Paragraph 7 Duration of registrationF1
Subject to the following provisions of this paragraph, a person’s registration as a broker of or dealer in controlled waste shall cease to have effect on the expiry of the period of three years beginning with the date of the registration or the date of any renewal.
Where—
a registered carrier of controlled waste is registered as a broker of or dealer in controlled waste otherwise than by way of renewal of an existing registration as a broker or dealer; and
that person’s registration as a carrier will expire within three years of the date of their registration as a broker or dealer,
if at the time of making the application for registration as a broker or dealer that person so requests, their registration as a broker or dealer shall expire on the same date as the date of expiry of their registration as a carrier.
Where—
a registered broker of or dealer in controlled waste is registered as a carrier of controlled waste otherwise than by way of renewal of an existing registration as a carrier; and
that person’s registration as a broker or dealer will expire within three years of the date of their registration as a carrier,
if on the next application for renewal of their registration as a broker or dealer that person so requests, their renewed registration as a broker or dealer shall expire on the same date as the date of expiry of their registration as a carrier.
Registration as a registered broker or dealer shall cease to have effect if the registered broker or dealer gives written notice to the Department requiring the removal of their name from the register.
The Department shall, no later than six months before the date of expiry of a broker’s or dealer’s registration, serve on a registered broker or dealer—
a notice informing that person of the date of expiry and of the effect of sub-paragraph (6); and
an application form for the renewal of that person’s registration and a copy of that person’s current entry in the register.
Where an application for the renewal of a registration is made within the last six months prior to its date of expiry, the registration shall, notwithstanding the passing of the expiry date, continue in force—
until the application is withdrawn or accepted; or
if the Department refuses the application or the relevant period from the making of the application has expired without the applicant having been registered, until—
the expiry of the period for appealing; or
where the applicant gives to the Department written notice within that period that they do not intend to make or continue with an appeal, the date on which such notice is served on the Department.
Where the Department revokes a broker’s or dealer’s registration, the registration shall, notwithstanding the revocation, continue in force until—
the expiry of the period for appealing against the revocation; or
where that person gives to the Department written notice within that period that that person does not intend to make or continue with an appeal, the date on which such notice is served on the Department.
Where an appeal is made under and in accordance with the provisions of paragraph 6—
by a person whose appeal is in respect of such an application for the renewal of their registration as was made, in accordance with paragraph 3, at a time when that person was already registered; or
by a person whose registration has been revoked,
that registration shall continue in force after its date of expiry or, as the case may be, notwithstanding the revocation, until the appeal is disposed of.
A registration in respect of a business which is carried on by a partnership shall cease to have effect if any of the partners ceases to be registered or if any person who is not registered becomes a partner.
The duration of a registration in respect of a business which is carried on by a partnership shall not be affected if a person ceases to be a partner or if a new partner is registered under paragraph 4(7) in relation to the partnership.
Where an application for renewal is made in advance of the expiry date and the Department decides to renew such registration, the renewal shall for the purposes of this Schedule take effect from the expiry date.
Annotations
Textual amendments
- F1
Sch. 4 substituted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 41 (with reg. 9(2))