OpenLegislation

The Special Waste (Amendment) Regulations 1997

S.I. 1997/251 · Made 6 February 1997

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument has been made in consequence of a defect in SI 1996/972 and is being issued free of charge to all known recipients of that Statutory Instrument

ENVIRONMENTAL PROTECTION

Made 6th February 1997

Laid before Parliament 7th February 1997

Coming into force 28th February 1997

The Secretary of State, in exercise of the powers conferred by section 74(6) of the Environmental Protection Act 1990f1 and all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1990 c. 43.

Contents

  1. 1Citation and commencement
  2. 2Transitional provisions for certificates of technical competence for handling special waste
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Special Waste (Amendment) Regulations 1997 and shall come into force on 28th February 1997.

2Transitional provisions for certificates of technical competence for handling special waste

In the Special Waste Regulations 1996f1:

(a)

in regulation 20(1)(b)(ii), for “5” there shall be substituted “5(1)”;

(b)

after regulation 20, the following regulation shall be inserted:

“Transitional provisions and “grandfather rights”

20A

A person who by virtue of paragraph (2) of regulation 5f2 of the 1994 Regulations is treated as being technically competent for the purposes of section 74(3)(b) of the 1990 Act, shall continue to be so treated in accordance with paragraphs (2) and (4) of that regulation as if waste now defined as special waste within the meaning of regulation 20(1)(a) were not special waste.”

Signature

Signed by authority of the Secretary of State

Ferrers

Minister of State,

Department of the Environment

6th February 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations amend regulation 20 of, and insert regulation 20A into, the Special Waste Regulations 1996. Those provisions relate to the qualifications and experience required in order for a person to be treated as technically competent within the meaning of section 74 of the Environmental Protection Act 1990. They make transitional provisions for determining that competence on the coming into force on 1st September 1996 of the new definition of special waste. The amendments allow those whose qualifications as to technical competence are based on their experience under regulation 5(2) of the Waste Management Licensing Regulations 1994 to continue to deal with waste newly defined as special regardless of that new definition. It removes, for those persons only, the requirement to make an application for a certificate of technical competence.