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The Waste Batteries and Accumulators Regulations 2009 in Scotland

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. 56AModification of the Landfill Directive
  66. 57Requirement for approval of battery treatment operators and exporters
  67. 58Application for approval
  68. 59Decision in relation to application
  69. 60Notification of decision
  70. 61Effect and consequences of a grant of approval
  71. 62Application for extension of approval of an exporter to an additional site
  72. 63Conditions of approval
  73. 64Suspension and cancellation of approval
  74. 65Charges
  75. 66Reporting
  76. 67Record keeping
  77. Part 8: POWERS AND DUTIES OF THE SECRETARY OF STATE
  78. 68Information for end-users of batteries
  79. 69Batteries evidence notes
  80. 70Overarching objective: maximising collection of portable batteries
  81. 71Increased environmental performance
  82. 72New recycling technologies
  83. 73Information for appropriate authorities in relation to producers of industrial or automotive batteries
  84. 74Reports and information provided by producers of industrial and automotive batteries
  85. 75Monitoring
  86. Part 9: DUTIES OF THE APPROPRIATE AUTHORITIES
  87. 76Registration of producers
  88. 77Information for appropriate authorities and the Secretary of State in relation to producers of portable batteries
  89. 78Monitoring
  90. 79General duties in relation to battery compliance schemes
  91. 80General duties in relation to approved battery treatment operators and approved exporters
  92. 81Information: portable batteries
  93. Part 10: DISCLOSURE OF INFORMATION
  94. 82Disclosure of information
  95. Part 11: APPEALS
  96. 83Right of appeal
  97. 84Procedure of appeals
  98. 85Determination of appeals
  99. Part 12: ENFORCEMENT
  100. 86Enforcement authorities
  101. 87Enforcement notices
  102. 88Powers of entry and inspection
  103. Part 13: OFFENCES AND PENALTIES
  104. 89Offences
  105. 90Penalties
  106. 91Commencement of proceedings
  107. Part 14: AMENDMENTS TO OTHER ENACTMENTS
  108. 92Amendments to other enactments
  109. Signature
  110. Schedule 1
  111. Part 1: Information and declaration to be included in a declaration of compliance by a producer
  112. 1Paragraph 1
  113. 2Paragraph 2
  114. 3Paragraph 3
  115. 4Paragraph 4
  116. 5Paragraph 5
  117. Part 2: Information and declaration to be included in a declaration of compliance by a scheme operator
  118. 6Paragraph 6
  119. 7Paragraph 7
  120. 8Paragraph 8
  121. 9Paragraph 9
  122. 10Paragraph 10
  123. Schedule 2: Information to be included in an application for registration of producers
  124. 1Paragraph 1
  125. 2Paragraph 2
  126. 3Paragraph 3
  127. 4Paragraph 4
  128. 5Paragraph 5
  129. 6Paragraph 6
  130. 7Paragraph 7
  131. 8Paragraph 8
  132. 9Paragraph 9
  133. Schedule 3: Approval of proposed schemes
  134. Part 1: Information to be included in an application for approval
  135. 1Paragraph 1
  136. 2Paragraph 2
  137. 3Paragraph 3
  138. 4Paragraph 4
  139. 5Paragraph 5
  140. 6Paragraph 6
  141. 7Paragraph 7
  142. 8Paragraph 8
  143. Part 2: Information to be included in the operational plan Repealed
  144. 9Paragraph 9 Repealed
  145. 10Paragraph 10 Repealed
  146. Part 3: Criteria for approval of a proposed scheme
  147. 11Paragraph 11
  148. 12Paragraph 12
  149. 13Paragraph 13
  150. 14Paragraph 14
  151. 15Paragraph 15
  152. Schedule 4: Approval of battery treatment operators and exporters
  153. Part 1: Information to be included in an application for approval
  154. 1Paragraph 1
  155. 2Paragraph 2
  156. 3Paragraph 3
  157. 4Paragraph 4
  158. 5Paragraph 5
  159. 6Paragraph 6
  160. 7Paragraph 7
  161. 8Paragraph 8
  162. 9Paragraph 9
  163. Part 2: General conditions of approval
  164. 10Paragraph 10
  165. 11Paragraph 11
  166. 12Paragraph 12
  167. Part 3: Conditions of approval relating to portable batteries: approved battery treatment operators
  168. 13Paragraph 13
  169. 14Paragraph 14
  170. 15Paragraph 15
  171. 16Paragraph 16
  172. 17Paragraph 17
  173. 18Paragraph 18
  174. 19Paragraph 19
  175. 20Paragraph 20
  176. 21Paragraph 21
  177. Part 4: Conditions of approval relating to portable batteries: approved battery exporters
  178. 22Paragraph 22
  179. 23Paragraph 23
  180. 24Paragraph 24
  181. 25Paragraph 25
  182. 26Paragraph 26
  183. 27Paragraph 27
  184. 28Paragraph 28
  185. Schedule 5Crossed out wheeled bin symbol
  186. Schedule 6: Register of producers
  187. 1Paragraph 1
  188. 2Paragraph 2
  189. 3Paragraph 3
  190. 4Paragraph 4
  191. 5Paragraph 5
  192. 6Paragraph 6
  193. 7Paragraph 7
  194. Schedule 7: Appeals
  195. Part 1: Procedure of appeals (other than those to the Planning Appeals Commission)
  196. 1Paragraph 1
  197. 2Paragraph 2
  198. 3Paragraph 3
  199. 4Paragraph 4
  200. Part 2: Appeals to the Planning Appeals Commission
  201. 5Paragraph 5
  202. 6Paragraph 6
  203. 7Paragraph 7
  204. 8Paragraph 8
  205. 9Paragraph 9
  206. Schedule 8: Amendments to other enactments
  207. 1Amendment to the Environment Act 1995
  208. 2Amendments to the Environmental Permitting (England and Wales) Regulations 2007
  209. Explanatory note