Modifications etc. (not altering text)
C1Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))
Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)
Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C2Pt. 2 modified (S.) (27.3.2011) by The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 1(1), sch. 4 para. 11 (with regs. 31-33)
C3Pt. 2 modified (E.W.) (6.4.2012) by The Controlled Waste (England and Wales) Regulations 2012 (S.I. 2012/811), regs. 1(3), 5
Commencement Information
I1Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2
Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.
Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)
[F1(1)Subject to sections 65 and 66 below, it shall be the duty of each waste regulation authority to maintain a register containing prescribed particulars of or relating to—
(a)current or recently current licences (“licences”) granted by the authority;
(b)current or recently current applications to the authority for licences;
(c)applications made to the authority under section 37 above for the modification of licences;
(d)notices issued by the authority under section 37 above effecting the modification of licences;
(e)notices issued by the authority under section 38 above effecting the revocation or suspension of licences or imposing requirements on the holders of licences;
(f)appeals under section 43 above relating to decisions of the authority;
(g)certificates of completion issued by the authority under section 39(9) above;
(h)notices issued by the authority imposing requirements on the holders of licences under section 42(5) above;
(i)convictions of the holders of licences granted by the authority for any offence under this Part (whether in relation to a licence so granted or not);
(j)the occasions on which the authority has discharged any function under section 42 or 61 above;
(k)directions given to the authority under any provision of this Part by the Secretary of State;
F2(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m)such matters relating to the treatment, keeping or disposal of waste in the area of the authority or any pollution of the environment caused thereby as may be prescribed;
and any other document or information required to be kept in the register under any provision of this Act.
(2)Where information of any description is excluded from any register by virtue of section 66 below, a statement shall be entered in the register indicating the existence of information of that description.
[F3(2A)The Secretary of State may give to a waste regulation authority directions requiring the removal from any register of its of any specified information not prescribed for inclusion under subsection (1) above or which, by virtue of section 65 or 66 below, ought to be excluded from the register.]
(3)For the purposes of subsection (1) above licences are “recently” current for the period of twelve months after they cease to be in force and applications for licences are “recently” current if they relate to a licence which is current or recently current or, in the case of an application which is rejected, for the period of twelve months beginning with the date on which the waste regulation authority gives notice of rejection or, as the case may be, on which the application is deemed by section 36(9) above to have been rejected.
(4)It shall be the duty of each waste collection authority in England [F4or Wales]. . . to maintain a register containing prescribed particulars of such information contained in any register maintained under subsection (1) above as relates to the treatment, keeping or disposal of controlled waste in the area of the authority.
[F5(5)The waste regulation authority in relation to England and Wales shall furnish any waste collection authorities in its area with the particulars necessary to enable them to discharge their duty under subsection (4) above.]
(6)Each waste regulation authority and waste collection authority
[F6(a)]shall secure that any register maintained under this section is open to inspection F7. . . by members of the public free of charge at all reasonable hours and
[F6(b)]shall afford to members of the public reasonable facilities for obtaining, on payment of reasonable charges, copies of entries in the register
[F6and, for the purposes of this subsection, places may be prescribed by the Secretary of State at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question.]
(7)Registers under this section may be kept in any form.
(8)In this section “prescribed” means prescribed in regulations by the Secretary of State.]
Textual Amendments
F1S. 64 repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), regs. 73, 74(2), Sch. 21 para. 17, Sch. 23 (with reg. 72, Sch. 4).
F2S. 64(1)(l) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3
F3S. 64(2A) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 82(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3
F4Words in s. 64(4) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 82(3)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3
F5S. 64(5) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 82(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3
F6Words in s. 64(6) inserted (21.9.1995 for limited purposes, 1.4.1996 for all other purposes) by 1995 c. 25, s. 120(1), Sch. 22 para. 82(5)(a)(b)(c) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3
F7Words in s. 64(6)(a) omitted (1.4.1996) by virtue of S.I. 1996/593, reg. 3, Sch. 2 para.6
Commencement Information
I2S. 64 wholly in force at 1.5.1994; s. 64 not in force at Royal Assent, see s. 164(3); s. 64(1)(4)(8) in force at 18.2.1993 by S.I. 1993/274, art. 2(1); s. 64 in force in so far as not already in force at 1.5.1994 by S.I. 1994/1096, art. 2(1)