The Pollution Prevention and Control (Unauthorised Part B Processes) (England and Wales) Regulations 2004

Application of the 2000 Regulations to unauthorised Part B Processes

3.—(1) Where on the date on which these Regulations come into force an unauthorised Part B process forms part of an existing Part B installation or existing Part B mobile plant—

(a) in respect of which the relevant date specified in paragraph 10 of Part 2 of Schedule 3 to the 2000 Regulations (relevant dates for Part B installations or Part B mobile plant) has passed;

(b) in respect of which an application is deemed to have been made under the provisions of paragraph 9(3) of Part 2 of Schedule 3 to the 2000 Regulations (deemed applications);

(c) in which no authorised Part B process is being carried on; and

(d) in respect of which the deemed application has not been determined by the regulator,

the application shall be deemed to have been refused on the expiry of a period of one month beginning with the date on which these Regulations come into force or such longer period as may be agreed between the regulator and the applicant.

(2) Paragraph 9(3) of Part 2 of Schedule 3 to the 2000 Regulations shall not apply to an existing Part B installation or an existing Part B mobile plant where an unauthorised Part B process is being carried on in so far as—

(a) the relevant date specified in paragraph 10 of Part 2 of Schedule 3 to the 2000 Regulations for that installation or mobile plant is a date after the coming into force of these Regulations; and

(b) no authorised Part B process is being carried on in that installation or mobile plant.

(3) Where paragraph 9(3) of Part 2 of Schedule 3 to the 2000 Regulations is disapplied by virtue of paragraph (2), the prescribed date for the purposes of regulation 9(1) of the 2000 Regulations for the Part B installation or Part B mobile plant of which the unauthorised Part B process forms part shall be the relevant date for that installation or mobile plant.