Clean Neighbourhoods and Environment Act 2005

36 Registration requirements and conditions E+W

(1) Section 2 of the Control of Pollution (Amendment) Act 1989 (c. 14) (power to make regulations about registration of carriers) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (c), omit “free of charge”;

(b) omit paragraph (d);

(c) in paragraph (e), omit “free of charge”.

(3) In subsection (3), omit paragraph (b) (provision as to form of applications).

(4) In subsection (3A)—

(a) for “paragraphs (b) and (d)” substitute “ paragraph (d) ”; and

(b) omit paragraph (a) (further provision as to form of application).

(5) After subsection (4) insert—

“(4A) Regulations under this section may include provision for—

(a) the registration of a person as a carrier of controlled waste to be subject to conditions relating to the vehicles used by him in transporting such waste; or

(b) the revocation by a regulation authority of the registration of a carrier of controlled waste who has breached a condition imposed on him under paragraph (a) above.

(4B) Provision contained in any regulations under this section by virtue of subsection (4A) above may, in particular, include provision—

(a) for inspection by a regulation authority of the vehicles of registered carriers of controlled waste for the purpose of ensuring compliance with conditions imposed under subsection (4A)(a) above;

(b) for a regulation authority to impose charges on registered carriers of controlled waste in respect of such inspections.”

(6) In subsection (5), for “to (4)” substitute “ to (4B) ”.

(7) In section 3 of that Act (restrictions on power under section 2), in subsection (2), after “except” insert “ in accordance with regulations under subsection (4A) of that section or ”.