The Special Waste (Amendment) (Wales) Regulations 2001

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the Special Waste (Amendment) (Wales) Regulations 2001.

(2) These Regulations shall come into force—

(a) in the case of all provisions other than regulations 10 and 11, on 1 November 2001;

(b) in the case of regulation 10, on 1 December 2001; and

(c) in the case of regulation 11, on 1 May 2002.

(3) These Regulations apply to Wales.

Amendment of the Special Waste Regulations 1996

2.  The Special Waste Regulations 1996(1) are amended as follows.

Updated approved classification and labelling guide and approved supply list

3.  In regulation 1(4) (interpretation)—

(a) in the definition of “the approved classification and labelling guide”, for “(Second edition)” substitute “(Fourth edition)”, and for “18th October 1994” substitute “12th October 1999”; and

(b) in the definition of “the approved supply list”(2), for “(3rd Edition)” substitute “(Sixth edition)”, and for “24th January 1996” substitute “15th August 2000”.

Consignment notes: cases in which pre-notification is not required

4.  In regulation 6(1)(e) (consignment notes: cases in which pre-notification is not required), omit “motor vehicle”.

Consignment notes: procedure where pre-notification is not required

5.  In regulation 7 (consignment notes: procedure where pre-notification is not required) insert after paragraph (a)—

“(aa) references to the relevant code in regulation 5(2)(a) were references, in relation to the case mentioned in regulation 6(1)(a), to the relevant code and the code for the first consignment in that succession;”.

Consignment notes: carrier’s rounds

6.  In regulation 8, (consignment notes: carrier’s rounds):

(a) in paragraph (1)(d), for “24 hours” substitute “72 hours”; and

(b) in paragraph (2)(a)(ii), omit “motor vehicle”.

Consignment notes: duty of consignee not accepting delivery of a consignment

7.  In regulation 10 (consignment notes etc.: duty of consignee not accepting delivery of a consignment) in paragraph (3)(c), after “regulation 8,” insert “(annotated to show which consignment is not accepted)”.

Consignment notes: rejected consignments

8.  After Regulation 10 insert—

“Consignment notes: requirement for a new consignment note

10A:— (1) This regulation applies where, in accordance with regulation 10(6)(c), a consignor proposes that a consignment be delivered to other specified premises in respect of which there is held any waste management licence necessary to authorise receipt of the waste.

(2) Before the consignment is delivered to those premises —

(a) four copies of a new consignment note shall be prepared and

(i) on each copy Parts A and B shall be completed and the relevant code entered, including the previous code;

(ii) to each copy shall be attached a copy of any relevant previous carrier’s schedule, annotated to show which consignment was not accepted;

(b) the carrier shall complete Part C on each of those copies;

(c) the consignor, subject to paragraph (3) below—

(i) shall complete Part D on each of those copies

(ii) shall retain one copy (on which Parts A to D have been completed and the relevant codes entered); and

(iii) shall give the three remaining copies (on which Parts A to D have been completed and the relevant codes entered) to the carrier.

(3) The carrier may, where he has received written instructions from the consignor to that effect, complete Part D of each of the copies of the consignment note on behalf of the consignor, and where he does so he shall send to the consignor the consignor’s copy (on which Parts A to D have been completed and the relevant codes entered).

(4) The carrier shall ensure that the three copies of the consignment note which he has received (or, if paragraph (3) applies, retained) —

(a) travel with the consignment; and

(b) are given to the consignee on delivery of the consignment.

(5) Subject to regulation 10, on receiving the consignment the consignee shall—

(a) complete Part E on all copies of the consignment note given to him;

(b) retain one copy;

(c) give one copy to the carrier; and

(d) forthwith furnish one copy to the Agency for the place to which the consignment has been transported.

(6) The carrier shall retain the copy of the consignment note given to him by the consignee.”

Fees

9.  In regulation 14 (fees)—

(a) in paragraph (1), for the words after “fee”, substitute—

“prescribed for the purposes by a charging scheme under section 41 of the Environment Act 1995(3)”;

(b) omit paragraph (2)(a)(i); and

(c) in paragraph (2)(a)(iii), after “each round” insert “in the succession”.

Form of consignment note

10.  In Schedule 1, Part I (form of consignment note)—

(a) in section 6 of Part B, for “that make the waste special” substitute “of the waste”;

(b) in Part C, for “(name & address)” substitute “(name, address & postcode)”; and

(c) in Part E, between “this waste” and “on”, and after “the waste described in B”, insert “at the address given in A2”.

Carrier’s schedule

11.  In Schedule 1, for Part II (carrier’s schedule) substitute the Schedule to the these Regulations.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4).

Jane E. Hutt

Assembly Secretary

29th October 2001