Statutory Instruments of the Scottish Parliament

" (oa) in the case of an application for a permit to operate a Part A installation, an outline of the main alternatives, if any, studied by the applicant;";

(b) in paragraph 6(e), after "where", insert ", and in the case of an application for a permit to operate a Part A installation, how and at what times";

(c) after paragraph 6, insert–

(a) explain that the particulars of the application contained in the register specified in paragraph 6(e) include a description of the elements listed in paragraph 1(1); and

(b) where applicable, state that the determination of the application is subject to a national or transboundary environmental impact assessment or to consultations between Member States in accordance with paragraph 17.";

(d) in paragraph 7, for "paragraphs 1 and 6" substitute "paragraphs 1, 6 and, where applicable, 6A";

(e) in paragraph 12(2), at the end of paragraph (b), insert–

     " ; and

(c) in the case of all persons, the period of 28 days beginning with the date on which the draft determination is advertised pursuant to paragraph 5 or 15B.";

(f) in paragraph 15, for sub-paragraph (1) substitute–

(a) its determination of an application for a permit; or

(b) in the case of an application for a permit to operate a new Part A installation, its draft determination,

within the period of 4 months beginning with the day on which it received the application or within such longer period as may be agreed with the applicant.";

(i) after "its determination" insert "or draft determination"; and

(ii) for "paragraph 15" substitute "paragraph 15 or, as the case may be, paragraph 15C";

(i) for paragraph 17 substitute–

(a) a copy of the application to operate the installation and a copy of the advertisement made under paragraph 5; and

(b) where applicable, a copy of the draft determination in respect of that application together with a copy of the advertisement made under paragraph 15B,

at the same time as the application or draft determination is advertised pursuant to paragraphs 5 or 15B (or as soon as they become so aware or receive such a request, if they become so aware or receive such a request after the application or draft determination are advertised but before the application is determined) and as soon as possible thereafter, any additional information which has become available after the application or draft determination are advertised and which may be relevant to the determination of the application, in order that the application or draft determination may serve as the basis for any consultations necessary in the framework of the bilateral relations between the United Kingdom and other Member States on a reciprocal and equivalent basis, as referred to in Article 17 of the IPPC Directive.";

(i) in paragraph (1)(a) after "application" where it first occurs, insert "or provide its draft determination"; and

(ii) in paragraph (1)(b) after "determination", insert " or to provide a draft determination";

(k) after paragraph 18, insert–

(i) in sub paragraph (1)(b) omit from "authorise" to the end and substitute–

     " authorise–


(i) a substantial change in the operation of an installation or mobile plant; or

(ii) a variation in the conditions of a permit to operate a Part A installation as a result of a review under regulation 11(2)(a).";



(ii) in sub paragraph (2), omit from "no substantial change" to the end and substitute "sub-paragraph (1) does not apply";

(iii) at the end of sub paragraph (5)(c), insert–

     " ; and

(d) in the case of a proposed variation notice affecting the operation of a Part A installation, provide–


(i) information on the reasons and considerations on which that proposed variation notice is based;

(ii) information on any guidance relevant to the determination of the proposed variation.";



(iv) in sub paragraph (9)–



(aa) for sub paragraph (9)(d), substitute–

" (d) state where and in the case of a variation affecting the operation of a Part A installation, how and at what times, any register which contains–


(i) particulars of the application or proposed variation;

(ii) in the case of a proposed variation affecting the operation of a Part A installation, a copy of the proposed variation notice and the information provided by SEPA under sub-paragraph (5)(d)(i) on the reasons and considerations on which that proposed variation notice is based,



may be inspected and that it may be inspected free of charge;";

(bb) at the end of paragraph (9)(f), insert–

     " ;

(g) in the case of a variation affecting the operation of a Part A installation–


(i) explain that the particulars of the application contained in the register specified in paragraph (d) include a description of the elements listed in paragraph 1;

(ii) in the case of a proposed variation notice, describe the contents of that notice;

(iii) where applicable, state that the determination of the application or the serving of the variation notice is subject to a national or transboundary environmental impact assessment or to consultations between Member States in accordance with paragraph 9;

(iv) where applicable, explain that any guidance relevant to the determination of the proposed variation which has been provided to the operator under paragraph 4(5)(d)(ii) has been included in the register or otherwise made available.";



(v) in sub paragraph (12)–



(aa) in paragraph (b), for "other persons" substitute "any other person"; and

(bb) after paragraph (b), insert–

" (c) in the case of all persons, the period of 28 days beginning with the date on which the draft determination is advertised pursuant to paragraph 7A.";

(b) after paragraph 6, insert–

(a) where no representations are made to SEPA within the period allowed by paragraph 4(12) or, where applicable and if later, paragraph 5 or by the day on which SEPA receives notification by the Scottish Ministers that the bilateral consultations have been completed pursuant to paragraph 10(b), SEPA shall–


(i) serve the variation notice;

(ii) include in the relevant register a copy of the variation notice, together with the statement confirming that no representations have been received by SEPA on the proposed variation and information on the reasons and considerations on which the variation notice is based; and

