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The Pollution Prevention and Control (Scotland) Regulations 2012
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- Scottish Statutory Instruments
- 2012 No. 360
- PART IV
- Regulation 36
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The Pollution Prevention and Control (Scotland) Regulations 2012, Section 36 is up to date with all changes known to be in force on or before 08 November 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.
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 57A inserted by 2024 asp 13 s. 20(3)
Standard rulesS
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36.—(1) A rule-making authority may make, revise or revoke rules (“standard rules”) which apply to an installation or any mobile plant described in the rules.
(2) A rule-making authority must, when making or revising standard rules, ensure that the rules—
(a)give effect to the best available techniques for preventing, or where that is not practicable reducing, emissions from an installation or any mobile plant, and
(b)so far as relating to an activity set out in Annex I to the Industrial Emissions Directive, do not prescribe the use of any technique or specific technology in order to ensure compliance with [F1regulations 23 and 25].
(3) A rule-making authority may only make or revise standard rules if it is satisfied that the operation of an installation or any mobile plant will, to the extent that it is covered by a standard rules condition, result in—
(a)the same level of environmental protection, and
(b)in the case of Part A installations, the same high level of integrated pollution prevention and control,
as would result were there no standard rules condition and the installation or mobile plant were operated under the conditions that would be included under Part II of these Regulations.
(4) A rule-making authority must—
(a)keep standard rules made by the authority under review, and
(b)revise any such rules whenever it considers necessary to do so in order to—
(i)follow developments in best available techniques, or
(ii)ensure compliance with [F2[F3assimilated] law implementing] the Industrial Emissions Directive.
F4(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A reference to revising standard rules includes a partial revocation of the rules.
Textual Amendments
F1Words in reg. 36(2)(b) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(13)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 36(4)(b)(ii) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(13)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in reg. 36(4)(b)(ii) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 23(8)
F4Reg. 36(5) omitted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(13)(c); 2020 c. 1, Sch. 5 para. 1(1)
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