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The Waste (England and Wales) (Amendment) Regulations 2014

S.I. 2014/656 · Made 14 March 2014

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Environmental Protection, England And Wales

Made 14th March 2014

Laid before Parliament 14th March 2014

Laid before the National Assembly for Wales 14th March 2014

Coming into force 6th April 2014

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, have in accordance with section 2(4) of the Pollution Prevention and Control Act 1999f1 consulted—

(a)

the Environment Agency;

(b)

the Natural Resources Body for Wales;

(c)

such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small business respectively as they consider appropriate; and

(d)

such other bodies or persons as they consider appropriate.

The Secretary of State is designatedf2 for the purposes of the European Communities Act 1972f3 in relation to the environment. The Welsh Ministers are designatedf4 for the purposes of that Act in relation to the prevention, reduction and management of waste.

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, sections 5(3)(b) and (4)(b) and 8(2) of the Control of Pollution (Amendment) Act 1989f5, and section 2 of, and Schedule 1 to, the Pollution Prevention and Control Act 1999.

Annotations to the whole text

Footnotes

f1

1999 c.24. Functions of the Secretary of State under section 2 (except in relation to offshore oil and gas exploration and exploitation), so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 3 of S.I. 2005/1958. Those functions were then transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). Section 2(4)(aa) was inserted by S.I. 2013/755 (W 90), article 4(1), Schedule 2, Part 1, paragraphs 394 and 395(1) extending the consultation duty in section 2(4) to the Natural Resources Body for Wales to the extent that regulations made under section 2 apply to Wales.

f2

S.I. 2008/301.

f3

1972 c.68.

f4

S.I. 2010/1552.

f5

1989 c.14. In relation to Wales, the functions of the Secretary of State conferred by that Act were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions were then transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32). Section 5, as originally enacted, was substituted in England and Wales by the Clean Neighbourhoods and Environment Act 2005 (c.16), section 37. For the definition of “appropriate person” and “prescribed” see section 9(1) of the Control of Pollution (Amendment) Act 1989 (the definition of “appropriate person” was inserted by section 39(1) of the Clean Neighbourhoods and Environment Act 2005).

Contents

  1. 1Title, commencement and interpretation
  2. 2Amendment of the Waste Regulations
  3. 3Regulation 24 (interpretation)
  4. 4Regulation 29 (procedure for registration)
  5. 5Regulation 32 (revocation of registration)
  6. 6Regulation 35 (the transfer note)
  7. 7Part 10A (authority to transport controlled waste)
  8. Signature
  9. Explanatory note

1Title, commencement and interpretation

(1)

These Regulations—

(a)

may be cited as the Waste (England and Wales) (Amendment) Regulations 2014;

(b)

come into force on 6th April 2014.

(2)

In these Regulations, “the Waste Regulations” means the Waste (England and Wales) Regulations 2011f1.

2Amendment of the Waste Regulations

The Waste Regulations are amended in accordance with regulations 3 to 7.

3Regulation 24 (interpretation)

For regulation 24(3)(b), substitute—

“(b)

references to a prescribed offence include a relevant offence within the meaning of regulation 29”.

4Regulation 29 (procedure for registration)

Regulation 29 is amended as follows—

(a)

for paragraph (5)(b), substitute—

“(b)

the applicant or another relevant person has been convicted of a relevant offence”;

(b)

after paragraph (5), insert—

“(5A)

A “relevant offence” means an offence under—

(a)

the Scrap Metal Dealers Act 1964f1,

(b)

section 1, 8, 9, 10, 11, 17, 18, 22 or 25 of the Theft Act 1968f2, where the offence relates to scrap metal or is an environment-related offence,

(c)

section 170 or 170B of the Customs and Excise Management Act 1979f3, where the offence relates to scrap metal,

(d)

section 9 of the Food and Environment Protection Act 1985f4,

(e)

section 1, 5 or 7 of the Control of Pollution (Amendment) Act 1989f5,

(f)

section 33, 34 or 34B of the Environmental Protection Act 1990f6,

(g)

section 85, 202 or 206 of the Water Resources Act 1991f7,

(h)

the Transfrontier Shipment of Waste Regulations 1994f8,

(i)

section 110 of the Environment Act 1995f9,

(j)

the Control of Major Accident Hazards Regulations 1999f10,

(k)

the Pollution Prevention and Control (England and Wales) Regulations 2000f11,

(l)

Part 1 of the Vehicles (Crimes) Act 2001f12,

(m)

regulation 17(1) of the Landfill (England and Wales) Regulations 2002f13,

(n)

section 327, 328 or 330 to 332 of the Proceeds of Crime Act 2002 f14,

(o)

the Hazardous Waste (England and Wales) Regulations 2005f15,

(p)

the Hazardous Waste (Wales) Regulations 2005f16,

(q)

section 1 of the Fraud Act 2006f17, where the offence relates to scrap metal or is an environment-related offence,

(r)

the Waste Electrical and Electronic Equipment Regulations 2006f18,

(s)

regulation 38 of the Environmental Permitting (England and Wales) Regulations 2007f19,

(t)

the Producer Responsibility Obligations (Packaging Waste) Regulations 2007f20,

(u)

the Transfrontier Shipment of Waste Regulations 2007f21,

(v)

regulation 38 of the Environmental Permitting (England and Wales) Regulations 2010f22,

(w)

regulation 42 of these Regulations,

(x)

section 146 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012f23,

(y)

the Waste Electrical and Electronic Equipment Regulations 2013f24,

(z)

the Scrap Metal Dealers Act 2013f25.

