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(1)Subject to section 3 below, the Secretary of State may by regulations make provision for the registration of persons with [F1disposal authorities][F1regulation authorities]as carriers of controlled waste and, for that purpose, for the establishment and maintenance by such authorities, in accordance with the regulations, of such registers as may be prescribed.
(2)Regulations under this section may—
(a)make provision with respect to applications for registration;
(b)impose requirements with respect to the manner in which [F1disposal authorities][F1regulation authorities]maintain registers of carriers of controlled waste;
(c)provide for the issue of a certificate of registration free of charge to a registered carrier of controlled waste both on his registration and on the making of any alteration of any entry relating to him in a register of such carriers;
(d)provide for such a certificate to be in such form and to contain such information as may be prescribed;
(e)provide that the provision by a [F1disposal authority][F1regulation authority]to a registered carrier of such copies of a certificate of registration as are provided in addition to the certificate provided free of charge in pursuance of provision made by virtue of paragraph (c) above is to be made subject to the payment of a charge imposed under the regulations.
(3)Provision contained in any regulations under this section by virtue of subsection (2)(a) above may, in particular, include provision which—
(a)prescribes the manner of determining the [F1disposal authority][F1regulation authority]to which an application is to be made;
(b)prescribes the form on which and other manner in which an application is to be made;
(c)prescribes the period within which an application for the renewal of any registration which is due to expire is to be made;
(d)imposes requirements with respect to the information which is to be provided by an applicant to the authority to which his application is made;
(e)requires [F1disposal authorities][F1regulation authorities]to impose charges in respect of their consideration of applications.
[F2(3A)Without prejudice to the generality of paragraphs (b) and (d) of subsection (3) above—
(a)the power to prescribe a form under paragraph (b) of that subsection includes power to require an application to be made on any form of any description supplied for the purpose by the regulation authority to which the application is to be made; and
(b)the power to impose requirements with respect to information under paragraph (d) of that subsection includes power to make provision requiring an application to be accompanied by such information as may reasonably be required by the regulation authority to which it is to be made.]
(4)Provision contained in any regulations under this section by virtue of subsection (2)(b) above may, in particular, include provision—
(a)specifying or describing the information to be incorporated in any register maintained by a [F1disposal authority][F1regulation authority]in pursuance of any such regulations;
(b)requiring a registered carrier of controlled waste to notify a [F1disposal authority][F1regulation authority]which maintains such a register of any change of circumstances affecting information contained in the entry relating to that carrier in that register;
(c)requiring a [F1disposal authority][F1regulation authority], to such extent and in such manner as may be prescribed, to make the contents of any such register available for public inspection free of charge; and
(d)requiring such an authority, on payment of such charges as may be imposed under the regulations, to provide such copies of the contents of any such register to any person applying for a copy as may be prescribed.
(5)Subsections (2) to (4) above are without prejudice to the generality of subsection (1) above.
Textual Amendments
F1Words in s. 2(1), (2)(b)(e), (3)(a)(e), (4)(a)(b)(c) substituted (31.5.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 31(2), S.I. 1991/1319, art. 2
F2S. 2(3A) added (1.2.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 37(2)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/186, art. 2
Commencement Information
I1S. 2 wholly in force at 16.07.1991 see s. 11(2) and S.I. 1991/1618, art. 2(a).