The Waste Management Licensing (Amendment etc.) Regulations 1995

Technical competence—transitional provisions

4.—(1) Where before 10th July 1995 a person has applied to the Waste Management Industry Training and Advisory Board for a certificate of technical competence and at any time in the 23 months ending on that date he acted as the manager of a facility of a type listed in Table 1 in the Principal Regulations for which the certificate is a relevant certificate, then, until 10th August 1999, regulation 4 of the Principal Regulations shall not apply to him in relation to either—

(a) any facility of that type; or

(b) a facility of any other type if—

(i) the certificate is a relevant certificate for that other type of facility; and

(ii) the entry for that other type of facility appears, in Table 1 in the Principal Regulations, after the entry in that Table for the type of facility in respect of which he acted as the manager,

and he shall be treated as technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to any such facility.

(2) A person shall be treated as the manager of a facility for the purposes of paragraph (1) above if at the relevant time he was the manager of activities which were carried on at that facility and either—

(a) those activities involved the recovery or disposal of waste as or as part of a process designated for central control under section 2(4) of the 1990 Act and were authorised by an authorisation granted under Part I of that Act; or

(b) those activities involved the disposal of waste as or as part of a process designated for local control under section 2(4) of the 1990 Act and falling within paragraph (a) of Part B of Section 5.1 (incineration) of Schedule 1 to the 1991 Regulations and were authorised by an authorisation granted under Part I of that Act.

(3) Where at any time in the 15 months ending on 31st July 1995 a person has acted as the manager of a facility the operation of which at that time was not in breach of section 33(1)(a) or (b) of the 1990 Act solely by virtue of the exemption provided by regulation 17 of, and paragraph 43 of Schedule 3 to, the Principal Regulations, then, until the date specified in paragraph (4) below, regulation 4 of the Principal Regulations shall not apply to him in relation to that facility and he shall be treated as technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to that facility.

(4) The date referred to in paragraph (3) above as being specified in this paragraph is 31st July 1995 except in the following cases—

(a) where the facility is of a type listed in Table 1 in the Principal Regulations, and the person has applied on or before 31st July 1995 to the Waste Management Industry Training and Advisory Board for a certificate of technical competence which is a relevant certificate, then the specified date is 10th August 1999;

(b) where the facility is not of a type listed in Table 1 in the Principal Regulations, and an application is made on or before 31st July 1995 for a waste management licence which, if granted, would authorise the operation of the facility, then the specified date is the day after the day upon which the licence is granted or, if the application is (or is deemed to be) rejected, the day after—

(i) the day on which the period for appealing expires without any appeal having been made; or

(ii) the day on which any appeal is withdrawn or finally determined.