The Environmental Permitting (England and Wales) Regulations 2016

[F1 Modification of the Basic Safety Standards Directive E+W

2.— (1) For the purposes of these Regulations, the Basic Safety Standards Directive is to be read in accordance with this paragraph.

(2) When interpreting the Basic Safety Standards Directive for the purposes of these Regulations, “radioactive waste” has the meaning given in paragraph 3 of Part 2 of Schedule 23.

(3) Article 4 is to be read as if—

(a) in points (11), (34), (43), (47) and (57), for “competent authority” there were substituted “ regulator ”;

(b) point (79) were omitted;

(c) in point (86), for “competent authority” in both places it occurs substitute “ regulator ”.

(4) Article 12 is to be read as if, in paragraphs 1 and 2, for “Member States” there were substituted “ The appropriate authority ”.

(5) Article 30(4) is to be read as if—

(a) in the first sentence, for “Member States” there were substituted “ The regulator ”;

(b) in the third sentence for “Competent Authority” there were substituted “ regulator ”.

(6) Article 66 is to be read as if—

(a) in paragraphs 1 and 2 , for “Member States” in each place it occurs there were substituted “ The regulator ”;

(b) in paragraph 3, in the words before point (a), for “competent authority” there were substituted “ regulator ”.

(7) Articles 85 to 87 are to be read as if—

(a) for “Member States” in each place it occurs there were substituted “ The regulator ”;

(b) in Articles 85(3) and 86(4), for “competent authority” there were substituted “ regulator ”.

(8) Article 88 is to be read as if, in the words before point (a), for the words from “In addition” to “States” there were substituted “ The regulator ”.

(9) Article 89 is to be read as if—

(a) in the first paragraph—

(i) in the words before point (a)—

(aa) for “Member States” there were substituted “ The regulator ”;

(bb) for “competent authority” there were substituted “ regulator ”;

(ii) in point (b), for “Member States” there were substituted “ the appropriate authority ”;

(b) in the second paragraph, for “competent authority” there were substituted “ regulator ”.

(10) Article 90 is to be read as if—

(a) in the heading, for “competent authority” there were substituted “ regulator ”;

(b) in the first sentence, for “Member States shall ensure that the competent authority keeps” there were substituted “ The regulator must keep ”;

(c) in the third sentence, for “competent authority” there were substituted “ regulator ”.

(11) Article 91 is to be read as if for “Member States” in both places it occurs there were substituted “ The regulator ”.

(12) Annex 7 is to be read as if—

(a) in section 1, in the first sentence, for “competent authority” there were substituted “ regulator ”;

(b) in section 2—

(i) in points (c) and (d), “Community” were omitted;

(ii) in point (e)—

(aa) in the second sentence, for “Article 75” there were substituted “ regulation 7 of the Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018 ”;

(bb) in the third sentence, for “competent authority” there were substituted “ regulator ”;

(c) in section 3—

(i) in point (d), for “Member States” there were substituted “ the appropriate authority ”;

(ii) in point (e), in the first paragraph, in the fourth indent, in the third sentence, for “Member States” there were substituted “ The appropriate authority ”;

(d) in Table A Part 1, in the final paragraph, for “competent authority” there were substituted “ appropriate authority ”.

(13) Annex 14 is to be read as if, in the form, in the note, for “Community” there were substituted “ United Kingdom ”.

(14) Annex 15 is to be read as if—

(a) in point (b), for “Member States” there were substituted “ the regulator ”;

(b) in points (d), (e) and (g), for “competent authority” in each place it occurs there were substituted “ regulator ”.]

Textual Amendments

F1 Sch. 1A inserted (31.12.2020) by The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), reg. 1, Sch. (as amended by S.I. 2019/559, regs. 1(2), 3(3); S.I. 2019/1078, regs. 1, 3; S.I. 2020/1376, regs. 1(4), 4(2); S.I. 2020/1540, regs. 1(3), 10, 13(2)); 2020 c. 1, Sch. 5 para. 1(1)