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The Waste Batteries and Accumulators Regulations 2009

S.I. 2009/890 · Made 7 April 2009 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 27 February 2025.

Environmental Protection

Made 7th April 2009

Laid before Parliament 14th April 2009

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations under the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 M1.

The Secretary of State is designated M2 for the purposes of that Act in respect of matters relating to batteries and accumulators.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to Community instruments to be construed as a reference to those instruments as amended from time to time.

Annotations to the whole text

Marginal citations

M1

1972 c. 68. Paragraph 1A of Schedule 2 to the European Communities Act 1972 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

M2

S.I. 2007/3471.

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 2AModifications to the Waste Framework Directive
  5. 3Meaning of appropriate authority
  6. 4Service of documents
  7. 5Signature of documents: meaning of appropriate person
  8. 5ADelegation of document-signing function
  9. 6Application
  10. Part 2: PRODUCER OBLIGATIONS: PORTABLE BATTERIES
  11. 7Financing: portable batteries
  12. 8Calculation of a producer's share
  13. 9Duty to be a member of a battery compliance scheme
  14. 10Effect of membership of a battery compliance scheme
  15. 11Information provided to operators of battery compliance schemes
  16. 12Record keeping
  17. 13Reporting: portable batteries placed on the market by a small producer
  18. 14Charges in relation to small producers
  19. 15Duty to join another scheme on withdrawal of approval
  20. 16Treatment, recycling, record keeping and reporting after withdrawal of scheme approval
  21. 17Duty of the appropriate authority to determine and notify producer's share
  22. 18Declaration of compliance by producer
  23. Part 3: OBLIGATIONS OF BATTERY COMPLIANCE SCHEMES AND REGISTRATION OF PRODUCERS OF PORTABLE BATTERIES
  24. 19Financing: portable batteries
  25. 20Duty of the appropriate authority to determine and notify scheme operator's aggregate share of costs
  26. 21Treatment and recycling
  27. 22Record keeping
  28. 23Reporting: batteries placed on the market by scheme members
  29. 24Reporting: waste batteries
  30. 25Declaration of compliance by battery compliance scheme
  31. 26Registration of producers of portable batteries
  32. 27Form of an application to register scheme members or a small producer
  33. 28Duties of the appropriate authority in relation to applications to register producers of portable batteries
  34. 29Notification of changes to registration details
  35. 30Declaration of battery producer registration number
  36. Part 4: PORTABLE BATTERIES: OBLIGATIONS AND RIGHTS OF DISTRIBUTORS AND OTHER ECONOMIC OPERATORS
  37. 31Take back
  38. 32Distributor's right to request collection of waste batteries
  39. 33Right of economic operators to participate in collection, treatment and recycling schemes
  40. 34Prohibition on showing the costs of collection, treatment and recycling of portable batteries
  41. Part 5: PRODUCER OBLIGATIONS: INDUSTRIAL AND AUTOMOTIVE BATTERIES
  42. 35Take back: industrial batteries
  43. 36Collection: automotive batteries
  44. 37Alternative financing agreements
  45. 38Treatment and recycling
  46. 39Record keeping
  47. 40Reporting: industrial and automotive batteries placed on the market
  48. 41Reporting: waste batteries
  49. 42Registration of producers: industrial batteries or automotive batteries
  50. 43Application to register
  51. 44Notification of changes to registration details
  52. 45Duties of the Secretary of State in relation to registration of producers
  53. 46Declaration of battery producer registration number
  54. Part 6: APPROVAL OF BATTERY COMPLIANCE SCHEMES
  55. 47Application for approval of a proposed battery compliance scheme
  56. 48Further information in respect of an application
  57. 49Approval of proposed schemes
  58. 50Notification of determination
  59. 51Effect and consequences of approval
  60. 52Conditions of approval
  61. 53Annual confirmation of approval of a battery compliance scheme Repealed
  62. 54Withdrawal of approval of a battery compliance scheme
  63. 55Charges
  64. Part 7: DISPOSAL, TREATMENT AND RECYCLING
  65. 56Prohibition on disposing of waste automotive and industrial batteries in a landfill or by incineration
  66. 56AModification of the Landfill Directive
  67. 57Requirement for approval of battery treatment operators and exporters
  68. 58Application for approval
  69. 59Decision in relation to application
  70. 60Notification of decision
  71. 61Effect and consequences of a grant of approval