(5B)

A relevant offence also includes—

(a)

attempting or conspiring to commit a relevant offence;

(b)

inciting or aiding, abetting, counselling or procuring the commission of a relevant offence; and

(c)

an offence under Part 2 of the Serious Crime Act 2007f26 (encouraging or assisting crime) committed in relation to a relevant offence.

(5C)

For the purposes of paragraph (5A)—

  • “environment-related offence” means an offence which relates to the transportation, shipment or transfer of waste, or to the prevention, minimisation or control of pollution of the air, water or land which may give rise to any harm;

  • “harm” means—

    1. (a)

      harm to the health of human beings or other living organisms;

    2. (b)

      harm to the quality of the environment;

    3. (c)

      offence to the senses of human beings;

    4. (d)

      damage to property; or

    5. (e)

      impairment of, or interference with, amenities or other legitimate uses of the environment.”;

(c)

after paragraph (6), insert—

“(6A)

The appropriate body must, on payment of a reasonable charge, provide any person who has been provided with a certificate of registration under paragraph (6) with a copy of the certificate if requested.

(6B)

The appropriate body must ensure that any copy is numbered and marked so as to show that it is a copy of the certificate and that it has been provided by the appropriate body under this regulation.”.

5Regulation 32 (revocation of registration)

For regulation 32(1)(a), substitute—

“(a)

the registered person or another relevant person has been convicted of a relevant offence within the meaning of regulation 29;”.

6Regulation 35 (the transfer note)

Regulation 35 is amended as follows—

(a)

in the heading, for “The transfer note” substitute “Waste information”;

(b)

in paragraph (2), for “(“the transfer note”)” substitute “(“written information”)”;

(c)

in paragraph (3)—

“(i)

for “a transfer note” substitute “the written information”,

(ii)

for “information” substitute “matters”.”

(d)

in paragraphs (4) and (5), in each place where it occurs, for “transfer note” substitute “written information”;

(e)

in paragraph (6), for “a transfer note” substitute “the written information”.

7Part 10A (authority to transport controlled waste)

After regulation 45 (proceedings for contravention of section 1 of the Control of Pollution (Amendment) Act 1989), insert—

“PART 10A

Authority to transport controlled waste

Specified requirements under section 5 of the Control of Pollution (Amendment) Act 1989

45A.
(1)

Where a person is required to produce an authority for transporting controlled waste under section 5(2)(a) (power to require production of authority, stop and search etc) of the Control of Pollution (Amendment) Act 1989—

(a)

a copy of that person’s certificate of registration as a carrier of controlled waste made in accordance with regulation 29(6A) and (6B) is authority for these purposesf1; and

(b)

where the authority cannot be produced forthwith when required to do so, the authority must be produced at, or sent to, the relevant office no later than 5 working days from when required.

(2)

For the purposes of paragraph (1)(b)—

(a)

“relevant office” means an office of the appropriate body as may be specified by the authorised officer of a regulation authority or constable at the time the requirement is made;

(b)

“working day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971f2.

(3)

For the purposes of paragraph (2)—

(a)

“authorised officer” has the meaning given in section 9(1B) of the Control of Pollution (Amendment) Act 1989f3;

(b)

“regulation authority” has the meaning given in section 9(1) of that Act, as read with section 9(1A) and (1AA)f4.”.

Signature

Dan Rogerson

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

14th March 2014

Alun Davies

Minister for Natural Resources and Food

one of the Welsh Ministers

12th March 2014

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Waste (England and Wales) Regulations 2011 (S.I. 2011/988) (“the Waste Regulations”). The Waste Regulations transpose, for England and Wales, Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No. L 312, 22.11.2008, p3).

Regulation 4 amends regulation 29 of the Waste Regulations by adding a new list of “relevant offences” for the purposes of refusing registration of carriers, brokers and dealers of controlled waste in accordance with regulation 29(5) and by providing for the making of copies of certificates of registration.

Regulation 6 amends regulation 35 by replacing the references in that regulation to “a transfer note” with references to “written information”.

Regulation 7 inserts a new Part relating to the production of authority for transporting controlled waste (which is the certificate of registration) where this is required under section 5(2)(a) of the Control of Pollution (Amendment) Act 1989 (c.14).

A full impact assessment of the effect that this instrument will have on business, the voluntary sector and the public sector is available from Waste Regulation and Crime, Department for Environment, Food and Rural Affairs, Area 2B, Nobel House, 17 Smith Square, London, SW1P 3JR and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.