Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1624 |
| Year | 1991 |
1991 No. 1624
ENVIRONMENTAL PROTECTION
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
Made 17th July 1991
Laid before Parliament 22th July 1991
Coming into force 14th October 1991
The Secretary of State for the Enviroment 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 the powers conferred on them by sections 1(3)(a), 2, 3, 4(6), 5(3) and 6(a), 6(1)(c) and (5) to (7), 8(2) and 9(1) of the Control of Pollution (Amendment) Act 19891and of all other powers enabling them in that behalf, hereby make the following regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Controlled Waste (Registration of Carriers and Seizures of Vehicles) Regulations 1991 and shall come into force on 14th October 1991.
(2) In these regulations—
“the 1989 Act” means the Control of Pollution (Amendment) Act 1989;
“another relevant person” has the meaning given by section 3(5) of the 1989 Act;
“date of expiry” means, in relation to a carrier’s registration, the date on which the period of three years mentioned in regulation 11(2) expires;
“disposed of”, in relation to an appeal, has the meaning given by section 4(8) of the 1989 Act;
“notice” means notice in writing;
“prescribed offence” means an offence under an enactment listed in Schedule 1;
“relevant period” has the meaning given by section 4(1) of the 1989 Act.
(3) For the purposes of these Regulations, an application for registration or for the renewal of a registration as a carrier of controlled waste shall be treated as pending—
(a)
(a) whilst it is being considered by the regulation authority; or
(b)
(b) if it has been refused or the relevant period from the making of the application has expired without the applicant having been registered, whilst either—
(i) the period for appealing in relation to that application has not expired; or
(ii) the application is the subject of an appeal which has not been disposed of.
Exemption from registration
2.—(1) The following persons shall not be required for the purposes of section1 of the 1989 Act to be registered carriers of controlled waste—
(a)
(a) an authority which is a waste collection authority, waste disposal authority or waste regulation authority for the purposes of Part II of the Enviromental Protection Act 19902;
(b)
(b) the producer of the controlled waste in question except where it is building or demolition waste;
(c)
(c) the British Railways Board in relation to carriage by rail;
(d)
(d) a ferry operator in relation to the carriage on the ferry of any vehicle carrying controlled waste;
(e)
(e) the operator of a vessel, aircraft, hovercraft, floating container or vehicle in relation to its use, after it has been loaded with waste in circumstances in which a licence under Part II of the Food and Enviroment Protection Act 19853is needed or would be needed but for an order under section 7 of that Act for transporting the waste in order to carry out any operation mentioned in section 5 or 6 of that Act;
(f)
(f) a charity;
(g)
(g) a voluntary organisation within the meaning of section 48(11) of the Local Government Act 19854or sectio 83(2D) of the Local Government (Scotland) Act 19735;
(h)
(h) a person who before 1st April 1992 applies in accordance with these Regulations for registration as a carrier of controlled waste but only whilst his application is pending.
(2) In this regulation—
“building or demolition waste” means waste asrising from works of construction or demolition, including waste arising from work preparatory thereto;
“vessel” has the same meaning as in section 742 of the Merchant Shipping Act 18946.
Registers
3.—(1) It shall be the duty of each regulation authority to establish and maintain a register of carriers of controlled waste and—
(a)
(a) to secure that the register is open for inspection at their principal office by members of the public free of charge at all reasonable hours; and
(b)
(b) to afford to members of the public reasonable facilities for obtaining copies of entries in the register on payment of reasonable charges.
(2) A register under this regulation may be kept in any form but shall be indexed and arranged so that members of the public can readily trace information contained in it.
Applications for registration
4.—(1) An application for registration or for the renewal of a registration as a carrier of controlled waste shall be made to the regulation authority for the area in which the applicant has or proposes to have his principal place of business in Great Britain; but if the applicant does not have or propose to have a place of business inGreat Britain, the applicant may apply to any regulation authority.
(2) Subject to paragraphs (3) to (5), a person shall not make an application for registration or for the renewal of a registration whilst—
(a)
(a) a previous application of his is pending; or
(b)
(b) he is registered.
(3) Paragraph (2) shall not prevent a person from applying for the renewal of a registration where his application his made within the period of six months mentioned in regulation 11(4).
(4) An application for registration or for the renewal of a registration in respect of a business which is or is to be carried on by a partnership shall be made by all of the partners or prospective partners.
(5) A prospective partner in a business carried on by a a partnership whose members are already registered may make an application for registration as a partner in that business to the regulation authority with whom the business is registered.
(6) An application for registration shall be made on a form corresponding to the form in Part I of Schedule 2, or on a form substantially to the like effect, and shall contain the information required by that form.
(7) An application for the renewal of a registration shall be made on aform corresponding to the form in Part II of Schedule 2, or on a form substantially to the like effect, and shall contain the information required by that form.
(8) A regulation authority shall provide a copy of the appropriate application form free of charge to any person requesting one.
(9) A regulation authority shall charge an applicant in respect of their consideration of his application—
(a)
(a) in the case of an application for registration, £95;
(b)
(b) in the case of an application for the renewal of a registration, £65,
and the applicant shall pay the charge when he makes the application.
(10) A regulation authority shall, on receipt of an application for registration or for the renewal of a registration, ensure that the register contains a copy of the application.
(11) A regulation authority may remove from their register a copy of an application included under paragraph (10) at any time more than six years after the application was made.
Refusal of applications
5.—(1) Subject to section 3(6) of the 1989 Act, a regulation authority may refuse an application for regiostration or for the renewal of a registration if, and only if—
(a)
(a) there has, in relation to that application, been a contravention of any of the requirements of regulation 4; or
(b)
(b) the applicant or another relevant person has been convicted of a prescribed offence and, in the opinion of the authority, it is undesireable for the applicant to be authorised to transport controlled waste.
(2) Where a regulation authority decide to refuse an application for registration, the authority shall give notice to the applicant informing him that his application is refused and of the reasons for their decision.
(3) If an appeal is made under section 4(1) of the 1989 Act in accordance with these Regulations, the regulation authority shall, as soon as reasonably practicable, make appropriate entries in their register indicating when the appeal was made and the result of the appeal.
(4) If no such appeal is made, the regulation authority shall, as soon as reasonably practicable make an appropriate entry in their register indicating that the application has not been accepted and that no appeal has been made.
(5) A regulation authority may remove an entry made under paragraph (3) or (4) at any time more than six years after the application in question was made.
Registration as a carrier
6.—(1) On accepting a person’s application for registration or on being directed under section 4(3) of the 1989 Act to register a person following an appeal in respect of such an application, the regulation authority shall make an entry in their register—
(a)
(a) showing that person as a registered carrier of controlled waste and allocating him a registration number (which may include any letter);
(b)
(b) specifying the date on which the registration takes place and its date of expiry;
(c)
(c) stating any business name of his and the address of his principal place of business (together with any telephone, telex or fax number of his) and, in the case of an individual, his date of birth;
(d)
(d) in the case of a body corporate, listing the names of each director, manager, secretary or other similar officer of that body and their respective dates of birth;
(e)
(e) in the case of a company registered under the Companies Acts, specifying its registered number and, in the case of a company incorporated outside Great Britain, the country in which it was incorporated;
(f)
(f) in the case where the person who is registered or another relevant person has been convicted of a prescribed offence, giving the person’s name, details of the offence, the date of conviction, the penalty imposed, the name of the Court and, in the case of an individual, his date of birth; and
(g)
(g) in the case where the person who is registered or any company in the same group of...
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