Section 5 Alteration of allocations under section 4I1I2I3I4
An authority that has made an allocation under section 4 may at any time alter the allocation, subject to subsections (2) and (3).
The power under subsection (1) does not extend to withdrawing an allowance that has already been utilised.
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.
As soon as an authority has exercised the power under subsection (1), it must publish a statement—
detailing the alteration, and
explaining the basis of it F2including in particular how the authority has complied with the duty in subsection (3).
Annotations
Textual amendments
- F1
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)
- F2
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)
Commencement
- I1
S. 5 in force at 25.6.2004 for W. by S.I. 2004/1488, art. 2
- I2
S. 5 in force at 17.9.2004 for N.I. by S.R. 2004/399, art. 2(1)(b)
- I3
S. 5 in force at 3.12.2004 for E. by S.I. 2004/3181, art. 2(a)
- I4
S. 5 in force at 3.2.2005 for S. by S.S.I. 2005/52, art. 2(a)
Notes on Landfill allowances scheme (Scotland, Wales and Northern Ireland)
Textual amendments
- F1
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)