Part 1Waste
Chapter 1Waste sent to landfills
Landfill allowances scheme (Scotland, Wales and Northern Ireland)
5Alteration of allocations under section 4
(1)
An authority that has made an allocation under section 4 may at any time alter the allocation, subject to subsections (2) and (3).
(2)
The power under subsection (1) does not extend to withdrawing an allowance that has already been utilised.
F1(3)
In exercising the power under subsection (1), an authority must ensure that the total amount of waste authorised to be sent to landfills by allowances allocated by it for a year does not cause the amount of biodegradable municipal waste sent to landfills for that year to exceed the amount specified for its area under section 1 or 2.
(4)
As soon as an authority has exercised the power under subsection (1), it must publish a statement—
(a)
detailing the alteration, and
(b)
explaining the basis of it F2including in particular how the authority has complied with the duty in subsection (3).