SCHEDULE 7SVARIATION OF PERMITS

PART 2SDETERMINATION OF VARIATIONS

10.—(1) An advertisement required by paragraph 9 must—S

(a)explain where, how and at what times the register which contains—

(i)any additional information which is relevant to the determination of the application which has become available after the application is advertised pursuant to paragraph 4(8),

(ii)information about any BAT reference document relevant to the installation or activity concerned,

(iii)information about how emission limit values have been set in relation to best available techniques and emission limit values associated with the techniques,

(iv)a copy of the draft determination, and

(v)information on the arrangements for public participation and the reasons and considerations on which the draft determination is based,

may be inspected, and that it may be inspected free of charge,

(b)explain where any other information and guidance relevant to the application may be obtained free of charge,

(c)explain that any person may make representations to SEPA in writing within the period of 28 days beginning with the date of the advertisement and give the SEPA address for receiving representations,

(d)explain that where—

(i)no representations are made to SEPA within the period specified in paragraph (c) or where applicable, paragraph 16, SEPA must—

(aa)give notice of its determination, and

(bb)include in the register a copy of the final determination, together with a statement confirming that no representations have been made on the draft determination and information on the reasons and considerations on which the determination is based and information about the public participation process, and

(cc)advertise the notice on its web site or, if it considers it appropriate, by any other means,

within the period of 7 days beginning on the day on which the period referred to in sub-paragraph (c) or, where applicable, paragraph 16 ends, or

(ii)representations are made to SEPA within the period specified in paragraph (c) or paragraph 16 SEPA must subject to paragraph 11—

(aa)serve the variation notice, and

(bb)include in the register a copy of the final variation, together with information on the reasons and considerations on which the variation is based, including information about the public participation process, and

(cc)advertise the notice on its web site or, if it considers it appropriate, by any other means,

within the period of 21 days beginning on the day on which the later of the period specified in sub-paragraph (c) or, where applicable, paragraph 16 ends, or within such longer period as may be agreed with the applicant.

(2) Where the draft determination has been forwarded to the Secretary of State pursuant to paragraph 13 the Scottish Ministers must forward to the Secretary of State a copy of the final determination and the information specified in sub-paragraph (1)(d)(i)(bb) or (ii)(bb) as the case may be, by the date by which SEPA is required to give notice of its determination under sub-paragraph (1)(d)(i) or (ii), for the purpose of its onward transmission as soon as practicable to the Member State to which the draft determination has been forwarded under paragraph 13.