Explanatory note

These Regulations amend provisions of the Controlled Waste Regulations 1992 (“the 1992 Regulations”) relating to scrap metal.

Section 34 of the Environmental Protection Act 1990 (“the Act”) imposes a duty of care on any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a broker, has control of such waste. Regulations 3(2) and 7(2) of the 1992 Regulations provide that scrap metal shall not be treated as household waste, industrial waste or commercial waste for the purposes of that section at any time before 1st April 1993.

The effect of the amendments made by these Regulations is that the duty of care under section 34 of the Act will not apply in relation to scrap metal until the day on which the disposal licensing provisions of Part I of the Control of Pollution Act 1974 for scrap metal are repealed.