b

the applicant or another relevant person has been convicted of a relevant offence

5A

A “relevant offence” means an offence under—

a

the Scrap Metal Dealers Act 19647,

b

section 1, 8, 9, 10, 11, 17, 18, 22 or 25 of the Theft Act 19688, where the offence relates to scrap metal or is an environment-related offence,

c

section 170 or 170B of the Customs and Excise Management Act 19799, where the offence relates to scrap metal,

d

section 9 of the Food and Environment Protection Act 198510,

e

section 1, 5 or 7 of the Control of Pollution (Amendment) Act 198911,

f

section 33, 34 or 34B of the Environmental Protection Act 199012,

g

section 85, 202 or 206 of the Water Resources Act 199113,

h

the Transfrontier Shipment of Waste Regulations 199414,

i

section 110 of the Environment Act 199515,

j

the Control of Major Accident Hazards Regulations 199916,

k

the Pollution Prevention and Control (England and Wales) Regulations 200017,

l

Part 1 of the Vehicles (Crimes) Act 200118,

m

regulation 17(1) of the Landfill (England and Wales) Regulations 200219,

n

section 327, 328 or 330 to 332 of the Proceeds of Crime Act 2002 20,

o

the Hazardous Waste (England and Wales) Regulations 200521,

p

the Hazardous Waste (Wales) Regulations 200522,

q

section 1 of the Fraud Act 200623, where the offence relates to scrap metal or is an environment-related offence,

r

the Waste Electrical and Electronic Equipment Regulations 200624,

s

regulation 38 of the Environmental Permitting (England and Wales) Regulations 200725,

t

the Producer Responsibility Obligations (Packaging Waste) Regulations 200726,

u

the Transfrontier Shipment of Waste Regulations 200727,

v

regulation 38 of the Environmental Permitting (England and Wales) Regulations 201028,

w

regulation 42 of these Regulations,

x

section 146 of the Legal Aid, Sentencing and Punishment of Offenders Act 201229,

y

the Waste Electrical and Electronic Equipment Regulations 201330,

z

the Scrap Metal Dealers Act 201331.

5B

A relevant offence also includes—

a

attempting or conspiring to commit a relevant offence;

b

inciting or aiding, abetting, counselling or procuring the commission of a relevant offence; and

c

an offence under Part 2 of the Serious Crime Act 200732 (encouraging or assisting crime) committed in relation to a relevant offence.

5C

For the purposes of paragraph (5A)—

• “environment-related offence” means an offence which relates to the transportation, shipment or transfer of waste, or to the prevention, minimisation or control of pollution of the air, water or land which may give rise to any harm;

• “harm” means—

  1. a

     harm to the health of human beings or other living organisms;

  2. b

     harm to the quality of the environment;

  3. c

     offence to the senses of human beings;

  4. d

     damage to property; or

  5. e

     impairment of, or interference with, amenities or other legitimate uses of the environment.

6A

The appropriate body must, on payment of a reasonable charge, provide any person who has been provided with a certificate of registration under paragraph (6) with a copy of the certificate if requested.

6B

The appropriate body must ensure that any copy is numbered and marked so as to show that it is a copy of the certificate and that it has been provided by the appropriate body under this regulation.