Section 45A England: separate collection of household wasteF1C1
England and Wales
This section applies in relation to arrangements made under section 45(1)(a) for an English waste collection authority to collect household waste, unless they are arrangements in relation to which section 45AZA applies.
The arrangements must meet the conditions in subsections (3) to (8) (subject to any provision in regulations under section 45AZC).
The first condition is that recyclable household waste must be collected separately from other household waste.
The second condition is that recyclable household waste must be collected for recycling or composting.
The third condition is that recyclable household waste in each recyclable waste stream must be collected separately, except so far as provided by subsection (6).
Recyclable household waste in two or more recyclable waste streams may be collected together where—
it is not technically or economically practicable to collect recyclable household waste in those recyclable waste streams separately, or
collecting recyclable household waste in those recyclable waste streams separately has no significant environmental benefit (having regard to the overall environmental impact of collecting it separately and of collecting it together).
But recyclable household waste within subsection (10)(a) to (d) may not be collected together with recyclable household waste within subsection (10)(e) or (f).
The fourth condition is that recyclable household waste which is food waste must be collected at least once a week.
Household waste is “recyclable household waste” if—
it is within any of the recyclable waste streams, and
it is of a description specified in regulations made by the Secretary of State.
For the purposes of this section the recyclable waste streams are—
glass;
metal;
plastic;
paper and card;
food waste;
garden waste.
Annotations
Textual amendments
- F1
Ss. 45A-45AZG substituted for s. 45A (17.5.2024) by Environment Act 2021 (c. 30), ss. 57(4), 147(3) (with s. 144); S.I. 2024/639, reg. 2(a) (with regs. 5, 6, 7, Sch.)
Modifications
- C1
S. 45A modified (E.W.) (30.6.2024) by The Separation of Waste (England) Regulations 2024 (S.I. 2024/666), regs. 1(2)(5), 3(2)-(4), Sch. 1 Pts. 2-7
- C2
S. 45A(5) excluded (31.3.2025) by The Separation of Waste (England) Regulations 2025 (S.I. 2025/140), regs. 1(2), 3(1)
Notes on Part II
Modifications
- C1
Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))
Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)
Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
- C2
Pt. 2 modified (S.) (27.3.2011) by The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 1(1), sch. 4 para. 11 (with regs. 31-33)
- C3
Pt. 2 modified (E.W.) (6.4.2012) by The Controlled Waste (England and Wales) Regulations 2012 (S.I. 2012/811), regs. 1(3), 5
Commencement
- I1
Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2
Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.
Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)