A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

By Michael Fry | Go to book overview

The Waste Management Licensing (Scotland) Regulations 1996
S.I. 1996 No. 916 (S.100)The Secretary of State, in exercise of powers conferred on him by section 74(6) of the Environment Act 19901 and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement, application and interpretation
1. (1) These Regulations may be cited as the Waste Management Licensing ( Scotland) Regulations 1996, shall extend to Scotland only and shall come into force on 1st May 1996."the 1990 Act" means the Environment Protection Act 1990; "the principal Regulations" means the Waste Management Licensing Regulations 1994;2 and "Table 1" means Table 1 in regulation 4(1) of the principal Regulations.3
Technical competence--transitional provisions
2. (1) Where before 1st October 1996 a person has applied to the Waste Management Industry Training and Advisory Board for a certificate of technical competence and at any time in the 15 months ending on that date he acted as the manager of a facility of a type listed in Table 1 for which the certificate is a relevant certificate, then, until 1st October 2001, regulation 4 of the principal Regulations4 shall not apply to him in relation to either--
a. any facility of that type; or
b. a facility of any other type if--
(i) the certificate is a relevant certificate for that other type of facility; and
(ii)the entry for that other type of facility appears, in Table 1, after the entry in that Table for the type of facility in respect of which he acted as the manager,
and he shall be treated as technically competent for the purposes of section 74(3) (b) of the 1990 Act5 in relation to any such facility.(2) Where a person is aged 55 or over on 1st October 1996 and in the 10 years ending on that date he has had at least 5 years experience as the manager of a facility of a type listed in Table 1, then, until 1st October 2006, regulation 4 of the principal Regulations shall not apply to him in relation to either--
a. any facility of that type; or
b. a facility of any other type if each certificate which is a relevant certificate for the type of facility in relation to which he has had such experience as manager is also a relevant certificate for that other type of facility,

and he shall be treated as technically competent for the purposes of section 74(3) (b) of the 1990 Act in relation to any such facility.

(3) Where at any time in the 12 months ending on 1st October 1996 a person has acted as the manager of a facility, regulation 4 of the principal Regulations shall not apply to him in relation to that

____________________
1
P.158 above.
2
P.675 above.
3
P.679 above.
4
P.679 above.
5
P.158 above.

-761-

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