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The Landfill Allowances Scheme (Scotland) Regulations 2005

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Transfer of landfill allowances

8.—(1) Subject to paragraph (2) a waste disposal authority may transfer to any other waste disposal authority, whether by way of trade or otherwise, landfill allowances which–

(a)are available to the waste disposal authority for a scheme year, and

(b)have not been utilised.

(2) A waste disposal authority must not transfer an allowance from any scheme year for which the allowance is available to the authority unless the transfer is to that same scheme year.

(3) Where a waste disposal authority (“the transferor”) agrees to transfer a landfill allowance to another waste disposal authority (“the transferee”) the transferor must submit a transfer request to the monitoring authority before the end of the reconciliation period for the scheme year in which the agreement is made.

(4) A transfer request must–

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

(b)specify–

(i)the names of the transferor and transferee,

(ii)the number of landfill allowances to be transferred,

(iii)for each landfill allowance the scheme year for which the allowance is available to the transferor,

(iv)the date the transfer was agreed,

(v)the price (if any) to be paid.

(5) The monitoring authority is not required to consider a transfer request unless it is made in accordance with paragraph (4).

(6) If the conditions in paragraph (8) are satisfied, the monitoring authority must–

(a)delete the landfill allowances from the transferor’s landfill allowance account;

(b)add each landfill allowance to the transferee’s landfill allowance account for the scheme year for which, immediately before the transfer, it was available to the transferor;

(c)notify the transferor and transferee–

(i)that the request has been accepted,

(ii)of the amendments that have been made to their landfill allowance accounts.

(7) If the conditions in paragraph (8) are not satisfied the monitoring authority must notify the transferor and transferee–

(a)that the request has not been accepted,

(b)of the reasons why.

(8) The conditions referred to in paragraphs (6) and (7) are that–

(a)the agreement complies with paragraphs (1) and (2),

(b)all landfill allowances are available to the transferor for the scheme years specified pursuant to paragraph (4)(b)(iii), and

(c)neither the transferor nor the transferee is suspended from transferring allowances under regulation 9.

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