3Non-target years: default rulesU.K.
(1)If—
(a)for England, Scotland, Wales or Northern Ireland no amount is specified under subsection (1) of section 2 for a year to which that subsection applies, and
(b)the year is followed (whether or not immediately) by a target year,
the following sections of this Chapter shall have effect as if for that year (“the default-rule year”) there had been specified under section 2(1) for that area the amount given by the formula set out in subsection (2).
(2)The formula is—
(3)The formula shall be applied in accordance with subsection (4) if there is no scheme year falling between—
(a)the last target year before the default-rule year, and
(b)the default-rule year,
for which an amount has been specified under section 2(1) for the area; otherwise the formula shall be applied in accordance with subsection (5).
(4)Where the formula is to be applied in accordance with this subsection—
L is the amount specified under section 1 for the area for the year that is the last target year before the default-rule year,
N is the amount specified under section 1 for the area for the year that is the first target year after the default-rule year,
G is the number (if any) of scheme years falling between those target years,and
B is the number (if any) of scheme years falling between—
(a) the earlier of those target years,and
(b) the default-rule year.
(5)Where the formula is to be applied in accordance with this subsection—
L is the amount specified under section 2(1) for the area for the year that is the last scheme year before the default-rule year for which an amount has been specified for the area under section 2(1) (“the last fixed year”),
N is the amount specified under section 1 for the area for the year that is the first target year after the default-rule year,
G is the number (if any) of scheme years falling between the last fixed year and that target year, and
B is the number (if any) of scheme years falling between the last fixed year and the default-rule year.
(6)For the purposes of subsections (3) and (4), the year ending with 16th July in 2004 shall be taken to be a target year for which the amount specified under section 1 for England, Scotland, Wales or Northern Ireland is such amount as may be specified in regulations made by the Secretary of State.
(7)The Secretary of State shall secure that an amount specified under subsection (6) is, or is a fair estimate of, the amount of biodegradable municipal waste sent to landfills from the area concerned in the year ending with 31st March 2001.
(8)Before making regulations under subsection (6), the Secretary of State shall consult the Scottish Ministers, the National Assembly for Wales and the Department of the Environment.
(9)Subsection (8) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section.
Commencement Information
I1S. 3 in force at 3.12.2004 by S.I. 2004/3192, art. 2