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The Pollution Prevention and Control (Scotland) Regulations 2012, Paragraph 13 is up to date with all changes known to be in force on or before 07 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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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 [F1Food Standards Scotland] 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,
[F2(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
F1Words in Sch. 4 para. 13(c)(i) substituted (1.4.2015) by The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (S.S.I. 2015/100), arts. 1(2), 2, sch. para. 34
F2Sch. 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
M1S.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.
M2See section 1 of the Food Standards Act 1999 (c.28).
M3Scottish Water is a body corporate established by section 20 of, and Schedule 3 to, the Water Industry (Scotland) Act 2002 (asp 3).
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