The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000

Prohibition

3.—(1) Subject to paragraphs (2) to (4), no person shall hold any contaminated equipment after 31st October 2000 unless he is a registered holder of that equipment.

(2) A person may hold contaminated equipment, notwithstanding that he is not a registered holder, for the purposes of, or in the course of, any business, manufacturing process or trade concerned with the decontamination or disposal of such equipment.

(3) A person who applies for registration in accordance with regulation 6(1) and (2), no later than 28 days after the coming into operation of these Regulations but whose application has not been finally determined by 31st October 2000 shall be treated as being a registered holder until 14 days after his application is finally determined.

(4) A person who first holds contaminated equipment on or after the date on which these Regulations come into operation shall be treated as being a registered holder from the date on which he first holds such equipment until 14 days after his application for registration is finally determined, if he applies for registration in accordance with regulation 6(1) and (2), no later than 28 days after the date on which he becomes the holder of contaminated equipment.

(5) For the purposes of this regulation an application is finally determined—

(a) where it is granted under regulation 6(3), on the date on which it is granted;

(b) where it is refused under regulation 6(3), on the date on which the Department gives notice under regulation 6(5);

(c) where it is deemed by regulation 6(6) to be refused—

(i) where the period allowed for appealing against that refusal expires without an appeal being brought, on the expiry of that period,

(ii) where an appeal is brought within that period, on the expiry of the period of 14 days beginning with the date of the determination or earlier withdrawal of the appeal.