# Waste and Emissions Trading Act 2003, Section 6: Borrowing 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).

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Source: https://www.legislation.gov.uk/ukpga/2003/33/section/6 (the official version)
Page: https://openlegislation.uk/waste-and-emissions-trading-act-2003/section-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.