Control of Pollution (Amendment) Act 1989

Prospective

4 Appeals against refusal of registration etc. E+W+S

(1) Where a person has applied to a [F1 disposal authority][F1 regulation authority]to be registered in accordance with any regulations under section 2 above, he may appeal to the Secretary of State if—

(a) his application is refused; or

(b) the relevant period from the making of the application has expired without his having been registered;

and for the purposes of this subsection the relevant period is two months or, except in the case of an application for the renewal of his registration by a person who is already registered, such longer period as may be agreed between the applicant and the disposal authority in question.

(2) A person whose registration as a carrier of controlled waste has been revoked may appeal against the revocation to the Secretary of State.

(3) On an appeal under this section the Secretary of State may, as he thinks fit, either dismiss the appeal or give the [F1 disposal authority][F1 regulation authority]in question a direction to register the appellant or, as the case may be, to cancel the revocation.

(4) Where on an appeal made by virtue of subsection (1)(b) above the Secretary of State dismisses an appeal, he shall direct the [F1 disposal authority][F1 regulation authority]in question not to register the appellant.

(5) It shall be the duty of a [F1 disposal authority][F1 regulation authority]to comply with any direction under this section.

(6) The Secretary of State may by regulations make provision as to the manner in which and time within which an appeal under this section is to be made and as to the procedure to be followed on any such appeal.

(7) Where an appeal under this section is made in accordance with regulations under this section—

(a) by a person whose appeal is in respect of such an application for the renewal of his registration as was made, in accordance with regulations under section 2 above, at a time when he was already registered; or

(b) by a person whose registration has been revoked,

that registration shall continue in force, notwithstanding the expiry of the prescribed period or the revocation, until the appeal is disposed of.

(8) For the purposes of subsection (7) above an appeal is disposed of when any of the following occurs, that is to say—

(a) the appeal is withdrawn;

(b) the appellant is notified by the Secretary of State or the [F1 disposal authority][F1 regulation authority]in question that his appeal has been dismissed; or

(c) the [F1 disposal authority][F1 regulation authority]comply with any direction of the Secretary of State to renew the appellant’s registration or to cancel the revocation.

Subordinate Legislation Made

P1 S. 4: ss. 1(3)(a), 2, 4(6), 5(3)(6)(a) and 6(1)(c) (with ss. 3, 6(5) to (7), 8(2) and 9(1)) power exercised by S.I.1991/1624.

Textual Amendments

F1 Words in S. 4(1)(3)(4)(5)(8)(b)(c) substituted (31.5.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 31(2), S.I. 1991/1319, art. 2

Commencement Information

I1 S. 4 wholly in force; s. 4(6) in force at 16.07.1991 see s. 11(2) and S.I. 1991/1618, art. 2(a); and s. 4 fully in force at 14.10.1991 by S.I. 1991/1618, art. 3.

4 Appeals against refusal of registration etc. E+W+S

(1) Where a person has applied to a [F2 disposal authority][F2 regulation authority]to be registered in accordance with any regulations under section 2 above, he may appeal to the Secretary of State if—

(a) his application is refused; or

(b) the relevant period from the making of the application has expired without his having been registered;

and for the purposes of this subsection the relevant period is two months or, except in the case of an application for the renewal of his registration by a person who is already registered, such longer period as may be agreed between the applicant and the disposal authority in question.

(2) A person whose registration as a carrier of controlled waste has been revoked may appeal against the revocation to the Secretary of State.

(3) On an appeal under this section the Secretary of State may, as he thinks fit, either dismiss the appeal or give the [F2 disposal authority][F2 regulation authority]in question a direction to register the appellant or, as the case may be, to cancel the revocation.

(4) Where on an appeal made by virtue of subsection (1)(b) above the Secretary of State dismisses an appeal, he shall direct the [F2 disposal authority][F2 regulation authority]in question not to register the appellant.

(5) It shall be the duty of a [F2 disposal authority][F2 regulation authority]to comply with any direction under this section.

(6) The Secretary of State may by regulations make provision as to the manner in which and time within which an appeal under this section is to be made and as to the procedure to be followed on any such appeal.

(7) Where an appeal under this section is made in accordance with regulations under this section—

(a) by a person whose appeal is in respect of such an application for the renewal of his registration as was made, in accordance with regulations under section 2 above, at a time when he was already registered; or

(b) by a person whose registration has been revoked,

that registration shall continue in force, notwithstanding the expiry of the prescribed period or the revocation, until the appeal is disposed of.

(8) For the purposes of subsection (7) above an appeal is disposed of when any of the following occurs, that is to say—

(a) the appeal is withdrawn;

(b) the appellant is notified by the Secretary of State or the [F2 disposal authority][F2 regulation authority]in question that his appeal has been dismissed; or

(c) the [F2 disposal authority][F2 regulation authority]comply with any direction of the Secretary of State to renew the appellant’s registration or to cancel the revocation.

Textual Amendments

F2 Words in S. 4(1)(3)(4)(5)(8)(b)(c) substituted (31.5.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 31(2), S.I. 1991/1319, art. 2

Commencement Information

I2 S. 4 wholly in force; s. 4(6) in force at 16.07.1991 see s. 11(2) and S.I. 1991/1618, art. 2(a); and s. 4 fully in force at 14.10.1991 by S.I. 1991/1618, art 3.