Transitional provisions4

Part 1 of Schedule 3 to the 2003 Regulations shall apply in relation to any installation or mobile plant which by virtue of these Regulations becomes a Part A installation or Part A mobile plant (but which would otherwise not have been an installation or mobile plant or would have been a Part B or Part C installation or Part B or Part C mobile plant) as if –

a

in paragraph 4 sub-paragraph (1) were omitted; and

b

in paragraph 6 –

i

for the definition of “existing” there were substituted –

  • “existing” means, in relation to a Part A installation or a Part A mobile plant –

    1. a

      an installation or mobile plant which is put into operation pursuant to a relevant authorisation granted where required, before 28th December 2002; or

    2. b

      an installation or mobile plant, which is put into operation on or after that date if –

      1. i

        its operation was authorised by a relevant authorisation before that date; or

      2. ii

        an application for such authorisation was duly made before that date

ii

in the definition of “new” for “31st October 1999” there were substituted “28th December 2002”; and

iii

in the definition of “relevant authorisation” for “31st October 1999” (in both places where it occurs) there were substituted “28th December 2002”.