39.—(1) In regulation 22—
(a)for paragraph (1) substitute—
“(1) Subject to paragraphs (2) to (4), it shall be an offence for an establishment or undertaking to arrange as a broker or dealer for the disposal or recovery of controlled waste on behalf of another person unless it is a registered broker of or dealer in controlled waste.”;
(b)for paragraph (2)(a) substitute—
“(2) (a) it is authorised to carry out the disposal or recovery of the waste by a waste management licence under Article 6 of the 1997 Order, a disposal licence, a resolution, an authorisation under Articles 6 to 12 of the Industrial Pollution Control Order, a permit under the 2003 Regulations, a discharge consent under Article 9 of the Water Order, a licence under Part II of the Food and Environment Protection Act 1985 or a marine licence under section 65 of the Marine and Coastal Access Act 2009; or”;
(c)for paragraph (5) substitute—
“(5) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale;”; and
(d)in paragraph (7) after “brokers” insert “or dealers”.