The Control of Industrial Air Pollution (Registration of Works) Regulations 1989

Application to existing works

12.—(1) This regulation applies to a work that is required by section 9 of the 1906 Act to be registered, where the work is in existence on, or is to be constructed in accordance with a contract entered into before, the date on which these Regulations come into force, but does not apply to a work which, on that date, has been closed for 12 months or more.

(2) If on the date on which these Regulations come into force there is a certificate of registration in force in respect of a work to which this regulation applies, that certificate shall continue in force until such time, if any, as the work in respect of which it is issued undergoes an alteration other than an exempt alteration, or the work is closed for a period of 12 months or more, or a new certificate is issued in respect of that work.

(3) If, on the date on which these Regulations come into force, there is no certificate of registration in force in respect of a work to which this regulation applies—

(a) that work shall be deemed to be registered for a period of three months from that date;

(b) if an application for a certificate of registration in respect of the work is made within that period of three months–

(i) such application may be made in accordance with the 1957 Order, or in Scotland the 1933 Order, in which case the work shall be registered and the certificate of registration issued in accordance with the 1906 Act and the 1957 Order or, as the case may be, the 1933 Order;

(ii) the work shall continue to be deemed to be registered until such time as a certificate of registration is issued or refused or the application is withdrawn.

(4) A certificate issued in accordance with paragraph (3) shall continue in force until such time, if any, as the work in respect of which it is issued undergoes an alteration other than an exempt alteration, or the work is closed for a period of 12 months or more, or a new certificate is issued in respect of that work.

(5) Regulations 3, 4, 5, 6 and 7 shall not apply to a work to which this regulation applies.