# The Waste Management Licensing Regulations (Northern Ireland) 2003, Paragraph 1: Interpretation of Schedule 4


(1) In this Schedule—
“applicant” means a person who is applying for registration or for renewal of registration as a registered broker or dealer and “application” shall have like meaning;
“broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;
“carrier” means a person registered as a carrier of controlled waste under Regulation 6 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999;
“date of expiry”, in relation to a broker’s or dealer’s registration—
(a)in a case to which sub-paragraph (2) or (3) of paragraph 7 applies, has the meaning given by that sub-paragraph; and
(b)in any other case means the date on which the period of three years mentioned in paragraph 7(1) expires;
“dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;
“notice” means notice in writing;
“register” means the register of registered brokers or dealers to be maintained by the Department under paragraph 2;
“registered broker” means a person registered as a broker under regulation 22 and this Schedule;
“registered dealer” means a person registered as a dealer under regulation 22 and this schedule;
“relevant offence” means an offence under any of the enactments listed in regulation 2;
“relevant period” means two months or, except in the case of an application for the renewal of that registration by a person who is already registered, such longer period as may be agreed between the applicant and the Department;
“relevant person” means—
(a)any person who has been convicted of a relevant offence committed by that person in the course of that person’s employment by the applicant or registered broker or dealer or in the course of the carrying on of any business by a partnership one of the members of which was the applicant or registered broker or dealer;
(b)a body corporate which has been convicted of a relevant offence committed at a time when the applicant or registered broker or dealer was a director, manager, secretary or other similar officer of that body corporate; or
(c)where the applicant or registered broker or dealer is a body corporate, a person who is a director, manager, secretary or other similar officer of that body corporate and who—
(i)has been convicted of a relevant offence; or
(ii)was a director, manager, secretary or other similar officer of another body corporate at a time when the relevant offence for which that body corporate has been convicted was committed.
(2) For the purposes of this Schedule, an application for registration or for the renewal of a registration as a broker of or dealer in controlled waste shall be treated as pending—
(a) whilst it is being considered by the Department; or
(b) if it has been refused or the relevant period from the making of the application has expired without the applicant having been registered, whilst either—
(i) the period for appealing in relation to that application has not expired; or
(ii) the application is the subject of an appeal which has not been disposed of.
(3) For the purposes of this Schedule, an appeal is disposed of when any of the following occurs—
(a) the appeal is withdrawn; or
(b) a determination is issued to the Department by the Planning Appeals Commission in respect of the appeal.

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Source: https://www.legislation.gov.uk/nisr/2003/493/schedule/4/paragraph/1 (the official version)
Page: https://openlegislation.uk/waste-management-licensing-regulations-northern-ireland-2003/schedule-4/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.