Part 1Waste

Chapter 1Waste sent to landfills

Landfill allowances scheme (Scotland, Wales and Northern Ireland)

6Borrowing and banking of landfill allowances

(1)

An allocating authority may by regulations make provision for a waste disposal authority in its area to utilise for a scheme year landfill allowances allocated to it for a different scheme year.

(2)

Regulations under subsection (1) may not provide for—

(a)

the utilisation for a target year of allowances not allocated for that year;

(b)

the utilisation for a scheme year later than a target year of allowances allocated for a scheme year earlier than that target year;

(c)

the utilisation for a scheme year earlier than a target year of allowances allocated for a scheme year later than that target year.

(3)

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

(a)

make provision relating only to allowances allocated for specified scheme years;

(b)

make provision for allowances allocated for a scheme year to be utilised for a different scheme year only if—

(i)

that different scheme year is a specified scheme year;

(ii)

specified conditions are satisfied;

(c)

make provision for quantitative limits on inter-year utilisation of allowances;

(d)

make provision authorising the allocating authority to suspend inter-year utilisation of allowances—

(i)

whether indefinitely or for a fixed period, and

(ii)

whether generally or to a limited extent;

(e)

make provision for a person to carry out, in relation to inter-year utilisation of allowances, all or any of the functions of registrar and overseer;

(f)

make provision imposing, or enabling the imposition of, requirements on waste disposal authorities to provide information in relation to their inter-year utilisation of allowances;

(g)

make provision for an authority to be liable to a penalty if it fails to comply with a requirement imposed on it by or under provision of the kind mentioned in paragraph (f);

(h)

make provision generally in connection with the administration or regulation of inter-year utilisation of allowances;

(i)

make provision for the levying of fees and charges on persons engaged in inter-year utilisation of allowances;

(j)

make provision creating offences for breaches of provisions of regulations under subsection (1).

(4)

In subsection (3) “specified” means specified by, or determined in accordance with, regulations under subsection (1).