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The Waste Management Licensing (Scotland) Regulations 2011

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

Annual requirements in respect of recovery and storage of scrap metal or waste motor vehicles

This section has no associated Executive Note

24.—(1) An establishment or undertaking carrying on an exempt activity which is registered under regulation 23(2) must send to the appropriate registration authority annually—

(a)details of the total quantity of each kind of waste recovered during the preceding 12 months at each place where the exempt activity is carried on;

(b)an up to date plan of that place containing the details referred to in regulation 23(2)(c); and

(c)the charge prescribed for the purpose by a charging scheme under section 41 of the 1995 Act.

(2) The appropriate registration authority must serve on each establishment or undertaking carrying on an exempt activity which is registered under regulation 23(2) a renewal notice—

(a)in respect of each place at which that activity is carried on;

(b)not later than one month before the anniversary of the date when the notice, plan and fee referred to in regulation 23(2), or the details, plan and charge referred to in paragraph (1), as the case may be, were received by the authority in respect of that place.

(3) The renewal notice must specify—

(a)the amount of the payment due in respect of the charge under paragraph (1)(c);

(b)the method of payment;

(c)the date of the anniversary referred to in paragraph (2)(b);

(d)that payment is due on that date or, if later, upon the day falling one month after the date of the notice (“the due date”); and

(e)the effect of payment not being made by the due date.

(4) The appropriate registration authority must amend the register in accordance with paragraph (5) or, as the case may be, (6), if the charge payable under paragraph (3)(d) is not received within 2 months of the due date.

(5) Where the establishment or undertaking—

(a)is registered in respect of only one place in relation to the relevant exempt activity; or

(b)is registered in respect of more than one place and the charge in respect of each of those places has not been received by the authority

the authority must remove the relevant entry in respect of that establishment or undertaking from the register.

(6) Where the establishment or undertaking is registered in respect of more than one place in relation to the relevant exempt activity and the charge has been received by the authority in respect of one or more (but not all) of those places, the authority must amend the register by removing the entry in respect of those places in relation to which the charge has not been received.

(7) The authority must notify the establishment or undertaking in writing if it removes or amends an entry in its register relating to that establishment or undertaking under this regulation.

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