{
  "url": "https://openlegislation.uk/waste-management-licensing-regulations-northern-ireland-2003/regulation-5",
  "json_url": "https://openlegislation.uk/waste-management-licensing-regulations-northern-ireland-2003/regulation-5.json",
  "legislation": "nisr/2003/493",
  "legislation_title": "The Waste Management Licensing Regulations (Northern Ireland) 2003",
  "legislation_url": "https://openlegislation.uk/waste-management-licensing-regulations-northern-ireland-2003",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Pre-qualification technical competence",
  "text": "(1) Where—\n(a) a person has applied to\n(i) CIWM for an Operator Competence Certificate to carry on the specific activities which are authorised by a waste management licence; or\n(ii) EU Skills for a Competence Management System Certification;\n(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;\n(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\n(d) the Department is satisfied that but for regulation 3 he would be a technically competent person,\nthen, 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.\n(2) Paragraph 1 does not include activities carried out at any type of landfill site.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 5 substituted (5.12.2022) by The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/288), regs. 1, 5(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2003/493/regulation/5",
    "retrieved_at": "2026-10-29T02:00:19.401279+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}