# The Controlled Waste (England and Wales) Regulations 2012, Paragraph 4: Household waste for which collection and disposal charges may be made

Extent: E+W

(1) The second column of the table in this paragraph describes waste which is household waste (by virtue of section 75(5) of the Act) or waste which is to be treated as household waste (by virtue of paragraph 2 or 3).
(2) The third column indicates which household waste is prescribed for the purposes of section 45(3) of the Act (cases in respect of which a charge for collection may be made).
(3) Subject to sub-paragraphs (5) and sub-paragraph (8), the fourth column indicates which waste must be treated as commercial waste for the purposes of the following provisions of the Act—
(a) section 45(4) to the extent that it concerns liability to pay a reasonable charge for disposal of commercial waste and the recovery of such a charge; and
(b) section 52(9) (which entitles waste disposal authorities to reimbursement by waste collection authorities in relation to costs incurred in arranging the disposal of commercial and industrial waste).
(4) Sub-paragraphs (5) to (8) apply Sub-paragraph (8) applies in England only.
(5) Nothing in sub-paragraph (3) has the effect of making a person liable to pay a charge under section 45(4) of the Act for the disposal of waste if the first and second conditions are satisfied.
(6) The first condition is that no charge would have been payable under section 45(4) of the Act for the disposal of that waste had it been collected under section 45(1) of the Act before the coming into force of these Regulations.
(7) The second condition is that the waste is from a hereditament as regards which the person is subject to a non-domestic rate under section 43(1) of the Local Government Finance Act 1988, for which the chargeable amount payable is calculated in accordance with section 43(4A)(a) of that Act.
(8) In relation to entry 15 of the table (waste from premises forming part of a university, school or other educational establishment), nothing in sub-paragraph (4) sub-paragraph (3) has the effect of making a person liable to pay a charge under section 45(4) of the Act for the disposal of waste from premises forming part of—
(a) a school maintained by a local authority (within the meaning of section 142(1) of the School Standards and Framework Act 1998),
(b) an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or
(c) an Academy (within the meaning of section 1(10) of the Academies Act 2010),
if, immediately before the coming into force of these Regulations, the collection of waste from those premises was being undertaken pursuant to arrangements made under section 45(1) of the Act.
Collection and disposal charges
No.
Description of household waste
Collection charge
Disposal charge
1
Any article of waste which exceeds 25kg in weight
Yes
No, subject to entries 11 to 17
2
Any article of waste which does not fit or cannot be fitted into—
(a)a receptacle for household waste provided in accordance with section 46 of the Act; or
(b)where no such receptacle is provided, a cylindrical container 750mm in diameter and 1m in length
Yes
No, subject to entries 11 to 17
3
Garden waste
Yes
No, subject to entries 11 to 17
4
Dead domestic pets
Yes
No, subject to entries 11 to 17
5
Waste oil or grease
Yes
No, subject to entries 11 to 17
6
Asbestos
Yes
No, subject to entries 11 to 17
7
Waste which may not be put into a receptacle provided under section 46 of the Act because of a notice served under that section
Yes
No, subject to entries 11 to 17
8
Waste from premises used wholly or mainly for public meetings
Yes
No
9
Clinical waste and offensive waste produced at a domestic property, a caravan or a vehicle or vessel used wholly for the purposes of living accommodation
Yes
No
10
Waste from a residential hostel which provides accommodation only to persons with no other permanent address or who are unable to live at their permanent address
Yes
No
11
Waste from a charity shop selling donated goods originating from domestic property
Yes
Yes, but only to the extent that the waste originated from non-domestic property
12
Waste from premises occupied by—
(a)a community interest company (being a company which is registered as such with the registrar of companies), or
(b)a charity or other not for profit body,
which collects goods for re-use or waste to prepare for re-use from domestic property
Yes
Yes, but only to the extent that the waste originated from non-domestic property
13
Litter and refuse collected under section 89(1)(f) of the Act
Yes
Yes
14
Waste from a residential home or land belonging to or wholly or mainly used in connection with a residential home
Yes
Yes
15
Waste from premises forming part of a university, school or other educational establishment
Yes
In Wales: yes
In England: yes, subject to paragraph 4(8)
16
Waste from premises forming part of a hospital or nursing home except for waste from a residential hostel forming such part which provides accommodation only to persons with no other permanent address
Yes
Yes
17
Waste from a penal institution
Yes
Yes

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Source: https://www.legislation.gov.uk/uksi/2012/811/schedule/1/paragraph/4 (the official version)
Page: https://openlegislation.uk/controlled-waste-england-and-wales-regulations-2012/schedule-1/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.