Environmental Protection Act 1990

Exclusion of Clean Air Act 1968 for prescribed processes E+W+S

12 In the M1 Clean Air Act 1968 there shall be inserted, after section 11, the following section—

“11A Relation to Environmental Protection Act 1990, Part I.

“11A (1) The preceding provisions of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process.

(2) The “determination date” for a prescribed process is—

(a) in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;

(b) in the case of a process for which an authorisation is refused the date of the refusal or, on an appeal, of the affirmation of the refusal.

(3) In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.”

Commencement Information

I1 Sch. 15, para. 12 in force at 1.4. 1991, see s. 164(3) and S.I. 1991/1042, art. 2

Marginal Citations

M1 1968 c. 62