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Regulation 35 Waste informationF11

United Kingdom

(1)

This regulation takes effect as if it were made in exercise of the power in section 34(5) of the Environmental Protection Act 1990.

(2)

When controlled waste is transferred in accordance with section 34(1)(c) of that Act the written description of the waste F1(“written information”) must—

(a)

identify the waste to which it relates by reference to the appropriate codes in the List of Wastes F2..., give a description of the waste and state—

(i)

its quantity and whether it is loose or in a container,

(ii)

if in a container, the kind of container,

(iii)

the time and place of transfer, and

(iv)

the SIC code of the transferor;

(b)

give the name and address of the transferor and the transferee and be signed by them;

(c)

state whether each of the transferor and transferee are—

(i)

the producer of the waste,

(ii)

the importer of the waste,

(iii)

the transporter of the waste,

(iv)

a local authority,

(v)

a holder of an environmental permit under F3the Environmental Permitting (England and Wales) Regulations 2016, in which case the note must include the permit number (if any),

(vi)

a person carrying on an operation to which section 33(1)(a) of the Environmental Protection Act 1990 does not apply by virtue of F4regulation 4(3) of the Environmental Permitting (England and Wales) Regulations 2016,

(vii)

a person registered as a carrier of controlled waste under the Control of Pollution (Amendment) Act 1989, in which case the note must include the registration number (if any),

(viii)

a person registered as a broker of or dealer in controlled waste, in which case the note must include the registration number (if any);

(d)

confirm that the transferor has discharged the duty in regulation 12.

(3)

Until the end of the period of 6 months beginning with the day on which these Regulations are made, F5the written information may omit the F6matters required by paragraph (2)(a)(iv) and (d).

(4)

The F7written information may be in electronic form if the person producing it can do so in a visible and legible documentary form.

(5)

Where the F8written information is in electronic form, the signature required by paragraph (2)(b) must be an electronic signature (and “electronic signature” means data in electronic form which are attached to or logically associated with thewritten information and which serve as a method of authentication).

(6)

The transferor and the transferee must keep F9the written information, or a copy of it, for at least 2 years and produce it to an officer of the F10appropriate body or of a waste collection authority on demand within 7 days.

(7)

This regulation does not apply where the waste transferred is hazardous waste and the consignment note and, where appropriate, schedule required by the Hazardous Waste (England and Wales) Regulations 2005 or the Hazardous Waste (Wales) Regulations 2005 are completed and dealt with in accordance with those Regulations.

(8)

In this regulation “SIC code” means a code included in the UK Standard Industrial Classification of Industrial Activities 2007 (SIC 2007) published by the Office for National Statistics on 14th December 2007 M1.

Annotations

Textual amendments

F1

Words in reg. 35(2) substituted (6.4.2014) by The Waste (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/656), regs. 1(1)(b), 6(b)

F2

Words in reg. 35(2)(a) omitted (E.) (1.7.2015) by virtue of The Hazardous Waste (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1360), regs. 1(1), 8(3) (with Sch. 2); Words in reg. 35(2)(a) omitted (W.) (20.7.2015) by virtue of The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015 (S.I. 2015/1417), regs. 1(2), 5(3)

F3

Words in reg. 35(2)(c)(v) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 36(3)(a) (with regs. 1(3), 77-79, Sch. 4)

F4

Words in reg. 35(2)(c)(vi) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 36(3)(b) (with regs. 1(3), 77-79, Sch. 4)

F5

Words in reg. 35(3) substituted (6.4.2014) by The Waste (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/656), regs. 1(1)(b), 6(c)(i)

F6

Word in reg. 35(3) substituted (6.4.2014) by The Waste (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/656), regs. 1(1)(b), 6(c)(ii)

F7

Words in reg. 35(4) substituted (6.4.2014) by The Waste (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/656), regs. 1(1)(b), 6(d)

F8

Words in reg. 35(5) substituted (6.4.2014) by The Waste (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/656), regs. 1(1)(b), 6(d)

F9

Words in reg. 35(6) substituted (6.4.2014) by The Waste (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/656), regs. 1(1)(b), 6(e)

F10

Words in reg. 35(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 409 (with Sch. 7)

F11

Words in reg. 35 heading substituted (6.4.2014) by The Waste (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/656), regs. 1(1)(b), 6(a)

Marginal citations

M1

ISBN 978-0-230-21012-7.