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Regulatory Reform (Scotland) Act 2014

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Authorisations relating to waste management: offences by partnerships

47Carriers of controlled waste: offences by partnerships affecting registration

In section 3(5) of the Control of Pollution (Amendment) Act 1989 (restrictions on powers under section 2)—

(a)after paragraph (a), insert—

(aa)a partnership has been convicted of a prescribed offence committed at a time when the applicant or registered carrier was a member of that partnership;,

(b)the word “or” immediately following paragraph (b) is repealed,

(c)after paragraph (b), insert—

(ba)where the applicant or registered carrier is a partnership, a person who is a member of that partnership—

(i)has been convicted of a prescribed offence;

(ii)was a member of another partnership at a time when a prescribed offence of which that other partnership has been convicted was committed; or

(iii)was a director, manager, secretary, or other similar officer of a body corporate at a time when a prescribed offence of which that body corporate has been convicted was committed; or,

(d)in paragraph (c)—

(i)the word “or” immediately following sub-paragraph (i) is repealed,

(ii)after sub-paragraph (i), insert—

(ia)was a member of a partnership at a time when a prescribed offence of which that partnership has been convicted was committed; or,

(iii)in sub-paragraph (ii), for the word “for” substitute “of”.

48Waste management licences: offences by partnerships

In section 74(7) of the Environmental Protection Act 1990 (meaning of “fit and proper person”)—

(a)after paragraph (a), insert—

(aa)a partnership has been convicted of a relevant offence committed when the holder or, as the case may be, proposed holder of the licence was a member of that partnership;,

(b)the word “or” immediately following paragraph (b) is repealed,

(c)after paragraph (b), insert—

(ba)where the holder or, as the case may be, proposed holder of the licence is a partnership, a person who is a member of that partnership—

(i)has been convicted of a relevant offence;

(ii)was a member of another partnership at a time when a relevant offence of which that other partnership has been convicted was committed; or

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

(d)in paragraph (c)—

(i)the word “or” immediately following sub-paragraph (i) is repealed,

(ii)after sub-paragraph (i), insert—

(ia)was a member of a partnership at a time when a relevant offence of which that partnership has been convicted was committed; or,

(iii)in sub-paragraph (ii), for the word “for” substitute “of”.

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