The Pollution Prevention and Control Regulations (Northern Ireland) 2003

Prospective

Fit and proper person N.I.

4.—(1) This regulation applies for the purpose of the discharge of any function under these Regulations which requires the chief inspector to determine whether a person is or is not a fit and proper person to carry out a specified waste management activity.

(2) Whether a person is or is not a fit and proper person to carry out a specified waste management activity shall be determined by reference to the fulfilment of the conditions of the permit which apply or will apply to the carrying out of that activity.

(3) Subject to paragraph (4), a person shall be treated as not being a fit and proper person if it appears to the chief inspector that–

(a) he or another relevant person has been convicted of a relevant offence;

(b) the management of the specified waste management activity which is or is to be carried out is not or will not be in the hands of a technically competent person; or

(c) the person who holds or is to hold the permit has not made and either has no intention of making or is in no position to make financial provision adequate to discharge the obligations arising from the permit in relation to the specified waste management activity.

(4) The chief inspector may, if he considers it proper to do so in any particular case, treat a person as a fit and proper person notwithstanding that paragraph (3)(a) applies in his case.

(5) For the purposes of paragraph (3), “relevant offence” means an offence under any of the following enactments–

(a) section 114 of the Public Health (Ireland) Act 1878(1);

(b) section 98(3) or (4) of the Local Government Act (Northern Ireland) 1972(2);

(c) Article 5, 7(4), 16(4), 18(2), 29, 38(4), 56, or 72(3) of the Pollution Control and Local Government (Northern Ireland) Order 1978(3);

(d) the Pollution Control (Special Waste) Regulations (Northern Ireland) 1981(4);

(e) section 9(1) of the Food and Environment Protection Act 1985(5);

(f) the Transfrontier Shipment of Hazardous Waste Regulations 1988(6);

(g) the Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1988(7);

(h) the Transfrontier Shipment of Waste Regulations 1994(8);

(i) paragraph 15(1), (3), (4) or (5) of Schedule 5 to the Finance Act 1996(9);

(j) Article 4, 5(8), 22(6), 38(1), 42, 43(9), 44(2), or 74 of the Waste and Contaminated Land (Northern Ireland) Order 1997(10);

(k) Article 23(1) of the Industrial Pollution Control (Northern Ireland) Order 1997(11);

(l) The Special Waste Regulations (Northern Ireland) 1998(12);

(m) Article 7(1), 9(1), 28(3) or 29 of the Water (Northern Ireland) Order 1999(13);

(n) regulation 33(1) of these Regulations.

(6) In paragraph (3)(a), “another relevant person” means, in relation to the holder or proposed holder of a permit–

(a) any person who has been convicted of a relevant offence committed by him in the course of his employment by the holder or proposed holder of the permit or in the course of the carrying on of any business by a partnership one of the members of which was the holder or proposed holder of the permit;

(b) a body corporate which has been convicted of a relevant offence committed when the holder or proposed holder of the permit was a director, manager, secretary or other similar officer of that body corporate; or

(c) where the holder or proposed holder of the permit is a body corporate, a person who is a director, manager, secretary or other similar officer of that body corporate and who–

(i) has been convicted of a relevant offence; or

(ii) was a director, manager, secretary or other similar officer of another body corporate at a time when a relevant offence of which that other body corporate has been convicted was committed.

Commencement Information

I1 Reg. 4 in operation at 31.3.2003, see reg. 1

(1)

1878 c. 52

(2)

1972 c. 9

(3)

S.I. 1978/1049 (NI 19)

(4)

S.R. 1981 No. 252

(5)

1985 c. 48

(6)

S.I. 1988/1562

(7)

S.I. 1988/2292

(8)

S.I. 1994/1137

(9)

1996 c. 8

(10)

S.I. 1997/2778 (NI 19)

(11)

S.I. 1997/2777 (NI 18)

(12)

S.R. 1998 No. 289

(13)

S.I. 1999/662 (NI 6)