Refusal of applications5

1

Subject to Article 40(6) of the 1997 Order, the Department may refuse an application for registration or for the renewal of a registration if, and only if—

a

there has, in relation to that application, been a contravention of any of the requirements of regulation 4; or

b

the applicant or another relevant person has been convicted of a prescribed offence and in the opinion of the Department, it is undesirable for the applicant to be authorised to transport controlled waste.

2

Where the Department decides to refuse an application for registration or for the renewal of a registration, it shall give notice to the applicant informing him that his application is refused and of the reasons for its decision.

3

If an appeal is made under Article 41(1) of the 1997 Order in accordance with these Regulations, the Department shall, as soon as reasonably practicable, make appropriate entries in its register indicating when the appeal was made and the result of the appeal.

4

If no appeal is made under Article 41(1) of the 1997 Order, the Department shall, as soon as reasonably practicable, make an appropriate entry in its register indicating that the application has been refused and that no appeal has been made.

5

The Department may remove an entry made under paragraph (3) or (4) at any time more than 6 years after the application in question was made.