PART 7Miscellaneous provisions

Chapter 3Transitional provisions - former enactments

Public registers under former enactments84

1

On the coming into force of these Regulations, the following information is taken to be information contained on a public register under these Regulations—

a

any information that, at the relevant time—

i

was kept under section 39 of the 1993 Act, and

ii

was publicly available;

b

any information in relation to discharge consents or groundwater permits that, at the relevant time, was kept under section 190 of the 1991 Act.

2

The following decisions are taken to be final confidentiality decisions for the purposes of Part 5—

a

a decision by the Agency under section 191B of the 1991 Act M1 that information is commercially confidential in relation to any person;

b

a decision by the Agency under section 39(1) of the 1993 Act not to disclose information relating to any relevant process or trade secret.

3

For the purposes of regulation 55, a final confidentiality decision by virtue of paragraph (2) is taken to be made on the coming into force of these Regulations.

4

The following directions are taken to be given under regulation 47(1)—

a

a direction given under section 191A of the 1991 Act M2;

b

a direction given under section 25 of the 1993 Act.

5

A notification by the Agency under section 191A(3) of the 1991 Act is taken to be a notification under regulation 47(2).