The upgrade date, in relation to a nutrient significant plant, is, unless subsection (2) or (3) applies—
1 April 2030, if the designation of the associated catchment area takes effect during the initial period;
the date specified under section 96C(4)(d), if the designation of the associated catchment area takes effect after the end of the initial period.
But, if the plant becomes a nutrient significant plant after the designation of the associated catchment area takes effect, the upgrade date is—
the date specified under section 96D(4), where it becomes a nutrient significant plant by virtue of a designation under section 96D(2);
the date specified by or determined under provision made by virtue of section 96D(10), where it becomes a nutrient significant plant on ceasing, by virtue of regulations under section 96D(8), to be exempt.
Where the associated catchment area has ceased to be a catchment permitting area and a date has been specified under section 96H(4)(c), that date is the upgrade date.
"The initial period" means the period of 3 months beginning with the date on which the Levelling-up and Regeneration Act 2023 is passed.
References in this section to the designation of an associated catchment area are to its designation as a sensitive catchment area.