I1C1C3C4 Part II Waste on Land
Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))
Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)
Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. 2 modified (S.) (27.3.2011) by The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 1(1), sch. 4 para. 11 (with regs. 31-33)
Pt. 2 modified (E.W.) (6.4.2012) by The Controlled Waste (England and Wales) Regulations 2012 (S.I. 2012/811), regs. 1(3), 5
Collection, disposal or treatment of controlled waste
I2E160 Interference with waste sites and receptacles for waste.
1
No person shall sort over or disturb—
a
anything deposited at a place for the deposit of waste provided by a waste collection authority, by F1or under arrangements made with a waste disposal authority or by any other local authority or person ;
b
anything deposited in a receptacle for waste, whether for public or private use, provided by a waste collection authority, by F2or under arrangements made with a waste disposal authority, by a parish or community council or by a holder of a waste management licence; or
c
the contents of any receptacle for waste which, in accordance with a requirement under section 46 or 47 above, is placed on any highway or, in Scotland, road or in any other place with a view to its being emptied;
unless he has the relevant consent or right to do so specified in subsection (2) below.
2
The consent or right that is relevant for the purposes of subsection (1)(a), (b) or (c) above is—
a
in the case of paragraph (a), the consent of the authority F3. . . or other person who provides the place for the deposit of the waste;
b
in the case of paragraph (b), the consent of the authority F3. . . or other person who provides the receptacle for the deposit of the waste;
c
in the case of paragraph (c), the right to the custody of the receptacle, the consent of the person having the right to the custody of the receptacle or the right conferred by the function by or under this Part of emptying such receptacles.
3
A person who contravenes subsection (1) above shall be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.
I2C260 Interference with waste sites and receptacles for waste.
1
No person shall sort over or disturb—
a
anything deposited at a place for the deposit of waste provided by a waste collection authority, by a waste disposal contractor under arrangements made with a waste disposal authority or by any other local authority or person or, in Scotland, by a waste disposal authority;
b
anything deposited in a receptacle for waste, whether for public or private use, provided by a waste collection authority, by a waste disposal contractor under arrangements made with a waste disposal authority, by a parish or community council or by a holder of a waste management licence or, in Scotland, by a waste disposal authority or a roads authority; or
c
the contents of any receptacle for waste which, in accordance with a requirement under section 46 or 47 above, is placed on any highway or, in Scotland, road or in any other place with a view to its being emptied;
unless he has the relevant consent or right to do so specified in subsection (2) below.
2
The consent or right that is relevant for the purposes of subsection (1)(a), (b) or (c) above is—
a
in the case of paragraph (a), the consent of the authority, contractor or other person who provides the place for the deposit of the waste;
b
in the case of paragraph (b), the consent of the authority, contractor or other person who provides the receptacle for the deposit of the waste;
c
in the case of paragraph (c), the right to the custody of the receptacle, the consent of the person having the right to the custody of the receptacle or the right conferred by the function by or under this Part of emptying such receptacles.
3
A person who contravenes subsection (1) above shall be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.
Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2
Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.
Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)