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The Landfill Allowances Scheme (Scotland) Regulations 2005

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Suspension of banking, borrowing and transferring of landfill allowances

9.—(1) The Scottish Ministers may suspend any or all waste disposal authorities from banking, borrowing and transferring landfill allowances if they consider–

(a)in a scheme year occurring between target years that there is a risk that the total amount of biodegradable municipal waste sent to landfills by waste disposal authorities in Scotland will exceed the maximum amount for Scotland which is specified under (or pursuant to section 3(1) of the Act is treated as having been specified under) section 2(1)(a) of the Act, or

(b)it necessary to exercise their power under section 5 of the Act (alteration of allocations under section 4).

(2) The Scottish Ministers may suspend a waste disposal authority from banking, borrowing and transferring landfill allowances if they have reason to believe that–

(a)the waste disposal authority has failed to comply with–

(i)its duty under section 9 of the Act (duty not to exceed allowances), or

(ii)any requirement under these Regulations; or

(b)an unauthorised person may attempt, or has attempted, to submit a borrowing or transfer request to the monitoring authority on behalf of the waste disposal authority.

(3) If the Scottish Ministers suspend a waste disposal authority from banking, borrowing and transferring landfill allowances under paragraphs (1) or (2), at the same time they must notify the monitoring authority and the waste disposal authority of–

(a)that fact,

(b)the reasons for the suspension.

(4) The Scottish Ministers may lift a suspension if in any case falling within–

(a)paragraph (1)(a), they are satisfied that there is no significant continuing risk that the total amount of biodegradable municipal waste sent to landfills by waste disposal authorities in Scotland will exceed the maximum amount mentioned in that paragraph;

(b)paragraph (1)(b)–

(i)the allocation of landfill allowances has been altered, or

(ii)they no longer consider that an alteration is necessary;

(c)paragraph (2)(a), they are satisfied that the failure to comply is unlikely to recur;

(d)paragraph (2)(b), they are satisfied that there is no further risk of the unauthorised submission of a borrowing or transfer request.

(5) If the Scottish Ministers lift a suspension under paragraph(4), at the same time they must notify the monitoring authority and any waste disposal authority which, as a consequence, is no longer suspended from banking borrowing and transferring landfill allowances of–

(a)that fact,

(b)the reasons for lifting the suspension.

(6) The effect of suspending a waste disposal authority from banking, borrowing and transferring landfill allowances is that no landfill allowances may be–

(a)transferred to or from the waste disposal authority’s landfill allowance account under regulation 8,

(b)banked or borrowed within that account under regulation 6 or 7.

(7) In paragraph (2)(b) “unauthorised person” means a person who is not authorised by a waste disposal authority to submit borrowing or transfer requests on the authority’s behalf.

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