Section 110B(2)

A direction under this regulation may be made in relation to a plant and a standard only if the Secretary of State is satisfied— where the plant is a non-catchment permitting area plant, that the plant will not be able to meet the standard by the upgrade date; where the plant is a catchment permitting area plant— that the plant will not be able to meet the standard by the applicable date, or that the first effect described in paragraph (4) will, on the applicable date, be more significant than the second effect described in that paragraph.

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