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The Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001

Status:

This is the original version (as it was originally made).

Prohibition notices

15.—(1) If the Secretary of State is of the opinion that the operation of a qualifying offshore combustion installation involves an imminent serious risk of pollution, the Secretary of State may serve a notice (“a prohibition notice”) on the operator of the installation.

(2) A prohibition notice may be served whether or not the manner of operating the combustion installation in question contravenes a condition of the permit and may relate to any aspects of the operation of the combustion installation, whether regulated by the conditions of the permit or not.

(3) A prohibition notice shall—

(a)state that the Secretary of State is of the opinion mentioned in paragraph (1) above;

(b)specify the risk involved in the operation of the installation;

(c)specify the steps that must be taken to remove it and the period within which they must be taken; and

(d)direct that the permit shall, until the notice is withdrawn, wholly or to the extent specified in the notice, cease to have effect to permit the operation of the installation,

and where the direction applies to part only of the operation of the installation it may impose conditions to be observed in carrying on the part which is authorised to be carried on.

(4) The Secretary of State may by notice withdraw a prohibition notice at any time and shall withdraw a notice when he is satisfied that the steps required by the notice have been taken.

(5) It shall be the duty of the person to whom the prohibition notice is addressed to comply with its terms save to the extent that it is withdrawn wholly or in part.

(6) The service of a prohibition notice shall be without prejudice to the exercise by any person of any power under any other provision of these Regulations.

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