- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Environmental Authorisations (Scotland) Regulations 2018, Section 55.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
55.—(1) A person—
(a)who has been refused, in whole or in part, the grant of a registration or permit under paragraph 9 of schedule 1;
(b)who is deemed to have been refused the grant of a registration or permit under paragraph 10(1) of schedule 1;
(c)whose application for a registration or permit has been deemed withdrawn by SEPA under paragraph 6(3) or 8(3) of schedule 1;
(d)who is aggrieved by the conditions attached to the person's permit (including the specification of standard conditions, but not the standard conditions themselves)—
(i)following an application for a permit under regulation 21;
(ii)by variation, either following an application under regulation 25 or otherwise;
(e)who has been granted a form of authorisation under regulation 60 or 61 which is different from the form of authorisation which that person believes ought to have been granted;
(f)whose application for variation of an authorisation under regulation 25 has been refused (in whole or in part) or deemed refused;
(g)on whom a notice requiring the provision of information under regulation 37 has been served;
(h)whose application for transfer of an authorisation under regulation 27 has been refused or deemed refused, or who is aggrieved by the conditions attached to the person's authorisation to take account of a transfer;
(i)whose application to surrender an authorisation under regulation 30 has been refused or deemed refused;
(j)who is aggrieved by a step specified in the surrender notice served by SEPA under paragraph 15 of schedule 1;
(k)on whom a revocation notice has been served;
(l)whose application for the transfer of a duty to comply with a revocation notice under regulation 29 has been refused or deemed refused;
(m)on whom a regulatory notice has been served;
(n)on whom a costs recovery notice has been served and either or both of the following apply—
(i)the person is aggrieved by service of the notice;
(ii)the person believes that some or all of the costs were not incurred or were unnecessarily incurred;
(o)who has applied under regulation 41(1) to have information excluded from the register on the ground that it is commercially confidential and SEPA has decided the information is not commercially confidential;
(p)who is aggrieved by a decision by SEPA under regulation 42(4) that information is no longer commercially confidential;
(q)whose consent is required for the authorised person to comply with an off-site condition which has been included in an authorisation; and
(r)whose authorisation or authorisations have been consolidated by a SEPA initiated consolidation under regulation 64(2),
may appeal to the Scottish Ministers against the decision or determination.
(2) Paragraph (1) does not apply where the decision or notice (as the case may be) gives effect to a direction under regulation 56(1) or paragraph 23(3) of schedule 1.
(3) Paragraph (1)(d) does not apply to a condition attached to a permit following variation of the permit under regulation 25 or consolidation under regulation 64 if the condition (or an equivalent condition) was attached to the permit immediately prior to the variation or to a non-consolidated authorisation immediately prior to consolidation.
(4) In this regulation, “person” includes a person to whom a permit or registration has been transferred after the decision which is the subject of the appeal has been made or the notice which is the subject of the appeal has been served.
(5) Schedule 4 has effect.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: