PART III E+W+SAPPROVAL OF ESTABLISHMENTS

Interpretation of Part III E+W+S

17.  In this Part—

• “the applicable minimum conditions laid down in the Annex to the Establishments Directive" means the minimum conditions laid down in—

  (a)

  Chapter I.1(b) of the Annex to the Establishments Directive in the case of an application to approve an establishment, other than an Article 12 establishment, as an establishment on which the activity specified in regulation 10(1)(a) may be exercised;

  (b)

  points 4, 5, 6.2 and 7 of Chapter I.1(b) of the Annex to the Establishments Directive in the case of an application to approve an Article 12 establishment as an establishment on which the activity specified in regulation 10(1)(a) may be exercised;

  (c)

  Chapter I.2(b) of the Annex to the Establishments Directive in the case of an application to approve an establishment as an establishment on which the activity specified in regulation 10(1)(b) or (e) may be exercised;

  (d)

  Chapter I.3(b) of the Annex to the Establishments Directive in the case of an application to approve an establishment as an establishment on which the activity specified in regulation 10(1)(c) may be exercised; and

  (e)

  with the exception of the requirements set out in point 7, Chapter I.3(b) of the Annex to the Establishments Directive, in the case of an application to approve an establishment as an establishment on which the activity specified in regulation 10(1)(d) may be exercised;

• “approved establishment" means an establishment approved by the enforcement authority as an establishment on which an establishment activity may be exercised;

• “Article 12 establishment" means an establishment to which Article 12 of the Establishments Directive applies;

• “eligible person" means a person who is entitled to apply to the enforcement authority in accordance with the first paragraph of Article 4.1 of the Establishments Directive or the first paragraph of Article 4.2 of that Directive for an establishment to be approved as an establishment on which an establishment activity may be exercised;

• “essential conditions" means the essential conditions in—

  (a)

  Chapter I.1(b) of the Annex to the Establishments Directive in the case of the exercise of the establishment activity specified in regulation 10(1)(a);

  (b)

  Chapter I.2(b) of the Annex to the Establishments Directive in the case of the exercise of the establishment activity specified in regulation 10(1)(b) or (e);

  (c)

  Chapter I.3(b) of the Annex to the Establishments Directive in the case of the exercise of the establishment activity specified in regulation 10(1)(c); and

  (d)

  with the exception of the requirements set out in point 7, Chapter I.3(b) of the Annex to the Establishments Directive in the case of the exercise of the establishment activity specified in regulation 10(1)(d); and

• “establishment activity" means an activity specified in paragraph (a), (b), (c), (d) or (e) of regulation 10(1).