Part 1

Waste
Chapter 1

Waste sent to landfills

Landfill allowances scheme (Scotland, Wales and Northern Ireland)

Alteration of allocations under section 4
5
1
An authority that has made an allocation under section 4 may at any time alter the allocation, subject to subsections (2) and (3).
2
The power under subsection (1) does not extend to withdrawing an allowance that has already been utilised.
3
In exercising the power under subsection (1), an authority must ensure that the total amount of waste authorised to be sent to landfills by allowances allocated by it for a year does not cause the amount of biodegradable municipal waste sent to landfills for that year to exceed the amount specified for its area under section 1 or 2.
4
As soon as an authority has exercised the power under subsection (1), it must publish a statement—
a
detailing the alteration, and
b
explaining the basis of it including in particular how the authority has complied with the duty in subsection (3).
S. 5 in force at 25.6.2004 for W. by S.I. 2004/1488, art. 2
S. 5 in force at 17.9.2004 for N.I. by S.R. 2004/399, art. 2(1)(b)
S. 5 in force at 3.12.2004 for E. by S.I. 2004/3181, art. 2(a)
S. 5 in force at 3.2.2005 for S. by S.S.I. 2005/52, art. 2(a)
S. 5(3) substituted (21.11.2011) by The Waste and Emissions Trading Act 2003 (Amendment) Regulations 2011 (S.I. 2011/2499), regs. 1(2), 5(a)
Words in s. 5(4)(b) inserted (21.11.2011) by The Waste and Emissions Trading Act 2003 (Amendment) Regulations 2011 (S.I. 2011/2499), regs. 1(2), 5(b)
Words in s. 4 heading inserted (31.3.2013) by The Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013 (S.I. 2013/141), regs. 1(1)(b), 3(2) (with reg. 8)