11.—(1) Subject to paragraphs (5) and (6), the Agency shall make available for public inspection, without charge, and at all reasonable hours, a copy of every inventory and revised inventory which it has compiled.
(2) The copy may be kept in any form but shall be indexed and arranged so that members of the public can readily trace information recorded in it.
(3) Subject to paragraphs (5) and (7), the Agency shall keep a register specifying the quantity, origin, nature and PCB content of used PCBs in respect of which copies of consignment notes specifying that information are furnished to it under regulations 5(4), 8(7) or 9(3) of the Special Waste Regulations 1996(1) by a person in the course of a business concerned with the disposal of PCBs.
(4) The register may be kept in any form and may, in particular, comprise copies, or extracts of copies, of consignment notes; but it shall—
(a)be indexed and arranged so that members of the public can readily trace information recorded in it; and
(b)be made available for public inspection, without charge, at all reasonable hours.
(5) Nothing in paragraph (1) or (3) shall require the Agency to make available information which—
(a)is capable of being, or must be, treated as confidential for the purposes of regulation 4 of the Environmental Information Regulations 1992(2); or
(b)would be capable of being, or would have to be, treated as confidential for those purposes if it were information to which those Regulations applied.
(6) Nothing in paragraph (1) shall require the Agency to retain an inventory or revised inventory, as the case may be, which has been superseded by a revised inventory once 4 years have elapsed from the date on which the revised inventory or the most recent revised inventory, as the case may be, was compiled.
(7) The register mentioned in paragraphs (3) and (4) shall be kept until 31st December 2010.
12. Where the Agency has fixed a charge under section 43 of the 1995 Act for a service or facility provided in the course of carrying out its functions in connection with these Regulations, the charge shall be paid—
(a)where the service or facility is provided in connection with an application, at the time when the application is made;
(b)in any other case, no later than the time when the service or facility is provided.
13.—(1) A person who holds any contaminated equipment in contravention of regulation 3 is guilty of an offence.
(2) A person—
(a)who holds PCBs or equipment in contravention of paragraph (1) of regulation 4;
(b)who, being the holder of PCBs or equipment to which sub-paragraph (b) of paragraph (2) of regulation 4 applies, fails to dispose of them in accordance with that sub-paragraph; or
(c)who, being the holder of equipment, fails to decontaminate or dispose of that equipment—
(i)in a case to which paragraph (3) of regulation 4 applies, as soon as possible after the end of its useful life;
(ii)in a case to which paragraph (5) of regulation 4 applies, in accordance with paragraph (8) of that regulation;
(iii)in a case to which paragraph (9) of regulation 4 applies, as soon as possible after the end of the useful life of the other piece of equipment of which it is part,
is guilty of an offence.
(3) A holder of equipment who fails to comply with regulation 4(4)(d) or regulation 5 is guilty of an offence.
(4) A person who—
(a)supplies information for the purposes of regulation 6(1) knowing it to be false or misleading in a material particular or recklessly supplies information which is false or misleading in a material particular;
(b)fails without reasonable excuse to supply information in accordance with regulation 10(2) or a notice under regulation 10(4); or
(c)supplies such information knowing it to be false or misleading in a material particular or recklessly supplies information which is false or misleading in a material particular,
is guilty of an offence.
(5) A person guilty of an offence under paragraph (1) or (2) shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on indictment, to a fine or a term of imprisonment not exceeding two years, or both.
(6) A person guilty of an offence under paragraph (3) or (4) shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on indictment, to a fine.
(7) Where an offence under any paragraph of this regulation committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(8) Where the affairs of a body corporate are managed by its members, paragraph (7) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
14.—(1) The Control of Pollution (Supply and Use of Injurious Substances) Regulations 1986(3), as they apply to England and Wales, are revoked with effect from 1st January 2001.
(2) Regulation 2 (PCBs and PCTs) of the Environmental Protection (Controls on Injurious Substances) Regulations 1992(4), as it applies to England and Wales, is revoked with effect from 1st January 2001.
S.I. 1996/972, to which there are amendments not relevant to these Regulations.
S.I. 1992/3240, amended by S.I. 1998/1447.
S.I. 1986/902, amended by S.I. 1992/31.