SCHEDULES
SCHEDULE 15 Consequential and Minor Amendments of Enactments
Workplace emissions into the air
14
Section 5 of the M1Health and Safety at Work etc. Act 1974 (general duty in relation to harmful emissions into the air from prescribed premises) shall be amended by the insertion—
a
in subsection (1), at the beginning, of the words “Subject to subsection (5) below,”; and
b
after subsection (4), of the following subsections—
5
The foregoing provisions of this section shall not apply in relation to any process which is a prescribed process as from the date which is the determination date for that process.
6
For the purposes of subsection (5) above, the “determination date” for a prescribed process is—
a
in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
b
in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.
7
In subsections (5) and (6) above “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.