- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Waste Management Licensing (Scotland) Regulations 2011 No. 228
22.—(1) The appropriate registration authority may remove from the register the entry relating to an exempt activity where it is satisfied that—
(a)the establishment or undertaking to which the relevant entry relates no longer exists or is no longer carrying on that activity;
(b)the activity is no longer being carried on in compliance with the conditions or limitations of the relevant paragraph of Schedule 1 or with the relevant provisions of regulation 17;
(c)the establishment or undertaking carrying on an activity to which regulation 23 or 25 applies has not complied with the requirements of regulation 24, 26 or 27, as the case may be; or
(d)there has been a breach of any of the registration obligations in regulation 28 which apply in relation to an activity.
(2) The appropriate registration authority must serve on the establishment or undertaking to which an entry relates a notice (“notice of removal”) before removing that entry from the register.
(3) A notice of removal must state—
(a)the date on which the entry is to be removed; and
(b)reasons for the removal.
(4) The date specified under paragraph (3)(a) must be at least 21 days after the date on which the notice is served.
(5) The appropriate registration authority may withdraw a notice of removal at any time and reinstate the relevant entry in the register with or without amendment of the particulars relating to that entry.
(6) Paragraphs (2) to (5) do not apply to the removal of an entry from the register under paragraph (1)(c).
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