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The Waste Batteries and Accumulators (Amendment) Regulations 2015

S.I. 2015/1935 · Made 18 November 2015 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2016.

Environmental Protection

Made 18th November 2015

Laid before Parliament 26th November 2015

Coming into force 1st January 2016

The Secretary of State makes these Regulations under the powers conferred by section 2(2) of the European Communities Act 1972f1.

The Secretary of State is designatedf2 for the purposes of the Act in relation to batteries and accumulators.

Annotations to the whole text

Footnotes

f1

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

f2

S.I. 2007/3471.

Contents

  1. 1Citation, commencement and amendment
  2. 2New regulation 5A
  3. 3Regulation 19
  4. 4Regulation 47
  5. 5Regulation 49
  6. 6Regulation 52
  7. 7Regulation 53
  8. 8Regulation 66
  9. 9Regulation 67
  10. 10Schedule 3
  11. Signature
  12. Explanatory note

1Citation, commencement and amendmentI1

(1)

These Regulations may be cited as the Waste Batteries and Accumulators (Amendment) Regulations 2015 and come into force on 1st January 2016.

(2)

The Waste Batteries and Accumulators Regulations 2009f1 are amended in accordance with regulations 2 to 10.

2New regulation 5AI1

After regulation 5 (signature of documents: meaning of appropriate person), insert—

“Delegation of document-signing function

5A.
(1)

The appropriate authority may approve the delegation by an appropriate person of the function of signing documents or information under these Regulations to any other person.

(2)

A person who proposes to delegate under paragraph (1) must apply for approval to the appropriate authority on a form supplied for that purpose by the authority and signed by the person.

(3)

An application for approval under paragraph (2) must, within 28 days of receipt of the application—

(a)

be granted where the appropriate authority is satisfied that the proposed delegate, taking into account the factors specified in paragraph (4), is capable of carrying out the function; or

(b)

otherwise be refused.

(4)

The factors mentioned in paragraph (3)(a) are—

(a)

if the proposed delegate is an employee of the producer or the operator of the scheme, the proposed delegate’s level of seniority;

(b)

if the proposed delegate is not an employee of the producer or the operator of the scheme, the nature of the proposed delegate’s relationship with the appropriate person;

(c)

the degree of the proposed delegate’s knowledge of, or access to, information necessary for the purposes of carrying out the function; and

(d)

any other factor which the appropriate authority reasonably thinks relevant.

(5)

An approval granted in accordance with paragraph (3)(a) may be for such period, or subject to such other conditions, as the appropriate authority may specify.

(6)

Where an application for approval is granted in accordance with paragraph (3)(a), the appropriate authority must, within 28 days of its decision, notify the appropriate person in writing of this and of any conditions it has imposed pursuant to paragraph (5).

(7)

A person whose function has been delegated in accordance with paragraph (3)(a) may continue to perform the function.

(8)

The appropriate authority may withdraw an approval granted under paragraph (3)(a) and, if so, must notify the appropriate person in writing of this and of—

(a)

the reasons for withdrawal of the approval; and

(b)

the date when the withdrawal takes effect, not being earlier than 28 days from the date of the notice.

(9)

If an appropriate person proposes to revoke a delegation approved under paragraph (3)(a), the person must serve written notice on the appropriate authority of this and of the date when the revocation takes effect, not being earlier than 28 days from the date of the notice.

(10)

For the purposes of these Regulations, an act of a delegate acting in accordance with an approval granted under paragraph (3)(a) is treated as an act of the appropriate person.”.

3Regulation 19I1

In regulation 19 (financing: portable batteries), in paragraph (2), for “paragraph 10”, substitute “paragraph 15(2)”.

4Regulation 47I1

In regulation 47 (application for approval of a proposed battery compliance scheme), for paragraph (5)(b), substitute—

“(b)

include the information set out in Part 1 of Schedule 3, which must be submitted in the format published by the appropriate authority under regulation 79;”.

5Regulation 49I1

In regulation 49 (approval of proposed schemes), in paragraph (1)(c), for “and operational plan provided in accordance with regulation 47 demonstrate”, substitute “provided in accordance with regulation 47 demonstrates”.

6Regulation 52I1

In regulation 52 (conditions of approval), omit paragraph (2)(b), (e)(ii)(bb) and (g).

7Regulation 53I1

Omit regulation 53 (annual confirmation of approval of a battery compliance scheme).

8Regulation 66I1

In regulation 66 (reporting), omit paragraphs (4) and (5).

9Regulation 67I1

In regulation 67 (record keeping), in paragraph (1), omit “and (4)”.

10Schedule 3I1

In Schedule 3 (approval of proposed schemes)—

(a)

omit Part 2;

(b)

omit paragraph 12(a);

(c)

in paragraph 13, for “three compliance periods covered by the operational plan”, substitute “first three compliance periods to which the application relates”;

(d)

paragraph 15 is renumbered as sub-paragraph (1) of that paragraph;

(e)

after that sub-paragraph, insert—

“(2)

In sub-paragraph (1)(c), “a scheme information campaign” means a campaign to disseminate information to ensure that end-users of portable batteries are fully informed of—

(a)

the desirability of not disposing of waste batteries as unsorted municipal waste and of participating in their separate collection so as to facilitate treatment and recycling;

(b)

the collection and recycling facilities available to them;

(c)

their role in contributing to the recycling of waste batteries;

(d)

the meaning of the symbol of the crossed-out wheeled bin shown in Schedule 5 and the chemical symbols “Hg”, “Cd” and “Pb”.”.

Signature

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

18th November 2015

Explanatory note

(This note is not part of these Regulations)

These Regulations amend the Waste Batteries and Accumulators Regulations 2009 (S.I. 2009/890) (“WaBAR”), which partially implement Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators (OJ No L 266, 26.9.2006, p 1).

Regulation 2 inserts regulation 5A in WaBAR so that an appropriate person may delegate the function of signing documents in accordance with those Regulations to another person.

Regulation 4 amends regulation 47 of WaBAR to remove the requirement that an application for approval of a proposed battery compliance scheme include an operational plan.

Regulation 8 omits regulation 66(4) and (5) of WaBAR to remove the requirement that an approved battery treatment operator or approved battery exporter provide an independent auditor’s report to the appropriate authority on or before 31st May in the year following the relevant approval period.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Producer Responsibility Unit, Defra, Nobel House, 17 Smith Square, London, SW1P 3JR and is annexed to the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.