Waste and Emissions Trading Act 2003

Scheme operation and monitoring etc

10 Monitoring authorities

(1) Each allocating authority must by regulations appoint a person to be the monitoring authority for its area.

(2) The monitoring authority for an area shall—

(a) monitor the operation in the area of the provisions of this Chapter relating to landfill allowances and, in particular, monitor how much biodegradable municipal waste is sent to landfills in pursuance of arrangements made by waste disposal authorities in the area;

(b) audit the performance of waste disposal authorities in the area in complying with their obligations under this Chapter;

(c) comply with any directions by the allocating authority for the area as to the supply to the allocating authority of information acquired by the monitoring authority in carrying out any of its functions under this Chapter;

(d) without delay notify the allocating authority for the area of any case where it appears to the monitoring authority that a waste disposal authority in the area is or may be liable to a penalty under this Chapter;

(e) comply with any directions by the allocating authority for the area as to the supply to the allocating authority of information or evidence in connection with any case where it appears to the allocating authority or the monitoring authority that a waste disposal authority in the area is or may be liable to a penalty under this Chapter;

(f) co-operate with the monitoring authority for any other area.

11 Scheme regulations

(1) An allocating authority may by regulations make provision for the purpose of carrying into effect, in relation to its area, the provisions of this Chapter relating to landfill allowances.

(2) Regulations under subsection (1) may (in particular)—

(a) make provision about the manner of allocation of, or evidence of entitlement to, landfill allowances;

(b) make provision for the maintaining of registers of matters relating to landfill allowances;

(c) make provision about what amounts to the utilisation of landfill allowances;

(d) make provision for determining the amount of biodegradable municipal waste in an amount of waste;

(e) make provision imposing, or enabling the imposition of, requirements on waste disposal authorities in the area to produce evidence as to amounts of waste, or of waste of any description, sent to landfills in pursuance of arrangements made by them;

(f) make provision requiring waste disposal authorities in the area, in exercising functions in relation to waste that is or contains biodegradable municipal waste, to have regard to guidance specified in the regulations (including future guidance);

(g) make provision imposing or conferring additional functions on the monitoring authority for the area.

(3) Regulations under subsection (1) may provide for a waste disposal authority that fails to comply with a requirement of the regulations to be liable to a penalty.

12 Powers in relation to waste disposal authorities

(1) An allocating authority may, for purposes connected with the sending of biodegradable municipal waste to landfills, by regulations make provision for requiring waste disposal authorities in its area to—

(a) maintain prescribed records;

(b) gather prescribed information by carrying out prescribed operations on prescribed waste;

(c) make prescribed returns to the monitoring authority for the area.

(2) An allocating authority may by regulations make provision for enabling the monitoring authority for its area, or persons authorised by the monitoring authority—

(a) to require waste disposal authorities in the area to produce, for inspection or for removal for inspection elsewhere, records they are required to maintain by provision made under subsection (1);

(b) to require waste disposal authorities in the area to supply the monitoring authority with—

(i) information about matters connected with the sending of biodegradable municipal waste to landfills;

(ii) evidence to substantiate information supplied for the purpose of complying with requirements imposed under sub-paragraph (i);

(iii) evidence to substantiate entries in records maintained for the purpose of complying with provision made under subsection (1);

(c) to specify the form in which, the place at which and the time at or by which records are to be produced or information or evidence is to be supplied;

(d) to copy records that are produced.

(3) A waste disposal authority that fails to comply with a requirement imposed on it under this section is liable to a penalty.

(4) In subsection (1) “prescribed” means prescribed by or under regulations under that subsection.

13 Powers in relation to landfill operators

(1) An allocating authority may, for purposes connected with the sending of biodegradable municipal waste to landfills, by regulations make provision for requiring a person concerned in the operation of a landfill to—

(a) maintain prescribed records;

(b) gather prescribed information by carrying out prescribed operations on prescribed waste;

(c) make prescribed returns, or provide prescribed information or prescribed evidence, to prescribed persons.

(2) A person commits an offence if he fails to comply with a requirement imposed on him under subsection (1).

(3) An allocating authority may by regulations make provision enabling the monitoring authority for its area, or persons authorised by the monitoring authority—

(a) to require persons concerned in the operation of a landfill to produce records related to the operation of the landfill for inspection or for removal for inspection elsewhere;

(b) to specify the form in which, the place at which and the time at or by which records are to be produced;

(c) to copy records that are produced;

(d) to enter premises (with or without a constable, with any necessary equipment or material and, if need be, by force) for the purposes of—

(i) finding records relating to the operation of a landfill,

(ii) inspecting them or removing them for inspection elsewhere, and

(iii) copying them;

(e) to require persons to afford, to a person exercising any power conferred under paragraphs (a) to (d), such facilities and assistance within their control or in relation to which they have responsibilities as are necessary to enable the person to exercise the power.

(4) A person commits an offence if—

(a) he intentionally obstructs a person exercising a power conferred under subsection (3), or

(b) he fails to comply with a requirement imposed on him under that subsection.

(5) A person guilty of an offence under subsection (2) or (4)(a) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

(6) A person guilty of an offence under subsection (4)(b) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7) In subsection (1) “prescribed” means prescribed by or under regulations under that subsection.

14 Disclosure of information by monitoring and allocating authorities

(1) A monitoring authority may disclose any of its monitoring information to any other monitoring authority, or to any allocating authority, for the purpose of facilitating the carrying out by the recipient of any of its functions under this Chapter.

(2) An allocating authority may disclose any of its monitoring information to any other allocating authority for the purpose of facilitating the carrying out by the recipient of any of its functions under this Chapter.

(3) For the purposes of this section, a monitoring authority’s “monitoring information” is information or evidence—

(a) acquired by it in carrying out any of its functions under this Chapter, or

(b) disclosed to it after having been acquired by another monitoring authority in carrying out any of its functions under this Chapter.

(4) For the purposes of this section, an allocating authority’s “monitoring information” is information or evidence—

(a) acquired by it in carrying out any of its functions under this Chapter, or

(b) disclosed to it after having been acquired by a monitoring authority, or another allocating authority, in carrying out any of its functions under this Chapter.

(5) Subsections (1) and (2) shall be treated as additional to, and as not prejudicing the generality of, section 113 of the Environment Act 1995 (c. 25) (disclosure of information).

15 Monitoring information: registers

(1) An allocating authority may by regulations make provision requiring the monitoring authority for its area to maintain a register containing such of its monitoring information as is of a description specified by the regulations.

(2) For the purposes of subsection (1), a monitoring authority’s “monitoring information” is information or evidence—

(a) acquired by it in carrying out any of its functions under this Chapter, or

(b) disclosed to it after having been acquired by another monitoring authority in carrying out any of its functions under this Chapter.

16 Registers: public access

An allocating authority may, in relation to a register that a person is required to maintain by regulations under this Chapter made by the authority, by regulations—

(a) make provision for public inspection of such of the information contained in the register as is of a description specified by the regulations;

(b) make provision for members of the public to obtain copies of information in the register that is open to public inspection under paragraph (a), including provision for the payment of reasonable charges.