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Regulatory Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

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(b)the word “or” immediately following paragraph (b) is repealed,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(i)the word “or” immediately following sub-paragraph (i) is repealed,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