Contents
1Citation, commencement and application#
(1)These Regulations may be cited as the Waste Management Licensing (Amendment) (Wales) Regulations 2003 and come into force on 1st April 2003.
(2)These Regulations apply to Wales.
2Amendment of the Waste Management Licensing Regulations 1994#
The Waste Management Licensing Regulations 1994 are hereby amended in accordance with the following provisions of these Regulations.
3Interpretation – scrap metal dealer#
In regulation 1(3), for the definition of “scrap metal” there is substituted the following—“• “scrap metal dealer” has the meaning given by section 9(1), and “scrap metal” has the meaning given by section 9(2), of the Scrap Metal Dealers Act 1964(fn);”
4Interpretation – scrap metal dealer#
In relation to the substituted definition in regulation 1(3) there is inserted in the appropriate place the following footnote—“fn 1964 c. 69. Section 9(1) was amended by section 43 of, and paragraph 2 of the Schedule to, the Vehicles (Crime) Act 2001 (c. 3). There are other amendments to that Act not relevant to these Regulations.”
5Technical competence#
For regulation 4 there is substituted the following—“4 1 Subject to paragraph (2) of this regulation and regulation 5 below, and without prejudice to the European Communities (Recognition of Professional Qualifications) (Second General System) Regulation 2002(fn), Schedule 1A has effect to prescribe for the purposes of section 74(3)(b) of the 1990 Act (management of activities to be in the hands of a technically competent person) the qualifications required of a person if that person is to be considered technically competent in relation to a facility of a type listed in Table 1 of that Schedule.2 Paragraph (1) does not apply in relation to a facility which is used exclusively for the purpose of—a carrying on business as a scrap metal dealer;b dismantling motor vehicles; orc the burial of dead domestic pets.”
6Technical competence#
In relation to the substituted regulation 4 there is inserted in the appropriate place the following footnote—“fn S.I. 2002/2934, implementing Council Directive 92/51/EEC on a second general system for the recognition of professional education and training. Part 1 of Schedule 2 (Professions Regulated by Law or Public Authority) designates the Waste Management Industry Training and Advisory Body as the authority for certified technically competent persons.”
7Transitional provision#
In regulation 5, the following paragraph is added at the end—“8 Where—a a person was technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to a type of facility immediately prior to the coming into force of the Waste Management Licensing (Amendment) (Wales) Regulations 2003 (“the 2003 Regulations”) (whether or not the management of a facility of that type was in the hands of that person at that time); andb that person would, in order to manage a facility of that type, be required to obtain a new certificate in order to remain technically competent in relation to thereto as a result of the 2003 Regulationsthen, until 31 March 2005, that person shall be treated as technically competent in relation to a facility of that type for the purposes of section 74(3)(b) of the 1990 Act.”
8Insertion of Schedule 1A#
There is inserted into the Waste Management Licensing Regulations 1994, after Schedule 1, the schedule set out in the Schedule to these Regulations.
Schedule
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