- 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
27.—(1) An establishment or undertaking carrying on an exempt activity under paragraph 47(1) or (2) of Schedule 1 must send to the appropriate registration authority annually—
(a)an up to date plan of each place at which it carries on that activity together with the information referred to in regulation 25(2)(b);
(b)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 under paragraph 47(1) or (2) of Schedule 1 which is registered under regulation 25 a renewal notice—
(a)in respect of each place where the activity is carried on;
(b)not later than one month before the anniversary of the date when the notice, plan, information and charge referred to in regulation 25(2), or the plan, information and charge referred to in regulation 27(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)(b);
(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.
Draft Executive Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
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