Appendix 2 S.I. 2004/1375: memorandum
from the Department for Environment, Food and Rural Affairs
Landfill (England and Wales) (Amendment) Regulations
2004 (S.I. 2004/1375)
1. By a letter of 22nd June 2004 the Committee has
requested a memorandum on the following point in relation to the
above instrument.
Given the terms of paragraph 1.1.4 (c) of the
Annex to the Council Decision, should not "or" between
sub-paragraphs (i) and (ii) of paragraph 5(3)(c) of Schedule 1
read "and"?
2. The Department assumes that the Committee is referring
to paragraph 5(4)(c) of Schedule 1. The Department agrees that
the terms of paragraph 1.1.4 (c) require that the conditions of
both sub-paragraphs (i) and (ii) of paragraph 5(4)(c) are met
and acknowledges that "or" between the sub-paragraphs
should be replaced by "and". The Department is grateful
to the Committee for drawing this point to its attention. A further
set of Regulations is required to transpose elements of the Decision
which have not yet been addressed. The Department will include
an appropriate amendment in those Regulations so that the relevant
provision is amended well before it comes into force on 16 July
2005.
23 June 2004
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