Explanatory note

These Regulations amend Schedule 1 of the Controlled Waste (England and Wales) Regulations 2012 (S.I. 2012/811) as they apply in England.

Regulation 2(2) replaces old entry 9 of the Table entitled “Classification by nature of waste or activity producing waste” with new entry 9. The amended entry has the effect of adding an additional purpose for when construction waste is treated as household waste, which is for the purpose of section 51 of the Environmental Protection Act 1990 (c. 43) (“the Act”), concerning the functions of waste disposal authorities, but only when the waste meets the description set out in column 4 of the entry. If the waste does not meet that description, the waste remains to be treated as industrial waste for the purpose of section 51 of the Act and waste disposal authorities can charge to dispose of it.