The Pollution Prevention and Control (Scotland) Regulations 2012

13.  Subject to paragraph 35, SEPA must within 14 days of receiving an application for a permit give notice of the application (enclosing a copy) to— S

(a) in the case of a permit for an installation, the local authority and Health Boards in whose areas the installation will be operated,

(b) in the case of a permit for an installation where operation may involve an emission which may affect a site of special scientific interest or a European site (within the meaning of regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994 M1 )—

(i) Scottish Natural Heritage where the emission may affect a site in Scotland,

(ii) the appropriate nature conservation body (within the meaning of regulation 4 of those Regulations) where the emission may affect such a site in another part of Great Britain,

(c) in the case of a permit for a Part A installation—

(i) the Food Standards Agency M2 , and

(ii) where operation may involve the release of any substance into a sewer vested in Scottish Water M3 , that body,

(iii) where operation may involve the release of any substance into a harbour managed by a harbour authority (within the meaning of section 57(1) of the Harbours Act 1964 M4 ), that harbour authority,

[F1 (d) in the case of a permit for an installation on a site—

(i) in respect of which a nuclear site licence is required under section 1 of the Nuclear Installations Act 1965; or

(ii) which is a relevant nuclear site and in respect of which—

(aa) a major accident prevention policy document is required under regulation 5 of the Control of Major Accident Hazards Regulations 1999 (“the 1999 Regulations”); or

(bb) a safety report is required under regulation 7 of the 1999 Regulations,

the Office for Nuclear Regulation;

(da) in the case of a permit for an installation on a site in respect of which—

(i) a major accident prevention policy document is required under regulation 5 of the 1999 Regulations; or

(ii) a safety report is required under regulation 7 of the 1999 Regulations,

the Health and Safety Executive unless the application is required to be given to the Office for Nuclear Regulation under sub-paragraph (d).]

(e) such other persons as the Scottish Ministers may direct.

Textual Amendments

F1 Sch. 4 para. 13(d)(da) substituted for Sch. 4 para. 13(d) (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 206(2) (with Sch. 4)

Marginal Citations

M1 S.I. 1994/2716. Relevant amendments are made by paragraph 15 of schedule 2 to the Land Reform (Scotland) Act 2003 (asp 2), by S.I. 1997/3055, 2007/1843 and 2010/490, and by S.S.I. 2004/475, 2007/80, 2011/155 and 2012/228.

M2 See section 1 of the Food Standards Act 1999 (c.28).

M3 Scottish Water is a body corporate established by section 20 of, and Schedule 3 to, the Water Industry (Scotland) Act 2002 (asp 3).

M4 1964 c.40, to which there are no relevant amendments.