Control of Industrial Air Pollution (Registration of Works) Regulations 1989

JurisdictionUK Non-devolved
CitationSI 1989/318
Year1989

1989No. 318

HEALTH AND SAFETY

The Control of Industrial Air Pollution (Registration of

Works) Regulations 1989

2ndMarch1989

9thMarch1989

31stMarch1989

The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, and the Secretary of State for Scotland, as respects Scotland, in exercise of their powers under sections 9(2) and (5) and 27(1)( ( a)) of the Alkali, Etc. Works Regulation Act 1906 ( ( b)) and now vested in them( ( c) , under sections 1(1)(b) and (d), 15(1), 3(a), 4(a), 5(a), 53(1)( ( a) and 82(3) of the Health and Safety at Work etc. Act 1974( ( d) , and of all other powers enabling them in that behalf, and after consulting, in accordance with section 50(1): of the 1974 Act( ( e) , the Health and Safety Commission and such other bodies as it appeared to them to be appropriate to consult, hereby make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Control of Industrial Air Pollution (Registration of Works) Regulations 1989 and shall come into force on 31st March 1989.

Interpretation

2. In these Regulations-

"certificate of registration" means a certificate of registration in respect of a work issued in accordance with section 9 of the 1906 Act;

"Companies Acts" has the same meaning as in section 744 of the Companies Act 1985( ( f));

"exempt alteration" means an alteration to a work which, in the opinion of the chief inspector, is not a substantial alteration;

"notify" means notify in writing;

(a) See the definition of "prescribed" .

(b) 1906 c.14, as amended by A.I. 1987/180.

(c) S.I. 1970/681.

(d) 1974 c.37; section 15(1) was substituted by the Employment Protection Act 1975 (c.71), Schedule 15, paragraph 6.

(e) Section 50(1) was substituted by the Employment Protection Act 1975, Schedule 15, paragraph 16(1).

(f) 1985 c.6

"register" means the register referred to in section 9 of the 1906 Act;

"relevant local authority" means the district council (or, in Scotland, the district or islands council) in whose area the premises on which the work is carried on are situated;

"the 1906 Act" means the Alkali, etc. Works Regulation Act 1906;

"the 1974 Act" means the Health and Safety at Work etc. Act 1974;

"the 1933 Order" means the Alkali, etc. Works Regulation Order (Scotland), 1933( ( a) ;

"the 1957 Order" means the Alkali, etc. Works (Registration) Order 1957( ( b) .

Applications for registration

3. Subject to regulation 12, an application for a certificate of registration shall be made to the Secretary of State by the owner of the work in accordnace with these Regulations, and shall contain the following particulars-

(a) the name and address of the owner of the work or, if the owner is a limited company registered under the Companies Acts, the name, registered number and registered office of the company(b) the name, if any, and the address of the premises where the work is or will be carried on;(c) the identification, by means of a map or plan or otherwisem of those parts of the premises where the work is or will be carried on;(d) the name of the relevant local authority;(e) the date on which the application is made;(f) a full description of the nature of the work carried on or proposed to be carried on;(g) a description of the source, nature and amount of any noxious or offensive substance that may be emitted into the atmosphere as a result of carrying on the work;(h) a description of the means proposed to enable the work to be carried on in accordance with such requirements of the 1906 Act and Part I of the 1974 Act as apply to the work;(i) a description of the provision it is proposed to make for determining the nature and amount of any noxious or offensive substance emitted into the atmosphere.

(a) S.R. & O. 1933/878.

(b) S.I. 1957/2208, as amended by S.I. 1978/180.

Notice of application

4. Not less than 14 days after the date on which the application has been received by the Secretary of State, the applicant shall publish, in at least one newspaper circulating in the locality of the work in each of two successive weeks a notice containing the following particulars-

(a) the name of the owner of the work;(b) the name, if any, and the address of the premises where the work is or will be carried on;(c) a brief description of the nature of the work for which registration is sought;(d) the addresses of the places where, and a statement of the times when, the application may be inspected;(e) a statement to the effect that written representations concerning the application may be made to the Secretary of State, and that those received by him within 21 days of the first publication of the notice will be taken into consideration in deciding the application;(f) the address to which such representations should be made;(g) the date on which the notice was first published.

Timing and withdrawal of applications

5.-(1) The applicant shall ensure that the Secretary of State receives a copy of the notice referred to in regulation 4, together with a...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT