Pollution Prevention and Control Bill [Lords] — Particular Purposes for which Provision may be made under Section 2 — 14 Jul 1999

As amended in the Standing Committee, considered.

in force immediately before the relevant time (unless and until varied under Part II of the 1990 Act); and "the relevant time" means--

(a) where subsection (1) or (3) has effect in relation to a licence, the time of expiry;

(b) where subsection (4) has effect in relation to a licence, the beginning of the day on which this Act is passed.

(6) Where subsection (1) or (3) has effect in relation to a licence (but without prejudice to the generality of that subsection)--

(a) activities carried out during the interim period which (by virtue of subsection (1) or (3)) become authorised by the licence shall be treated as authorised at the time they were carried out (even though at that time their being carried out amounted to a contravention of section 33(1)(a) or (b) of the 1990 Act or section 3(1) of the 1974 Act);

(b) anything done in relation to the licence before the time of expiry but purporting to take effect after that time (such as the serving of a notice under section 37(4) or 38(12) of the 1990 Act, or in pursuance of section 7 of the 1974 Act, specifying a time falling during or after the interim period) shall be treated as having had (or having) effect as if the licence had not in fact expired;

(c) anything which during the interim period purported to be done in relation to the licence (such as a modification of the licence or the revocation, suspension, transfer or acceptance of the surrender of the licence or the carrying out of consultation, exercise of functions under section 9 of the 1974 Act or section 42 of the 1990 Act, imposition of requirements during a suspension or bringing or determination of an appeal) shall be treated as having had effect as if the licence had then been in force;

(d) any fees which (by virtue of subsection (1) or (3)) are treated as having become payable before the passing of this Act shall be taken to have become payable at the time they would have become payable had the licence not in fact expired; and

(e) the holder of the licence shall be treated as having been, during the interim period, an authorised person for the purposes of section 34(1)(c) of the 1990 Act.

(7) Where subsection (1) or (3) has effect in relation to a licence, a person shall not be guilty of an offence under section 33(6) or 38(10) or (11) of the 1990 Act as a result of anything done or omitted to be done during the interim period becoming (by virtue of subsection (1) or (3)) a contravention of any condition of the licence or (as the case may be) a failure to comply with any requirement imposed under section 38(9) of the 1990 Act.

(8) Nothing in this section affects any criminal proceedings which have been concluded before the passing of this Act.

(9) The waste regulation authority (within the meaning given by section 30(1) of the 1990 Act) shall notify the holder of a licence affected by this section of the fact that the licence is so affected and of how it is so affected.

(10) For the purposes of this section "relevant activities", in relation to a licence, are--

(a) any activities authorised by the licence or, in the case of an expired licence, any which would have been authorised by it had it not expired, and

(b) any precautions or works required by the licence to be taken or carried out in connection with or in consequence of those activities or, in the case of an expired licence, any which would have been so required had the licence not expired.

(11) In this section--

"the 1974 Act" means the Control of Pollution Act 1974;

"the 1990 Act" means the Environmental Protection Act 1990;

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

Madam Speaker:

With this we may discuss Government amendments Nos. 3 to 5.

Question put and agreed to.

Clause read a Second Time, and added to the Bill.

I beg to move amendment No. 1, in page 7, line 41, after 'information', insert '--

(i)'.

Question put, That the amendment be made:--

The House divided: Ayes 335, Noes 132.

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