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The Controlled Waste (England and Wales) Regulations 2012

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Regulation 4

SCHEDULE 1Household, industrial and commercial waste

This schedulenoteType=Explanatory Memorandum has no associated

Interpretation

1.  In this Schedule—

“camp site” means land on which tents are pitched for the purpose of human habitation and land the use of which is incidental to that purpose;

“charity shop” means a hereditament used wholly or mainly for the sale of goods donated to a charity where the proceeds of sale (after deduction of expenses) are applied for the purposes of a charity;

“clinical waste” means waste from a healthcare activity (including veterinary healthcare) that—

(a)

contains viable micro-organisms or their toxins which are known or reliably believed to cause disease in humans or other living organisms,

(b)

contains or is contaminated with a medicine that contains a biologically active pharmaceutical agent, or

(c)

is a sharp, or a body fluid or other biological material (including human and animal tissue) containing or contaminated with a dangerous substance within the meaning of Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(1),

and waste of a similar nature from a non-healthcare activity;

“composite hereditament” has the same meaning as in section 64(9) of the Local Government Finance Act 1988(2);

“construction” includes improvement, repair or alteration;

“factory” has the meaning given in section 175 of the Factories Act 1961(3);

“general medical practitioner” means a person registered in the General Practitioner Register kept by the General Medical Council under section 34C of the Medical Act 1983(4);

“gypsies and travellers”—

(a)

in relation to England, has the same meaning as in regulation 2 of the Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (England) Regulations 2006(5);

(b)

in relation to Wales, has the same meaning as in regulation 2 of the Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (Wales) Regulations 2007(6);

“hazardous waste”—

(a)

in relation to England, has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005(7);

(b)

in relation to Wales, has the meaning given in regulation 6 of the Hazardous Waste (Wales) Regulations 2005(8);

“not for profit body” means a body which, by virtue of its constitution or any enactment—

(a)

is required (after payment of outgoings) to apply the whole of its income, and any capital which it expends, for charitable or public purposes; and

(b)

is prohibited from directly or indirectly distributing among its members any part of its assets (otherwise than for charitable or public purposes);

“offensive waste” means waste that—

(a)

is not clinical waste,

(b)

contains body fluids, secretions or excretions, and

(c)

falls within code 18 01 04, 18 02 03 or 20 01 99 in Schedule 1 to—

(i)

the List of Wastes (England) Regulations 2005(9), in relation to England, or

(ii)

the List of Wastes (Wales) Regulations 2005(10), in relation to Wales;

“place of worship” means a hereditament exempt from local non-domestic rating by virtue of paragraph 11 of Schedule 5 to the Local Government Finance Act 1988(11);

“scientific research association” has the meaning given in section 469 of the Corporation Tax Act 2010(12);

“scrap metal” has the meaning given in section 9(2) of the Scrap Metal Dealers Act 1964(13);

“vessel” includes a hovercraft within the meaning of section 4(1) of the Hovercraft Act 1968(14);

“waste oil” means any mineral or synthetic lubrication or industrial oil which is unfit for its original purpose.

Sources of household, industrial and commercial waste

2.  (1)  This paragraph describes waste which is to be treated as household waste, industrial waste or commercial waste because of the place where it is produced.

(2) The second column of the table describes the places at which waste is produced.

(3) The waste must be treated for the purposes of Part 2 of the Act as the type of waste mentioned in the third column, subject to any exception in the fourth column.

(4) But in a case where paragraph 3 or 4(3) requires waste to be treated inconsistently with sub-paragraph (3), the requirements of those paragraphs take precedence.

Classification by place of production

No.DescriptionClassificationExceptions
1Private storage premises used wholly or mainly for the storage of articles of domestic useHousehold waste
2Land belonging to or used wholly or mainly in connection with domestic property or a caravan where waste from that property or caravan is to be treated as household wasteHousehold waste
3A private garageHousehold wasteWhere the garage has a floor area exceeding 25m2 or is not used wholly or mainly for the accommodation of a private motor vehicle, the waste is to be treated as commercial waste
4A vehicle or vessel used wholly for the purposes of living accommodationHousehold wasteWhere the vehicle or vessel is used in the course of a business for the provision of self-catering accommodation, the waste is to be treated as commercial waste
5A place of worshipHousehold waste
6A residential hostel which provides accommodation only to persons with no other permanent address or who are unable to live at their permanent addressHousehold waste
7A penal institutionHousehold waste
8A charity shop selling donated goods originating from domestic propertyHousehold waste
9A caravan or mobile home site for gypsies and travellersHousehold waste
10Premises used wholly or mainly for public meetingsHousehold waste
11Domestic property used in the course of a business for the provision of self-catering accommodationCommercial waste
12

