{
  "url": "https://openlegislation.uk/hazardous-waste-regulations-northern-ireland-2005/regulation-38",
  "json_url": "https://openlegislation.uk/hazardous-waste-regulations-northern-ireland-2005/regulation-38.json",
  "legislation": "nisr/2005/300",
  "legislation_title": "The Hazardous Waste Regulations (Northern Ireland) 2005",
  "legislation_url": "https://openlegislation.uk/hazardous-waste-regulations-northern-ireland-2005",
  "path": "regulation/38",
  "kind": "regulation",
  "number": "38",
  "heading": "Producers', holders' and consignors' records",
  "text": "(1) A producer or holder of hazardous waste, and where different from the producer, a consignor or broker of, or dealer in hazardous waste, shall keep a record of the quantity, nature, origin and the quantity of products and materials resulting from preparing for re-use, recycling or other recovery operations and, where relevant, the destination, frequency of collection, mode of transport and treatment method of the waste.\n(2) Where the waste is transported from the premises where it is produced or held by a person other than the producer or holder the duty in paragraph (1) includes a requirement to keep a record of particulars sufficient to identify that other person.\n(3) Any person required to keep a record by paragraph (1) must preserve it—\n(a) while the person is a holder of the waste or (if not a holder) has control of the waste; and\n(b) for 3 years after the date on which the waste is transferred to another person.\n(4) The information to be recorded pursuant to the foregoing provisions of this regulation shall be recorded chronologically in a register kept by the producer, holder, dealer or broker , as the case may be, for the purpose.\n(4A) The register required to be kept and retained under paragraph (4) by a consignor, other than the producer or holder, shall be kept at his principal place of business.\n(5) Except where paragraph (6) applies, the register required to be kept and retained by a producer or holder under paragraph (4) of this regulation shall be kept at the premises at which the hazardous waste was produced.\n(6) Where the period mentioned in paragraph (3) has not expired, for the remainder of that period the producer or holder shall keep the register at the producer’s or holder’s principal place of business where and only where:\n(a) he ceases to have access to the premises in paragraph (5);\n(b) his access to the premises in paragraph (5) is not and has never been regular access;\nand in either case he shall notify the Department forthwith.\n(7) Any register kept and retained under this regulation shall be provided to the Department in such form and manner as the Department specifies.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 38(1) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 7(10)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 38(3) substituted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 56(2) (with reg. 9(2))"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in reg. 38(4) inserted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 56(3)(a) (with reg. 9(2))"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 38(4) substituted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 56(3)(b) (with reg. 9(2))"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 38(4A) inserted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 56(4) (with reg. 9(2))"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Reg. 38(7) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 7(10)(b)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 38 in operation at 16.7.2005, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2005/300/regulation/38",
    "retrieved_at": "2026-10-29T01:51:48.489924+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}