9. In regulation 14 (application for registration of a scheme)(1)—
(a)in paragraph (3)—
(i)in sub-paragraph (e), for “authority”, substitute “Agency”;
(ii)omit sub-paragraph (f);
(b)in paragraph (4)—
(i)in sub-paragraph (a), omit “(f),”;
(ii)omit sub-paragraph (c);
(iii)in sub-paragraphs (d) and (e), for “authority”, substitute “Agency”;
(c)in paragraph (5)(b), for “regulation 18”, substitute “regulation 13C(2)”;
(d)after paragraph (8), insert—
“(9) Where the conditions in paragraph (11) are met, an operator may elect to make an application to DOENI for registration under paragraph (1).
(10) Where an operator so elects—
(a)functions of the appropriate Agency in relation to the application under this regulation and under regulations 16, 17 and 19(2)(a) shall be carried out by DOENI acting on behalf of the appropriate Agency; and
(b)until such time as the application has been determined, the operator may not make an application to the appropriate Agency under paragraph (1) in relation to the same or substantially the same scheme.
(11) The conditions are—
(a)the operator’s registered office or principal place of business is in Northern Ireland; and
(b)the operator proposes to apply to DOENI in relation to the same year for registration of the scheme under regulation 14(1) of PRONIR.
(12) For the purposes of these Regulations, an act of DOENI performing the functions of the appropriate Agency pursuant to paragraph (10)(a) is to be treated as an act of that Agency.”.
Regulation 14 was amended by S.I. 2010/2849.