Part 7: Nutrient Pollution Standards 96D Exempt sewage disposal works
Subsection (1) sets out when a plant is exempt in relation to a nutrient pollution standard: that is, if it has a capacity of less than a 2000 population equivalent at the time when the associated catchment area is designated; if it is designated as exempt by the Secretary of State under subsection (2); or if it is exempt under regulations made under subsection (8).
	Subsection (2) allows the Secretary of State to designate a plant as not being exempt in relation to a nutrient pollution standard. If a plant has a capacity of less than a population equivalent of 250, the Secretary of State must exercise the power to designate it as not exempt before, or at the same time as, the designation of the associated catchment area takes effect.
	Subsection (3) sets out the process for designating plants as exempt and not exempt.
	Subsection (4) requires that, where a plant is designated as not being exempt after the designation of the associated catchment area takes effect, the upgrade date must be specified (see section 96E). The upgrade date must be at least 7 years after the designation under subsection (2) takes effect.
	Subsection (5) sets out that a designation under subsection (2) may specify the nutrient pollution standard that applies to a plant, instead of the standard concentration.
	Subsection (6) requires that before specifying a different nutrient pollution standard that applies to a plant, the Secretary of State must consult the Environment Agency.
	Subsection (7) specifies that the different nutrient pollution standard, set in subsection (5) ceases to have effect if the plant again becomes an exempt plant.
	Subsection (8) allows the Secretary of State to make regulations to specify plants or descriptions of plant that are to be exempt in relation to a nutrient pollution standard.
	Subsection (9) explains that subsections (10) and (11) apply where a plant that is exempt under regulations under subsection (8) can, by virtue of the regulations, cease to be exempt.
	Subsection (10) requires the regulations to specify or provide for determining the upgrade date in relation to any plant that ceases to be an exempt plant in relation to a standard after the designation of the associated catchment area takes effect. The upgrade date must be at least 7 years after the plant ceases to be exempt in relation to the standard.
	Subsection (11) specifies that the regulations may provide for the Secretary of State to specify the concentration that applies to a plant that ceases, by virtue of regulations, to be an exempt plant in relation to a nutrient pollution standard instead of the standard concentration. In this instance, the regulations must require that the Secretary of State consults the Environment Agency before specifying a concentration and provide for any specified concentration to cease to have effect if the plant again becomes an exempt plant.
	Subsection (12) makes a designation of a plant as not exempt under subsection (2) to be of no effect if the plant ceases, by virtue of regulations under subsection (8), to be exempt in relation to the standard before, or at the same time as, the designation would otherwise take effect.
	Subsection (13) defines the term "population equivalent" as the meaning given by regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/2841).
	Subsection (14) clarifies that a reference to the designation of an associated catchment in this section is to its designation as a sensitive catchment area.