to the information.
56.—(1) The appropriate authority may direct the regulator that specified information, or information of a specified description, must be included on the public register even though it is confidential information.
(2) The appropriate authority must not give a direction under paragraph (1) unless it considers that the public interest in including such information on the register outweighs the public interest in maintaining its confidentiality.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Yr Offeryn Cyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Mae Memoranda Esboniadol yn nodi datganiad byr o ddiben Offeryn Statudol ac yn rhoi gwybodaeth am ei amcan polisi a goblygiadau polisi. Maent yn ceisio gwneud yr Offeryn Statudol yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol, ac maent yn cyd-fynd ag unrhyw Offeryn Statudol neu Offeryn Statudol Drafft a gyflwynwyd ger bron y Senedd o Fehefin 2004 ymlaen.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys