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The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013

The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 reg 33

reg 33 Appeals

(1) This regulation applies to a decision (“a relevant decision”) made by the Secretary of State which is contained in a notice made under— (a) regulation 8(1) (granting and refusal of applications for permits of large combustion installations ); (aa) regulation 8A (granting and refusal of applications for permits for medium combustion plant); (b) regulation 12(4) (variation of operation of large combustion installations ); (ba) regulation 12B(3) (variation of operation of medium combustion plant); (c) regulation 14(6) (variation of conditions in large combustion installation permits following a review except further to regulation 13(2)(c)); (d) regulation 15(8) (variation of conditions in permits following a review further to regulation 13(2)(c)); (e) regulation 16(2) (revocation); (f) regulation 17(3) (surrenders); (g) regulation 18(2) (assignments). (2) A person with a sufficient interest may appeal to the court against a relevant decision but must do so within 28 days of the date of the notice. (3) A relevant decision remains in force until the court orders otherwise. (4) In paragraph (2), “ the court ” means in respect of an offshore combustion installation situated in— (a) the English area, the High Court; (b) the Northern Ireland area, the High Court in Northern Ireland; (c) the Scottish area, the Court of Session. (5) Where an offshore combustion installation is situated in more than one of the areas listed in paragraph (4), any of the courts which has jurisdiction for that area under paragraph (4) is “ the court ” for the purposes of paragraph (2). (6) In this regulation “ the English area ”, “ the Northern Ireland area ” and “ the Scottish area ” have the same meaning as in the Civil Jurisdiction (Offshore Activities) Order 1987 .

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