Transitional provision: existing consents31
1
On the coming into force of these Regulations and subject to paragraph (2), an existing consent relating to a flood risk activity (as defined in the principal Regulations)—
a
becomes an environmental permit under the principal Regulations, and
b
that permit has effect subject to any conditions that applied to the existing consent immediately before the coming into force of these Regulations.
2
Where an existing consent relates to an excluded or exempt flood risk activity (as defined in the principal Regulations)—
a
the existing consent does not become an environmental permit and ceases to have effect;
b
the conditions in paragraph 5B(b) of Schedule 2 to the principal Regulations as to registration do not apply; and
c
the duties in respect of an exempt flood risk activity in paragraph 7 of Schedule 2 to the principal Regulations do not apply.
3
In this regulation, “existing consent” means a consent which—
a
is issued under section 109 of the 1991 Act or under any byelaw made by the regulator under section 210(1) of, and paragraph 5 of Schedule 25 to, that Act13; and
b
is in force immediately before the coming into force of these Regulations.