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The Hazardous Waste (Wales) Regulations 2005

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Further consignment note for rejected consignment

43.—(1) This regulation applies to the removal of any consignment following rejection by the consignee other than in a case to which regulation 44 applies.

(2) Before the consignment or part is moved from the original place for delivery, the hazardous waste producer or holder identified in the relevant part of the original consignment note must ensure that a copy of a new consignment note is prepared in respect of the rejected consignment or part for each of the following:

(a)the hazardous waste producer;

(b)where the hazardous waste producer or holder is not the consignor, the consignor;

(c)the carrier; and

(d)the new consignee.

(3) The producer or holder must —

(a)complete Parts A and B on each copy of the note as follows—

(i)the information required to complete Part A should be copied from the original consignment note, including the relevant consignment code to which the letter “R” must be added to the end;

(ii)the new consignee’s name and address (including the postcode) must be entered in Part A4; and

(iii)subject to paragraph (4), the relevant information from the original consignment note must (where part of the load is rejected, in so far as it relates to that part) be copied to Part B; and

(b)give every copy to the carrier.

(4) Where the consignee who rejected the consignment or part states in his or her written explanation that the description of the waste in the original consignment note is incorrect, the producer or holder must instead include an accurate description of the waste in the new consignment note.

(5) The carrier must complete Part C on each copy.

(6) The producer or holder identified in the relevant part of the original consignment note must—

(a)complete Part D on each copy;

(b)where the producer or holder is not the consignor, give one copy to the producer or holder as the case may be; and

(c)give every remaining copy to the carrier.

(7) The carrier must ensure that every copy of the new consignment note which he or she has received—

(a)travels with the rejected consignment or part; and

(b)is given to the new consignee on delivery of the consignment or part.

(8) The new consignee must—

(a)complete Part E on both copies of the new consignment note; and

(b)give one copy to the carrier.

(9) Where there is to be more than one carrier—

(a)in paragraphs (3)(b), (5) and (6)(c), references to the carrier are to be treated as references to the first carrier;

(b)in paragraphs 2(c) and (7), references to the carrier are to be treated as references to each carrier;

(c)in paragraph (7)(b), in relation to a carrier who is not the final carrier, the reference to “the new consignee” is to be treated as a reference to “the subsequent carrier”; and

(d)in paragraph (8)(b) the reference to the carrier is to be treated as a reference to the final carrier.

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