Section 4 Appeals against refusal of registration etc.F1I1C1C2
England, Wales and Scotland
Where a person has applied to a F2regulation authority to be registered in accordance with any regulations under section 2 above, he may appeal to the Secretary of State if—
his application is refused; or
the relevant period from the making of the application has expired without his having been registered;
and for the purposes of this subsection the relevant period is two months or, except in the case of an application for the renewal of his registration by a person who is already registered, such longer period as may be agreed between the applicant and the disposal authority in question.
A person whose registration as a carrier of controlled waste has been revoked may appeal against the revocation to the Secretary of State.
On an appeal under this section the Secretary of State may, as he thinks fit, either dismiss the appeal or give the regulation authority in question a direction to register the appellant or, as the case may be, to cancel the revocation.
Where on an appeal made by virtue of subsection (1)(b) above the Secretary of State dismisses an appeal, he shall direct the regulation authority in question not to register the appellant.
It shall be the duty of a regulation authority to comply with any direction under this section.
The Secretary of State may by regulations make provision as to the manner in which and time within which an appeal under this section is to be made and as to the procedure to be followed on any such appeal.
Where an appeal under this section is made in accordance with regulations under this section—
by a person whose appeal is in respect of such an application for the renewal of his registration as was made, in accordance with regulations under section 2 above, at a time when he was already registered; or
by a person whose registration has been revoked,
that registration shall continue in force, notwithstanding the expiry of the prescribed period or the revocation, until the appeal is disposed of.
For the purposes of subsection (7) above an appeal is disposed of when any of the following occurs, that is to say—
the appeal is withdrawn;
the appellant is notified by the Secretary of State or the regulation authority in question that his appeal has been dismissed; or
the regulation authoritycomply with any direction of the Secretary of State to renew the appellant’s registration or to cancel the revocation.
This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).
Annotations
Textual amendments
- F1
Act repealed (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 1 (with sch. 23)
- F2
Words in S. 4(1)(3)(4)(5)(8)(b)(c) substituted (31.5.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 31(2), S.I. 1991/1319, art. 2
- F3
S. 4(9) added (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 37(3) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/186, art. 3
Modifications
- C1
S. 4: power to delegate functions conferred (1.4.1996) by 1995 c. 25, s. 114(2)(a)(ii) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/186, art. 3
- C2
S. 4 modified (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), regs. 1(2), 24(2) (with regs. 2, 47(2))
Commencement
- I1
S. 4 wholly in force; s. 4(6) in force at 16.07.1991 see s. 11(2) and S.I. 1991/1618, art. 2(a); and s. 4 fully in force at 14.10.1991 by S.I. 1991/1618, art. 3.