A caravan—

(a)

used in the course of a business for the provision of self-catering accommodation, or

(b)

which is not allowed to be used for human habitation throughout the year by virtue of a licence or planning permission

Commercial waste
13Premises occupied by a charity and wholly or mainly used for charitable purposesCommercial wasteWhere the waste is from a place of worship or from premises used wholly or mainly for public meetings, it is to be treated as household waste
14A camp site or a tent pitched on land other than a camp siteCommercial wasteWhere the waste is from domestic premises at a camp site, it is to be treated as household waste
15A royal palaceCommercial waste
16Premises occupied by a club, society or any association of persons in which activities are conducted for the benefit of the membersCommercial waste
17

Premises occupied by—

(a)

a court;

(b)

a government department;

(c)

a local authority;

(d)

a person appointed by or under any enactment to discharge public functions;

(e)

a body incorporated by Royal Charter

Commercial waste

Waste classified as household waste or industrial waste because it is from a place—

(a)

otherwise described in this table (except for entry 27); or

(b)

described in section 75(5) or (6) of the Act (household waste or industrial waste)

18A hotelCommercial waste
19Any part of a composite hereditament used for the purposes of a trade or businessCommercial waste
20A market or fairCommercial waste
21The practice of a general medical practitionerCommercial waste
22

A workshop or similar premises which is not a factory only because—

(a)

those working there are not employees; or

(b)

the work carried on there is not carried on by way of trade or for purposes of gain

Industrial wasteWhere the principal activities at the premises are computer operations or the copying of documents by photographic or lithographic means the waste is to be treated as commercial waste
23Waste from a laboratoryIndustrial waste
24Waste from a scientific research associationIndustrial waste
25Waste from premises used for the breeding, boarding or stabling of animalsIndustrial waste
26Waste imported into England or WalesIndustrial waste
27Directive waste from a place (including any vehicle, vessel or aircraft) not otherwise described in this table or in section 75(5) or (7) of the Act(15) (household waste and commercial waste)Industrial waste

Nature of waste and activities producing waste

3.  (1)  This paragraph describes waste which is to be treated as household waste, commercial waste or industrial waste because of its nature or the activity which produces it notwithstanding the place where it is produced.

(2) The second column of the table describes the nature of the waste or the activity which produces it.

(3) The waste must be treated for the purposes of Part 2 of the Act as the type of waste mentioned in the third column, subject to any exception in the fourth column.

(4) But in a case where paragraph 4(3) requires waste to be treated inconsistently with sub-paragraph (3), the requirements of that paragraph take precedence.

Classification by nature of waste or activity producing waste

No.DescriptionClassificationExceptions
1Waste arising from the discharge of duties under section 89(1)(a), (c) or (f) of the Act (duties to collect litter and refuse)Household waste
2Waste arising from the discharge by a local authority of its duty under section 89(2) of the Act (duty to ensure highways and roads are kept clean)Household waste
3Waste arising from the discharge of duties under sections 89(1)(d), 92(9), 92C(3) and 93 of the Act(16) (duties and powers in relation to the collection of litter and refuse)Commercial waste
4Waste collected under section 22(3) of the Control of Pollution Act 1974(17) (street cleaning)Commercial waste
5Waste arising from the discharge of duties under section 89(1)(b) and (e) of the Act (duties to collect litter and refuse)Industrial waste
6Waste arising from the discharge by the Secretary of State or the Welsh Ministers of the duty under section 89(2) of the Act(18) (duty to ensure highways and roads are kept clean)Industrial waste
7

Hazardous waste arising from the following activities carried on at premises used for the purposes of a trade or business—

(a)

mixing or selling paints;

(b)

sign writing;

(c)

laundering or dry cleaning;

(d)

developing photographic film or making photographic prints;

(e)

selling petrol, diesel fuel, paraffin, kerosene, heating oil or similar substances;

