6Borrowing and banking of landfill allowancesU.K.
(1)An allocating authority may by regulations make provision for a waste disposal authority in its area to utilise for a scheme year landfill allowances allocated to it for a different scheme year.
(2)Regulations under subsection (1) may not provide for—
(a)the utilisation for a target year of allowances not allocated for that year;
(b)the utilisation for a scheme year later than a target year of allowances allocated for a scheme year earlier than that target year;
(c)the utilisation for a scheme year earlier than a target year of allowances allocated for a scheme year later than that target year.
(3)Regulations under subsection (1) may (in particular)—
(a)make provision relating only to allowances allocated for specified scheme years;
(b)make provision for allowances allocated for a scheme year to be utilised for a different scheme year only if—
(i)that different scheme year is a specified scheme year;
(ii)specified conditions are satisfied;
(c)make provision for quantitative limits on inter-year utilisation of allowances;
(d)make provision authorising the allocating authority to suspend inter-year utilisation of allowances—
(i)whether indefinitely or for a fixed period, and
(ii)whether generally or to a limited extent;
(e)make provision for a person to carry out, in relation to inter-year utilisation of allowances, all or any of the functions of registrar and overseer;
(f)make provision imposing, or enabling the imposition of, requirements on waste disposal authorities to provide information in relation to their inter-year utilisation of allowances;
(g)make provision for an authority to be liable to a penalty if it fails to comply with a requirement imposed on it by or under provision of the kind mentioned in paragraph (f);
(h)make provision generally in connection with the administration or regulation of inter-year utilisation of allowances;
(i)make provision for the levying of fees and charges on persons engaged in inter-year utilisation of allowances;
(j)make provision creating offences for breaches of provisions of regulations under subsection (1).
(4)In subsection (3) “specified” means specified by, or determined in accordance with, regulations under subsection (1).