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Prescribed offences

If any of the following has an unspent conviction for a 'prescribed offence' you must discuss your registration with a SEPA officer. 

  • You (the business owner, partnership or company)
  • An employee in your business
  • An officer in your business
  • An organisation in which an officer in your business is/was an officer

(When we say "an officer" we mean a director, manager, secretary or similar officer of a company; or a partner in a firm).

A prescribed offence relates to the following legislation (accurate as of 12/02/2022:

  • Section 22 of the Public Health (Scotland) Act 1897.
  • Section 95(1) of the Public Health Act 1936.
  • Section 60 of the Transport Act 1968.
  • Sections 3, 5(6), 16(4), 18(2), 31(1), 32(1), 34(5), 78, 92(6) and 93(3) of the Control of Pollution Act 1974.
  • Section 2 of the Refuse Disposal (Amenity) Act 1978.
  • The Control of Pollution (Special Waste) Regulations 1980.
  • Section 9(1) of the Food and Environment Protection Act 1985.
  • The Transfrontier Shipment of Hazardous Waste Regulations 1988.
  • The Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1988.
  • Sections 1, 5, 6(9) and 7(3) of the Control of Pollution (Amendment) Act 1989.
  • Sections 107, 118(4) and 175(1) of the Water Act 1989.
  • Sections 23(1), 33, 34(6)44, 47(6), 57(5), 59(5), 63(2), 69(9), 70(4), 71(3) and 80(4) of the Environmental Protection Act 1990.

[The Transfrontier Shipment of Waste Regulations 1994.]

[The Special Waste Regulations 1996.]

[The Pollution Prevention and Control (England and Wales) Regulations 2000.]

[The Pollution Prevention and Control (Scotland) Regulations 2012.]

[The Hazardous Waste (Wales) Regulations 2005.]

[The Hazardous Waste (England and Wales) Regulations 2005.]

[The Environmental Permitting (England and Wales) Regulations 2010.]

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