  72. 62Application for extension of approval of an exporter to an additional site
  73. 63Conditions of approval
  74. 64Suspension and cancellation of approval
  75. 65Charges
  76. 66Reporting
  77. 67Record keeping
  78. Part 8: POWERS AND DUTIES OF THE SECRETARY OF STATE
  79. 68Information for end-users of batteries
  80. 69Batteries evidence notes
  81. 70Overarching objective: maximising collection of portable batteries
  82. 71Increased environmental performance
  83. 72New recycling technologies
  84. 73Information for appropriate authorities in relation to producers of industrial or automotive batteries
  85. 74Reports and information provided by producers of industrial and automotive batteries
  86. 75Monitoring
  87. Part 9: DUTIES OF THE APPROPRIATE AUTHORITIES
  88. 76Registration of producers
  89. 77Information for appropriate authorities and the Secretary of State in relation to producers of portable batteries
  90. 78Monitoring
  91. 79General duties in relation to battery compliance schemes
  92. 80General duties in relation to approved battery treatment operators and approved exporters
  93. 81Information: portable batteries
  94. Part 10: DISCLOSURE OF INFORMATION
  95. 82Disclosure of information
  96. Part 11: APPEALS
  97. 83Right of appeal
  98. 84Procedure of appeals
  99. 85Determination of appeals
  100. Part 12: ENFORCEMENT
  101. 86Enforcement authorities
  102. 87Enforcement notices
  103. 88Powers of entry and inspection
  104. Part 13: OFFENCES AND PENALTIES
  105. 89Offences
  106. 90Penalties
  107. 91Commencement of proceedings
  108. Part 14: AMENDMENTS TO OTHER ENACTMENTS
  109. 92Amendments to other enactments
  110. Signature
  111. Schedule 1
  112. Part 1: Information and declaration to be included in a declaration of compliance by a producer
  113. 1Paragraph 1
  114. 2Paragraph 2
  115. 3Paragraph 3
  116. 4Paragraph 4
  117. 5Paragraph 5
  118. Part 2: Information and declaration to be included in a declaration of compliance by a scheme operator
  119. 6Paragraph 6
  120. 7Paragraph 7
  121. 8Paragraph 8
  122. 9Paragraph 9
  123. 10Paragraph 10
  124. Schedule 2: Information to be included in an application for registration of producers
  125. 1Paragraph 1
  126. 2Paragraph 2
  127. 3Paragraph 3
  128. 4Paragraph 4
  129. 5Paragraph 5
  130. 6Paragraph 6
  131. 7Paragraph 7
  132. 8Paragraph 8
  133. 9Paragraph 9
  134. Schedule 3: Approval of proposed schemes
  135. Part 1: Information to be included in an application for approval
  136. 1Paragraph 1
  137. 2Paragraph 2
  138. 3Paragraph 3
  139. 4Paragraph 4
  140. 5Paragraph 5
  141. 6Paragraph 6
  142. 7Paragraph 7
  143. 8Paragraph 8
  144. Part 2: Information to be included in the operational plan Repealed
  145. 9Paragraph 9 Repealed
  146. 10Paragraph 10 Repealed
  147. Part 3: Criteria for approval of a proposed scheme
  148. 11Paragraph 11
  149. 12Paragraph 12
  150. 13Paragraph 13
  151. 14Paragraph 14
  152. 15Paragraph 15
  153. Schedule 4: Approval of battery treatment operators and exporters
  154. Part 1: Information to be included in an application for approval
  155. 1Paragraph 1
  156. 2Paragraph 2
  157. 3Paragraph 3
  158. 4Paragraph 4
  159. 5Paragraph 5
  160. 6Paragraph 6
  161. 7Paragraph 7
  162. 8Paragraph 8
  163. 9Paragraph 9
  164. Part 2: General conditions of approval
  165. 10Paragraph 10
  166. 11Paragraph 11
  167. 12Paragraph 12
  168. Part 3: Conditions of approval relating to portable batteries: approved battery treatment operators
  169. 13Paragraph 13
  170. 14Paragraph 14
  171. 15Paragraph 15
  172. 16Paragraph 16
  173. 17Paragraph 17
  174. 18Paragraph 18
  175. 19Paragraph 19
  176. 20Paragraph 20
  177. 21Paragraph 21
  178. Part 4: Conditions of approval relating to portable batteries: approved battery exporters
  179. 22Paragraph 22
  180. 23Paragraph 23
  181. 24Paragraph 24
  182. 25Paragraph 25
  183. 26Paragraph 26
  184. 27Paragraph 27
  185. 28Paragraph 28
  186. Schedule 5Crossed out wheeled bin symbol
  187. Schedule 6: Register of producers
  188. 1Paragraph 1
  189. 2Paragraph 2
  190. 3Paragraph 3
  191. 4Paragraph 4
  192. 5Paragraph 5
  193. 6Paragraph 6
  194. 7Paragraph 7
  195. Schedule 7: Appeals
  196. Part 1: Procedure of appeals (other than those to the Planning Appeals Commission)
  197. 1Paragraph 1
  198. 2Paragraph 2
  199. 3Paragraph 3
  200. 4Paragraph 4
  201. Part 2: Appeals to the Planning Appeals Commission
  202. 5Paragraph 5
  203. 6Paragraph 6
  204. 7Paragraph 7
  205. 8Paragraph 8
  206. 9Paragraph 9
  207. Schedule 8: Amendments to other enactments
  208. 1Amendment to the Environment Act 1995
  209. 2Amendments to the Environmental Permitting (England and Wales) Regulations 2007
  210. Explanatory note