Schedule 23, Part I, paragraph 18(7)

For subsections (8) and (9) there shall be substituted— Subject to subsection (9) below, a resolution continued in force by paragraph 18 of Schedule 23 to the Environment Act 1995 may be varied or rescinded by SEPA by a resolution passed by it. Before passing a resolution under subsection (8) above varying a resolution, SEPA shall— prepare a statement of the variation which it proposes to make; refer that statement to the Health and Safety Executive and to the waste disposal authority in whose area the site is situated or, as the case may be, which is operating the plant; and consider any representations about the variation which the Health and Safety Executive or the waste disposal authority makes to it during the allowed period. The period allowed to the Health and Safety Executive and the waste disposal authority for the making of representations under subsection (9)(c) above is the period of 28 days beginning with that on which the statement is received by that body, or such longer period as SEPA and that body agree in writing. SEPA may— postpone the reference under subsection (9)(b) above so far as it considers that by reason of an emergency it is appropriate to do so; disregard the Health and Safety Executive in relation to a resolution which in SEPA’s opinion will not affect the Health and Safety Executive.

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Source: legislation.gov.uk · retrieved 2026-07-30