Paragraph 3

For regulation 2 (meaning of special waste) there shall be substituted the following regulation—

“Meaning of special waste

2

(1)

Any controlled waste, other than household waste,—

(a)

to which a six-digit code is assigned in the list set out in Part I of Schedule 2 to these Regulations (which reproduces the list of hazardous waste annexed to Council Decision 94/904/EC^f1 establishing a list of hazardous waste pursuant to Article 1(4) of the Hazardous Waste Directive); and

(b)

which displays any of the properties specified in Part II of that Schedule (which reproduces Annex III to the Hazardous Waste Directive),

is special waste.

(2)

Any other controlled waste, other than household waste, which—

(a)

displays the property H3-A (first indent), H4, H5, H6, H7 or H8 specified in Part II of Schedule 2 to these Regulations; or

(b)

is a medicinal product, as defined in section 130 of the Medicines Act 1968^f2 (meaning of “medicinal product” etc.), of a description, or falling within a class, specified in an order under section 58 of that Act^f3 (medicinal products on prescription only),

is special waste.

(3)

For the purposes of paragraphs (1) and (2) waste shall be treated as displaying none of the properties H4 to H8 specified in Part II of Schedule 2 to these Regulations if it satisfies none of the criteria set out in Part III of that Schedule.

(4)

Part IV of Schedule 2 to these Regulations (which contains rules for the interpretation of that Schedule) shall have effect.”.