The Landfill Allowances and Trading Scheme (England) Regulations 2004

Suspension of banking, borrowing and transferring of landfill allowances

9.—(1) The Secretary of State may suspend any or all waste disposal authorities from banking, borrowing and transferring landfill allowances if she considers—

(a) in a scheme year between target years that there is a risk that the total amount of biodegradable municipal waste sent to landfills by waste disposal authorities in England will exceed the maximum amount for England 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 her power under section 5 of the Act (alteration of allocations under section 4).

(2) The Secretary of State may suspend a waste disposal authority from banking, borrowing and transferring landfill allowances if she has 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 Secretary of State suspends a waste disposal authority from banking, borrowing and transferring landfill allowances under paragraph (1) or (2), at the same time she must notify the monitoring authority and the waste disposal authority of—

(a) that fact,

(b) the reasons for the suspension.

(4) The Secretary of State may lift a suspension if in any case falling within—

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

(b) paragraph (1)(b)—

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

(ii) the Secretary of State no longer considers that an alteration is necessary;

(c) paragraph (2)(a), the Secretary of State is satisfied that the failure to comply is unlikely to recur;

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

(5) If the Secretary of State lifts a suspension under paragraph (4), at the same time she 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.