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Paragraph 3 Applications for registration

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An application for registration or for the renewal of a registration as a broker of controlled waste shall be made to the waste regulation authority for the area in which the applicant has orproposes to have his principal place of business in Great Britain; but if the applicant does not have or propose to have a place of business in Great Britain, the applicant may apply to any waste regulation authority.

(2)

Subject to sub-paragraphs (3) to (5) below, a person shall not make an application for registration or for the renewal of a registration whilst—

(a)

a previous application of his is pending; or

(b)

he is registered.

(3)

Sub-paragraph (2) above shall not prevent a person from applying for the renewal of a registration where his application is made within the period of six months mentioned in paragraph 7(5).

(4)

An application for registration or for the renewal of a registration in respect of a business which is or is to be carried on by a partnership shall be made by all of the partners or prospective partners.

(5)

A prospective partner in a business carried on by a partnership whose members are already registered may make an application for registration as a partner in that business to the waste regulation authority with whom the business is registered.

(6)

An application for registration shall be made on a form corresponding to the form in Part II of this Schedule, or on a form substantially to the like effect, and shall contain the information required by that form.

(7)

An application for the renewal of a registration shall be made on a form corresponding to the form in Part III of this Schedule, or on a form substantially to the like effect, and shall contain the information required by that form.

(8)

Where an applicant wishes to apply to be registered both as a carrier and as a broker of controlled waste, he may, instead of making the application on the forms provided for by regulation 4(6) of the Carriers Regulations and sub-paragraph (6) above, make a combined application on a form containing the information required by those forms.

(9)

Where an applicant wishes to apply both for the renewal of his registration as a carrier of controlled waste and for the renewal of his registration as a broker of controlled waste, he may, instead of making an application on the forms provided for by regulation 4(7) of the Carriers Regulations and sub-paragraph (7) above, make a combined application on a form containing the information required by those forms.

(10)

A waste regulation authority shall provide a copy of the appropriate application form free of charge to any person requesting one.

(11)

A waste regulation authority shall charge an applicant in respect of its consideration of his application—

(a)

subject to paragraph (c) below, in the case of either an application for registration as a broker of controlled waste or a combined application for registration as both a carrier and broker of controlled waste, £95;

(b)

in the case of either an application for the renewal of a registration as a broker of controlled waste or a combined application for renewal of registration both as a carrier and as a broker of controlled waste, £65;

(c)

in the case of an application by a registered carrier of controlled waste for registration as a broker of controlled waste, £25,

and the applicant shall pay the charge when he makes his application.

(12)

A waste regulation authority shall, on receipt of an application for registration or for the renewal of a registration, ensure that the register contains a copy of the application.

(13)

A waste regulation authority may refuse an application for registration or for the renewal of a registration if, and only if—

(a)

there has, in relation to that application, been a contravention of any of the requirements of the preceding provisions of this paragraph; or

(b)

the applicant or another relevant person has been convicted of a relevant offence and, in the opinion of the authority, it is undesirable for the applicant to be authorised to arrange (as dealer or broker) for the disposal or recovery of controlled waste on behalf of other persons.

(14)

Where a waste regulation authority decides to refuse an application for registration or for the renewal of a registration, the authority shall give notice to the applicant informing him that his application is refused and of the reasons for its decision.

(15)

If an appeal is made under and in accordance with paragraph 6, the waste regulation authority shall, as soon as reasonably practicable, make appropriate entries in its register indicating when the appeal was made and the result of the appeal.

(16)

If no such appeal is made, the waste regulation authority shall, as soon as reasonably practicable, make an appropriate entry in its register indicating that the application has not been accepted and that no appeal has been made.

(17)

A waste regulation authority may remove from its register—

(a)

a copy of an application included under sub-paragraph (12) above; or

(b)

an entry made under sub-paragraph (15) or (16) above,

at any time more than six years after the application in question was made.