(f)

selling pesticides, herbicides or fungicides

Industrial waste
8Waste oil, waste solvent or scrap metalIndustrial waste

Where the waste is produced at the following places it is to be treated as household waste—

(a)

a residential home;

(b)

domestic property, a caravan or land belonging to or used in connection with such a place;

(c)

a private garage which has a floor area of 25m2 or less or is used wholly or mainly for the accommodation of a private motor vehicle;

(d)

private storage premises used wholly or mainly for the storage of articles of domestic use;

(e)

a vehicle or vessel used wholly for the purposes of living accommodation, except where it is used in the course of a business for the provision of self-catering accommodation

9Waste from construction or demolition works, including preparatory worksIndustrial wasteThe waste is to be treated as household waste for the purposes of section 34(2) and (2A) of the Act only (disapplication of section 34(1) and duty on the occupier of domestic property to transfer household waste only to an authorised person or for authorised transport purposes)
10Septic tank sludgeIndustrial wasteThe waste is to be treated as household waste for the purposes of section 34(2) and (2A) of the Act only
11SewageIndustrial waste
12Clinical waste and offensive wasteIndustrial waste

Clinical waste and offensive waste produced at domestic property, a residential home, a caravan or a vehicle or vessel used wholly for the purposes of living accommodation is to be treated as household waste, except that where such a vehicle or vessel is used in the course of a business for the provision of self-catering accommodation, such waste is to be treated as commercial waste

Clinical waste and offensive waste collected under section 22(3) of the Control of Pollution Act 1974 or section 89, 92(9), 92C(3) or 93 of the Act is to be treated as household waste or commercial waste in accordance with entries 1 to 6

Household waste for which collection and disposal charges may be made

4.  (1)  The second column of the table in this paragraph describes waste which is household waste (by virtue of section 75(5) of the Act) or waste which is to be treated as household waste (by virtue of paragraph 2 or 3).

(2) The third column indicates which household waste is prescribed for the purposes of section 45(3) of the Act (cases in respect of which a charge for collection may be made).

(3) Subject to sub-paragraphs (5) and (8), the fourth column indicates which waste must be treated as commercial waste for the purposes of the following provisions of the Act—

(a)section 45(4) to the extent that it concerns liability to pay a reasonable charge for disposal of commercial waste and the recovery of such a charge; and

(b)section 52(9) (which entitles waste disposal authorities to reimbursement by waste collection authorities in relation to costs incurred in arranging the disposal of commercial and industrial waste).

(4) Sub-paragraphs (5) to (8) apply in England only.

(5) Nothing in sub-paragraph (3) has the effect of making a person liable to pay a charge under section 45(4) of the Act for the disposal of waste if the first and second conditions are satisfied.

(6) The first condition is that no charge would have been payable under section 45(4) of the Act for the disposal of that waste had it been collected under section 45(1) of the Act before the coming into force of these Regulations.

(7) The second condition is that the waste is from a hereditament as regards which the person is subject to a non-domestic rate under section 43(1) of the Local Government Finance Act 1988(19), for which the chargeable amount payable is calculated in accordance with section 43(4A)(a) of that Act(20).

(8) In relation to entry 15 of the table (waste from premises forming part of a university, school or other educational establishment), nothing in sub-paragraph (4) has the effect of making a person liable to pay a charge under section 45(4) of the Act for the disposal of waste from premises forming part of—

(a)a school maintained by a local authority (within the meaning of section 142(1) of the School Standards and Framework Act 1998(21)),

(b)an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992(22)), or

(c)an Academy (within the meaning of section 1(10) of the Academies Act 2010(23)),

if, immediately before the coming into force of these Regulations, the collection of waste from those premises was being undertaken pursuant to arrangements made under section 45(1) of the Act.

