# The Waste Management Licensing Regulations (Northern Ireland) 2003, Regulation 20: Refusal, revocation and cessation of registration

Extent: N.I.

(1) The Department may refuse to register an exempt activity in the event that the activity or, as the case may be, the content of the notification under regulation 18 does not comply with any requirements of regulations 17(4), 18(2) and 18(3) or any conditions or limitations set out in respect of the exempt activity in regulation 19(1) and 19(2) and in Parts I and II of Schedule 2.
(2) Where the Department has refused to register an activity under paragraph (1), it shall serve a notice on the establishment or undertaking stating that the registration has been refused and giving the reasons for its decision.
(3) Subject to paragraph (3A) unless the Department has within the period of 28 days from the date on which it received a notice under regulation 18(3), either –
(a) entered the relevant particulars in the register in relation to the establishment or undertaking which submitted the notice; or
(b) served on it a notice of refusal stating that registration is refused and giving reasons for that decision,
those particulars shall be entered in the register at the end of that 28 day period.
(3A) In the case of an exempt activity falling within paragraph 49 of Part I Schedule 2, unless the Department has within two months from the date on which it received a notice under regulation 18(3), either:
(i) entered the relevant particulars in the register in relation to the establishment or undertaking that submitted the notice; or
(ii) served on it a notice of refusal stating that registration is refused and giving the reasons for the decision,
those particulars shall be entered in the register at the end of the two month period.
(4) If an establishment or undertaking fails to supply all of the information required under regulations 18 and 19, the 28-day period referred to in paragraph (3) shall commence on the date on which the Department receives all of that information.
(5) Subject to paragraphs (6) and (7), the Department may revoke the registration of an exempt activity where it is satisfied that –
(a) the establishment or undertaking to which the relevant entry relates no longer exists or has ceased to carry out that activity; or
(b) the activity is no longer being carried out in compliance with the conditions or limitations of the relevant paragraph of Part I of Schedule 2 or with the relevant provisions of regulation 17(2) or (4);
(c) there has been a breach of any of the registration obligations applicable to that activity; or
(d) in the case of an exempt activity falling within paragraph 49 of Part I Schedule 2 where the competent authority has carried out an inspection in accordance with sub-paragraph (4A) of paragraph 13 of Schedule 3 and the particulars required to be verified under that sub-paragraph are not met.
(6) Before revoking a registration, the Department shall serve on the establishment or undertaking carrying out the exempt activity, a notice (“a revocation notice”) stating that the registration is to be revoked and giving reasons for the decision.
(7) The revocation notice shall specify a date on which the revocation is to take place, which shall be at least 28 days after the date on which the notice is served.
(8) Subject to paragraph (9), details of registrations which have expired or which have been revoked under paragraph (5) shall remain on the register for a period of 4 years from the date of expiry or revocation.
(9) An entry retained on the register under paragraph (8) shall be appropriately marked to show that it has expired or been revoked.
(10) Nothing in this regulation shall prejudice the effect of the registration of the establishment or undertaking in respect of the period ending on the date on which the relevant entry is revoked or otherwise cancelled.

---
Source: https://www.legislation.gov.uk/nisr/2003/493/regulation/20 (the official version)
Page: https://openlegislation.uk/waste-management-licensing-regulations-northern-ireland-2003/regulation-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.