s 6 Borrowing and banking of landfill allowances
(1) An allocating authority may by regulations make provision for a waste disposal authority in its area to utilise for a scheme year landfill allowances allocated to it for a different scheme year. (2) Regulations under subsection (1) may not provide for— (a) the utilisation for a target year of allowances not allocated for that year; (b) the utilisation for a scheme year later than a target year of allowances allocated for a scheme year earlier than that target year; (c) the utilisation for a scheme year earlier than a target year of allowances allocated for a scheme year later than that target year. (3) Regulations under subsection (1) may (in particular)— (a) make provision relating only to allowances allocated for specified scheme years; (b) make provision for allowances allocated for a scheme year to be utilised for a different scheme year only if— (i) that different scheme year is a specified scheme year; (ii) specified conditions are satisfied; (c) make provision for quantitative limits on inter-year utilisation of allowances; (d) make provision authorising the allocating authority to suspend inter-year utilisation of allowances— (i) whether indefinitely or for a fixed period, and (ii) whether generally or to a limited extent; (e) make provision for a person to carry out, in relation to inter-year utilisation of allowances, all or any of the functions of registrar and overseer; (f) make provision imposing, or enabling the imposition of, requirements on waste disposal authorities to provide information in relation to their inter-year utilisation of allowances; (g) make provision for an authority to be liable to a penalty if it fails to comply with a requirement imposed on it by or under provision of the kind mentioned in paragraph (f); (h) make provision generally in connection with the administration or regulation of inter-year utilisation of allowances; (i) make provision for the levying of fees and charges on persons engaged in inter-year utilisation of allowances; (j) make provision creating offences for breaches of provisions of regulations under subsection (1). (4) In subsection (3) “ specified ” means specified by, or determined in accordance with, regulations under subsection (1).