Regulation 6 Consignment notes: cases in which pre-notification is not requiredF1
England, Wales and Scotland
For the purposes of regulation 7, except in a case to which regulation 8 applies, this regulation applies—
subject to paragraph (2)(a), to the removal, from the premises at which it is being held, of each of the second and any subsequent consignment of special waste in a succession of consignments of special waste,
subject to paragraph (2)(b), to the removal as a consignment of special waste of a product or material for the purposes of the return by the person to whom the product or material had been supplied to the person who supplied it to him or who manufactured it,
subject to paragraph (2)(c), to the removal of a consignment of special waste where the consignor and the consignee are bodies corporate belonging to the same group,
to the removal from a ship in a harbour area of a consignment of special waste to a conveyance for transportation to a place outside that area, and
to the removal of a consignment of special waste which consists entirely of lead acid F2motor vehicle batteries.
This regulation does not apply unless—
in the case mentioned in paragraph (1)(a), in respect of each consignment—
the waste is of the same description as the waste in the first of the consignments in the succession;
the consignor is the same person;
the consignee is the same person;
the premises from which the consignment is removed are the same;
the place to which the consignment is transported is the same; and
the removal of the consignment takes place within one year of the removal of the first consignment in the succession;
in the case mentioned in paragraph (1)(b), the person to whom the product or material was supplied is satisfied that, as supplied, the product or material fails to meet any specification which he expected it to meet;
in the case mentioned in paragraph (1)(c), the removal is for the purposes of F4recovery or disposal and the consignee either—
is the holder of a F5environmental authorisation which authorises the relevant operation, or
carries on any activity to which section 33(1)(a) and (b) of the 1990 Act does not apply by virtue of regulation 16 or 17 of the 2011 regulations.
In paragraph (1)(c) “group", in relation to a body corporate, means that body corporate, any other body corporate which is its holding company or subsidiary and any other body corporate which is a subsidiary of that holding company; and for these purposes—
“body corporate" does not include a corporation sole or a Scottish partnership, but includes a company incorporated elsewhere than in Great Britain; and
“holding company" and “subsidiary" have the meaning given by section 736 of the Companies Act 1985 M1.
Annotations
Textual amendments
- F1
Regulations revoked (E.) (16.7.2005) by The Hazardous Waste (England and Wales)Regulations 2005 (S.I. 2005/894), reg. 76 (with reg. 75) and Regulations revoked (W.) (16.7.2005) by The Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806), reg. 72(1) (with reg. 72(2))
- F2
Words in reg. 6(1)(e) omitted (E.) (1.11.2001) by virtue of The Special Waste (Amendment) (England and Wales) Regulations 2001 (S.I. 2001/3148), regs. 1(1)(a), 4 and words in reg. 6(1)(e) omitted (W.) (1.11.2001) by virtue of The Special Waste (Amendment) (Wales) Regulations 2001 (S.I. 2001/3545), regs. 1(2)(a), 4
- F3
Reg. 6(2)(c) substituted (S.) (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 10(3)
- F4
Words in reg. 6(2)(c) substituted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 13(5) (with sch. 23)
- F5
Words in reg. 6(2)(c) substituted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 13(3) (with sch. 23)
Marginal citations
- M1
1985 c.6; section 736 is substituted by section 144(1) of the Companies Act 1989 (c.40).