Statutory Instruments of the Scottish Parliament

(a) serve notice of its proposed determination on any person who has made a third party representation in respect of the application specifying that they may, within the period of 21 days beginning with the date of service of the notice, notify the Scottish Ministers in writing that they object to SEPA's proposed determination; and

(b) send a copy of the notice served under sub-paragraph (a) to the applicant (or any person who is treated by these Regulations as the applicant in respect of the application).

    (3) SEPA shall not determine the application during the period specified in paragraph (2)(a).

    (4) Any person notifying the Scottish Ministers of their objection under paragraph (2)(a) shall send a copy of that notification to SEPA within the period specified in that paragraph.

    (5) Where the Scottish Ministers have received notification under paragraph (2)(a) and SEPA has received a copy of that notification under paragraph (4), SEPA shall not determine the application to which the notification relates until either–

(a) SEPA has received written notice from the Scottish Ministers confirming that they do not intend to direct SEPA to refer the application to them for their determination under regulation 17(1)(b); or

(b) no such notice has been received from the Scottish Ministers and a period of 63 days beginning with the date of the service of the notice given by SEPA under paragraph (2)(a) has expired.

    (6) In this regulation "third party representation" means a written representation in respect of an application made to SEPA under regulation 13(4).".

(i) after "ending with the", insert "last"; and

(ii) omit "and" where it occurs at the end of that paragraph; and

(b) at the end of sub-paragraph (b) insert–

     " ; and

(c) in excess of 35 days during which it is prohibited from making a determination by virtue of regulation 15A.".

" ; and in this regulation references to "application" or "applications" includes reference to any matter which is treated as an application in accordance with these Regulations."; and

(a) to grant or refuse to grant an application for–


(i) an authorisation to carry on the activity, or any of the activities referred to in the application or the relevant part of the application;

(ii) a variation of the authorisation or part of the application for it made under regulation 21;

(iii) a surrender of the authorisation or part of it,



or to vary or not to vary an authorisation under regulation 20(1), as the case may be; and

(b) where the determination is–



(i) that an authorisation is to be granted under regulation 8 or 9, to grant that authorisation in accordance with that regulation;

(ii) that an authorisation is to be varied under regulation 19, to vary that authorisation in accordance with that regulation and regulation 20 or 21, as the case may be;

(iii) that an authorisation is to be surrendered under regulations 24 and 25, to grant that surrender in accordance with those regulations;

(iv) that an authorisation or a partial surrender of an authorisation is to be granted subject to conditions, to grant that authorisation or partial surrender, specifying the conditions on which that authorisation or partial surrender is to be granted, and, if appropriate, to identify the person responsible for it;

(v) to refuse to grant an application for authorisation, variation or surrender, or not to vary an authorisation under regulation 20(1) to notify the applicant of that refusal or determination not to vary as the case may be, specifying the reasons for that determination.".

(a) to grant; or

(b) not to grant,

     the variation of an authorisation under paragraph (1)."; and

(b) for paragraph (2) substitute–

(a) the variations being made to the authorisation; and

(b) the date on which the variations are to take effect which shall not be less than 3 months from the date on which the notice was served.

    (2A) Where SEPA determines not to grant the variation of an authorisation which it has proposed under paragraph (1) it must give reasons for that determination to the applicant.".

(a) in the case of a partial lifting of the suspension, the extent to which the authorisation remains suspended;

(b) the date on which the lifting of the suspension or partial lifting of the suspension shall take effect; and

(c) the reasons for the lifting or partial lifting of the suspension.

    (6) An authorisation shall have effect (in whole or in part) from the date specified in the notice under paragraph (4).".

" (cc) a person who has been granted the variation of an authorisation on request under regulation 21 but is aggrieved by the removal, addition or amendment of any condition pursuant to that variation;".