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The Landfill Allowances Scheme (Scotland) Regulations 2005

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Borrowing of landfill allowances

7.—(1) Subject to paragraphs (2) and (3), a waste disposal authority may borrow for use in a scheme year (other than the scheme years mentioned in paragraph (3)) up to 5% of the landfill allowances available to it for the following scheme year (rounded down to the nearest whole allowance).

(2) Paragraph (1) does not apply–

(a)in a target year,

(b)where the following scheme year is a target year;

(3) In respect of a scheme year which begins on 1st April 2005, 1st April 2006 or 1st April 2007, a waste disposal authority may borrow for use in the relevant scheme year up to 10% of the landfill allowances available to it for the following scheme year (rounded down to the nearest whole allowance).

(4) Where a waste disposal authority intends to borrow a landfill allowance it must submit a borrowing request to the monitoring authority before the end of the reconciliation period for the scheme year.

(5) A borrowing request must–

(a)be made on the form provided by the monitoring authority;

(b)specify–

(i)the name of the waste disposal authority,

(ii)the number of landfill allowances which it intends to borrow.

(6) The monitoring authority is not required to consider a borrowing request unless it is made in accordance with paragraph (5).

(7) If the conditions in paragraph (9) are satisfied the monitoring authority must–

(a)remove the number of landfill allowances specified in the borrowing request from the part of the waste disposal authority’s landfill allowance account relating to the following scheme year;

(b)include those allowances in the part of the account relating to the scheme year;

(c)notify the waste disposal authority which made the request–

(i)that its request has been accepted,

(ii)of the amendments that have been made to its landfill allowance account.

(8) If the conditions in paragraph (9) are not satisfied the monitoring authority must notify the waste disposal authority–

(a)that its request has not been accepted,

(b)of the reasons why.

(9) The conditions referred to in paragraphs (7) and (8) are that–

(a)the borrowing request complies with paragraphs (1), (2) or, as the case may be, (3);

(b)the number of landfill allowances specified in the request are available to the waste disposal authority for the following scheme year;

(c)accepting the borrowing request would not cause the waste disposal authority to exceed the limit on borrowing under paragraph (1) or, as the case may be, paragraph (3); and

(d)the authority is not suspended from borrowing landfill allowances under regulation 9.

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