Regulatory Reform (Scotland) Act 2014 (asp 3)

PART 3 ENVIRONMENTAL REGULATION

CHAPTER 4 MISCELLANEOUS

Authorisations relating to waste management: offences by partnerships

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(b) the word “or” immediately following paragraph (b) is repealed,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(i) the word “or” immediately following sub-paragraph (i) is repealed,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