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The Waste Management Licensing Amendment (Scotland) Regulations 2003

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Amendment of the Waste Management Licensing Regulations 1994

5.  For regulation 4(1) there is substituted–

Technical competence

4.(1) Subject to paragraphs (2) and (3) below and without prejudice to the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002(2), Schedule 1A has effect to prescribe for the purposes of section 74(3)(b) of the 1990 Act (management of activities to be in the hands of a technically competent person) the qualifications required of a person if that person is to be considered technically competent in relation to a facility of a type listed in Table 1 of that Schedule.

(2) Paragraph (1) does not apply in relation to a facility which is used exclusively for the purpose of–

(a)carrying on business as a metal dealer;

(b)dismantling motor vehicles; or

(c)the burial of dead domestic pets.

(3) Where–

(a)a person was technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to a facility immediately prior to 1st April 2003 (whether or not the management of the facility was in the hands of that person at that time); and

(b)that person is required to obtain a new certificate in order to remain technically competent in relation to that facility as a result of the Waste Management Licensing Amendment (Scotland) Regulations 2003(3);

then, until 1st April 2005, that person shall be treated as technically competent in relation to that facility for the purposes of section 74(3)(b) of the 1990 Act..

(1)

Regulation 4 was amended by S.I. 1996/634, 916 and 1997/2203.

(2)

S.I. 2002/2934 implementing Council Directive 92/51/EEC on a second general system for the recognition of professional education and training. Regulation 9 and Part 1 of Schedule 2 (Professions regulated by law or public authority) of those Regulations designates the Waste Management Industry Training and Advisory Board as the authority for certified technically competent persons.

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