Collection and disposal charges

No.Description of household wasteCollection chargeDisposal charge
1Any article of waste which exceeds 25kg in weightYesNo, subject to entries 11 to 17
2

Any article of waste which does not fit or cannot be fitted into—

(a)

a receptacle for household waste provided in accordance with section 46 of the Act; or

(b)

where no such receptacle is provided, a cylindrical container 750mm in diameter and 1m in length

YesNo, subject to entries 11 to 17
3Garden wasteYesNo, subject to entries 11 to 17
4Dead domestic petsYesNo, subject to entries 11 to 17
5Waste oil or greaseYesNo, subject to entries 11 to 17
6AsbestosYesNo, subject to entries 11 to 17
7Waste which may not be put into a receptacle provided under section 46 of the Act because of a notice served under that sectionYesNo, subject to entries 11 to 17
8Waste from premises used wholly or mainly for public meetingsYesNo
9Clinical waste and offensive waste produced at a domestic property, a caravan or a vehicle or vessel used wholly for the purposes of living accommodationYesNo
10Waste from a residential hostel which provides accommodation only to persons with no other permanent address or who are unable to live at their permanent addressYesNo
11Waste from a charity shop selling donated goods originating from domestic propertyYesYes, but only to the extent that the waste originated from non-domestic property
12

Waste from premises occupied by—

(a)

a community interest company (being a company which is registered as such with the registrar of companies), or

(b)

a charity or other not for profit body,

which collects goods for re-use or waste to prepare for re-use from domestic property

YesYes, but only to the extent that the waste originated from non-domestic property
13Litter and refuse collected under section 89(1)(f) of the ActYesYes
14Waste from a residential home or land belonging to or wholly or mainly used in connection with a residential homeYesYes
15Waste from premises forming part of a university, school or other educational establishmentYesIn Wales: yes
In England: yes, subject to paragraph 4(8)
16Waste from premises forming part of a hospital or nursing home except for waste from a residential hostel forming such part which provides accommodation only to persons with no other permanent addressYesYes
17Waste from a penal institutionYesYes
(1)

OJ No 196, 16.8.67, P 1 (OJ/SE: Series I, Chapter 1967, P 234), last amended by Directive 2009/2/EC (OJ No L 11, 16.1.09, p6).

(3)

1961 c. 34. Section 175(2) was amended by S.I. 1983/978, regulation 3(1) and Schedule 1.

(4)

1983 c. 54. Section 34C was inserted by S.I. 2010/234, article 4 and Schedule 1, paragraph 10.

(7)

S.I. 2005/894, to which there are amendments not relevant to these Regulations.

(8)

S.I. 2005/1806 (W. 138), to which there are amendments not relevant to these Regulations.

(9)

S.I. 2005/895, to which there are amendments not relevant to these Regulations.

(10)

S.I. 2005/1820 (W. 148), to which there are amendments not relevant to these Regulations.

(11)

Paragraph 11 was amended by the Local Government Finance Act 1992 (c. 14), section 104 and paragraph 3 of Schedule 10.

(12)

2010 c. 4.

(13)

1964 c. 69. Section 9(2) was amended by the Local Government Act 1972 (c. 70), section 272(1) and Schedule 30 and by the Statute Law (Repeals) Act 1993 (c. 50).

(15)

Section 75(7) was amended by S.I. 2006/937.

(16)

Section 92C was inserted by the Clean Neighbourhoods and Environment Act 2005, section 20(2).

(18)

Functions of the Secretary of State under section 89(2), so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, S.I. 1999/672. 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).

(19)

1988 c. 41. Relevant amendments were made by the Local Government Act 2003 (c. 26), section 61 and the Localism Act 2011 (c. 20), section 70 and Schedules 25, Part 11.

(20)

The chargeable amount is calculated in accordance with section 43(4A)(a) where section 43(4B) applies: see article 2 of the Non-Domestic Rating (Small Business Rate Relief) (England) Order 2012 (S.I. 2012/148) for the conditions prescribed under subsection (4B)(a)(ii).

(21)

1998 c. 31. Section 142(1) was amended by S.I. 2010/1158, article 5(1) and Schedule 2, Part 1, paragraph 10(1) and (2). There are other amendments to that section that are not relevant to this instrument.

(22)

1992 c. 13. Section 91 was amended by the Learning and Skills Act 2000 (c. 21), sections 149 and 153, Schedule 9, paragraphs 1 and 42, and Schedule 11, and the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 125, Schedule 8, paragraphs 1 and 13(1) to (3).

(23)

2010 c. 32. Section 1 has been amended, as from a date to be appointed, by the Education Act 2011 (c. 21), sections 52 and 53. Section 15(4) of the Academies Act 2010 provides that a reference to an Academy is to be read as including a reference to a city technology college and a city college for the technology of the arts.

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