Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999

Duration of registration

11.—(1) This regulation is subject to—

(a) Article 40(2) of the 1997 Order (which ensures that a registration ceases to have effect if the registered carrier gives written notice requiring the removal of his name from the register); and

(b) Article 41(8) and (9) of the 1997 Order (which extend the period during which the registration has effect where an appeal under that Article is made).

(2) Subject to paragraphs (4) to (6), a person’s registration as a carrier of controlled waste shall cease to have effect on the expiry of the period of 3 years beginning with and including the date of the registration or, if it has been renewed, beginning with and including the date on which it was renewed or, as the case may be, last renewed.

(3) The Department shall, no later than 6 months before the expiry of the period of 3 years mentioned in paragraph (2), serve on a registered person—

(a) a notice informing him of the date on which that period expires and of the effect of paragraph (4); and

(b) an application form for the renewal of his registration and a copy of his current entry in the register.

(4) Where an application for the renewal of a registration is made within the last 6 months of the period of 3 years mentioned in paragraph (2), the registration shall, notwithstanding the expiry of that period, continue in force—

(a) until the application is withdrawn or accepted; or

(b) if the Department refuses the application or the relevant period from the making of the application has expired without the applicant having been registered, until—

(i) the expiry of the period for appealing; or

(ii) where the applicant indicates within that period that he does not intend to make or continue with an appeal, the date on which such an indication is given.

(5) Where the Department revokes a person’s registration, the registration shall, notwithstanding the revocation, continue in force until—

(a) the expiry of the period for appealing against the revocation; or

(b) where that person indicates within that period that he does not intend to make or continue with an appeal, the date on which such an indication is given.

(6) A registration in respect of a business which is carried on by a partnership shall cease to have effect if any of the partners cease to be registered or if any person who is not registered becomes a partner.

(7) The duration of a registration in respect of a business which is carried on by a partnership shall not be affected if a person ceases to be a partner or if a prospective partner is registered under regulation 8(2) in relation to the partnership.

(8) Where the Department accepts an application for the renewal of a registration within the period of 3 years mentioned in paragraph (2), the renewal shall for the purposes of these Regulations take effect at the expiry of that period.