# The Special Waste (Amendment) Regulations 1997

S.I. 1997/251 · made 6 February 1997

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.

Made under: Environmental Protection Act 1990

## Introductory text

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 1990 and all other powers enabling him in that behalf, hereby makes the following Regulations:

## 1 Citation and commencement

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

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

In the Special Waste Regulations 1996:
(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 5 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.

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Source: https://www.legislation.gov.uk/uksi/1997/251 (the official version)
Page: https://openlegislation.uk/special-waste-amendment-regulations-1997
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.