(iii) where paragraph 9 applies, forward a copy of the variation notice and the information specified in sub paragraph (ii) to the Scottish Ministers,



within the period of 7 days beginning on the day on which the period allowed by paragraph 4(12) or, where applicable and if later, paragraph 5 ends or the day on which SEPA receives notification by the Scottish Ministers that the bilateral consultations have been completed pursuant to paragraph 10(b); or

(b) where representations are made to SEPA within the period allowed by paragraph 4(12) or, where applicable and if later, paragraph 5 or by the day on which SEPA receives notification by the Scottish Ministers that the bilateral consultations have been completed pursuant to paragraph paragraph 10(b), SEPA shall–



(i) serve the variation notice;

(ii) include in the relevant register a copy of the variation notice, together with information on the reasons and considerations on which the variation notice is based, including information about the public participation process;

(iii) advertise the notice on its web site or, if it considers it appropriate, by any other means; and

(iv) where paragraph 9 applies, forward a copy of the variation notice and the information specified in sub paragraph (ii) to the Scottish Ministers,



within the period of 21 days beginning on the day on which the period allowed by paragraph 4(12) or, where applicable and if later, paragraph 5 ends or the day on which SEPA receives notification by the Scottish Ministers that the bilateral consultations have been completed pursuant to paragraph 10(b) or within such longer period as may be agreed with the applicant.

    (2) Where the proposed variation has been forwarded to another Member State pursuant to paragraph 9, the Scottish Ministers shall forward to the Secretary of State a copy of the variation notice and the information specified in sub paragraph (1)(a)(ii) or (b)(iv) as the case may be, as soon as practicable.

    (3) Where sub paragraph (1) applies and SEPA fails to serve the variation notice within the periods specified in that sub paragraph, the proposed variation shall, if the applicant notifies SEPA in writing (or in electronic form acceptable to SEPA) that the applicant treats the failure as such, be deemed to have been withdrawn at the end of that period.";

(a) its determination of an application under regulation 13(2); or

(b) in the case of an application under regulation 13(2) for a variation to which paragraph 4(1)(b)(i) applies and which affects the operation of a Part A installation, its draft determination,

within the period specified in sub paragraph (2).

    (2) The period specified for the purposes of sub paragraph (1) is as follows:–

(a) where the consultation and advertising procedure set out in paragraph 4 applies, within the period of 4 months beginning with the day on which SEPA received the application;

(b) where that procedure does not apply, within the period of 3 months beginning with the day on which SEPA received the application,

or, in either case, within such longer period as may be agreed with the operator.

    (3) For the purpose of calculating the periods mentioned in sub paragraph (2) no account shall be taken of–

(a) any period beginning with the date on which notice is served on an operator under paragraph 3 and ending on the date on which the operator furnishes the information specified in the notice;

(b) any period allowed for making representations in relation to a notice given pursuant to paragraph 5 in so far as that period does not overlap with any other period allowed for making representations in accordance with paragraph 4(12);

(c) where a matter falls to be determined for the purposes of regulation 28 or under regulation 29, any period beginning with the date on which the period of 28 days referred to in paragraph 4(8) ends and ending on the date on which the application is advertised in accordance with paragraph 15(b).";

(d) after paragraph 7, insert–

(a) within a period of 3 days beginning with the date on which notice of a draft determination is given pursuant to paragraph 7, advertise the notice on its web site or, if it considers it appropriate, by any other means; and

(b) take all relevant steps specified in the advertisement as falling to be carried out by SEPA, within the time-periods set out in that advertisement.

(i) after "its determination" insert "or draft determination";

(ii) for "the period" substitute "the applicable periods"; and

(iii) for "paragraph 7" substitute "paragraph 7 or 7B";

(f) for paragraph 9, substitute–

(a) a copy of the application or proposed variation notice and a copy of the advertisement made under paragraph 4(8);

(b) where applicable, a copy of the draft determination in respect of that application together with a copy of the advertisement made under paragraph 7A,

at the same time as the application, proposed variation or draft determination are advertised pursuant to paragraphs 4(8) and 7A (or as soon as they become so aware or receive such a request after the application, proposed variation or draft determination are advertised but before the application is determined or the proposed variation notice is served) and as soon as possible thereafter, any additional information which has become available after the application, proposed variation or draft determination and which may be relevant to the determination of the application or proposed variation, in order that the application or proposed variation notice or draft determination may serve as the basis for any consultations necessary in the framework of the bilateral relations between the United Kingdom and the other Member State on a reciprocal and equivalent basis, as referred to in Article 17 of the IPPC Directive.";

(i) in sub-paragraph (a), after "application" where it first occurs, insert "or provide its draft determination";

(ii) in sub-paragraph (b), after "determine the application", insert "or to provide a draft determination";

(h) after paragraph 11, insert–

" (ca) all particulars of any advertisement under paragraph 15B of Schedule 4 or paragraph 7A of Schedule 7, the information specified in paragraph 15C of Schedule 4 or paragraphs 6A or 7B of Schedule 7 and all particulars of any representations made by any person in response to such an advertisement, other than representations which the person who made them requested should not be placed in the register.".