Regulation 5 Amendment of regulation 5 (Pre-qualification technical competence)I1

For regulation 5 (Pre-qualification technical competence) substitute—

“5.

(1)

Where—

(a)

a person has applied to

(i)

CIWM for an Operator Competence Certificate to carry on the specific activities which are authorised by a waste management licence; or

(ii)

EU Skills for a Competence Management System Certification;

(b)

an application has been made for a waste management license to authorise activities whose management is intended to be in that person’s hands;

(c)

the activities mentioned in sub-paragraph (b) are to be carried on at a facility of the same type as that in relation to which the application mentioned in sub-paragraph (a) was made; and

(d)

the Department is satisfied that but for regulation 3 he would be a technically competent person,

then, in relation to the facility in respect of which the application mentioned in sub-paragraph (c) was made and until the expiry of two years from the grant of a licence pursuant to that application, regulation 3 shall not apply to that person and that person shall be treated as technically competent for the purposes of Article 3(3)(b) of the 1997 order.

(2)

Paragraph 1 does not include activities carried out at any type of landfill site.”