xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part IIU.K. Waste on Land

Modifications etc. (not altering text)

C1Pt. 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

Commencement Information

I1Pt. 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)

[F1Offences under sections 33 and 34: powers of seizure etcE+W

Textual Amendments

F1Ss. 34B, 34C and preceding cross-heading inserted (E.W.) (16.3.2006 for certain purposes for W. and otherwise prosp.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 46(1), 108 (as amended by The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 (S.I. 2005/2900), reg. 3); S.I. 2006/768, art. 3

34BPower to search and seize vehicles etcE+W

(1)This section applies where an authorised officer of an enforcement authority or a constable reasonably believes that the grounds in subsection (2) or (3) below exist.

(2)The grounds in this subsection are that—

(a)[F2a relevant offence] has been committed [F3, or an offence under [F4regulation 38(1) or (2) of the Environmental Permitting Regulations] has been committed in relation to a waste operation]

(b)a vehicle was used in the commission of the offence, and

(c)proceedings for the offence have not yet been brought against any person.

(3)The grounds in this subsection are that—

(a)[F5a relevant offence] is being or is about to be committed, [F6or an offence under [F4regulation 38(1) or (2) of the Environmental Permitting Regulations] is being or is about to be committed in relation to a waste operation,]and

(b)a vehicle is being or is about to be used in the commission of the offence.

(4)The authorised officer or constable may—

(a)search the vehicle;

(b)seize the vehicle and any of its contents.

(5)In acting under subsection (4) above the authorised officer or constable may—

(a)stop the vehicle (but only a constable in uniform may stop a vehicle on any road);

(b)enter any premises for the purpose of searching or seizing the vehicle.

(6)A vehicle or its contents seized under subsection (4) above—

(a)by an authorised officer of an enforcement authority, are seized on behalf of that authority;

(b)by a constable in the presence of an authorised officer of an enforcement authority, are seized on behalf of that authority;

(c)by a constable without such an officer present, are seized on behalf of the waste collection authority in whose area the seizure takes place.

(7)A person commits an offence if—

(a)he fails without reasonable excuse to give any assistance that an authorised officer or constable may reasonably request in the exercise of a power under subsection (4) or (5) above;

(b)he otherwise intentionally obstructs an authorised officer or constable in exercising that power.

(8)Where an authorised officer or constable has stopped a vehicle under subsection (5)(a) above, he may require any occupant of the vehicle to give him—

(a)the occupant's name and address;

(b)the name and address of the registered owner of the vehicle;

(c)any other information he may reasonably request.

(9)A person commits an offence if—

(a)he fails without reasonable excuse to comply with a requirement under subsection (8) above;

(b)he gives information required under that subsection that is—

(i)to his knowledge false or misleading in a material way, or

(ii)given recklessly and is false or misleading in a material way.

(10)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11)In this section and section 34C below—

Textual Amendments

F2In s. 46(1) in the new s. 34B to be inserted in the 1990 Act words substituted (21.11.2005) by The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 (S.I. 2005/2900), reg. 3(2)

F5In s. 46(1) in the new s. 34B to be inserted in the 1990 Act words substituted (21.11.2005) by The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 (S.I. 2005/2900), reg. 3(2)

F7In s. 46(1) in the new s. 34B to be inserted in the 1990 Act definition of "relevant offence" inserted (21.11.2005) by The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 (S.I. 2005/2900), reg. 3(3)

Modifications etc. (not altering text)

34CSeizure of vehicles etc: supplementaryE+W

(1)Where under section 34B above an authorised officer or constable seizes a vehicle or its contents (“seized property”) on behalf of an enforcement authority, the authority may remove the seized property to such a place as it considers appropriate.

(2)An enforcement authority must deal with any seized property in accordance with regulations made by the appropriate person.

(3)Regulations under subsection (2) above may in particular include provision as to—

(a)the duties of enforcement authorities in relation to the safe custody of seized property;

(b)the circumstances in which they must return any such property to a person claiming entitlement to it;

(c)the manner in which such persons, and the seized property to which they are entitled, may be determined;

(d)the circumstances in which an enforcement authority may sell, destroy or otherwise dispose of seized property;

(e)the uses to which the proceeds of any such sale may be put.

(4)Regulations making provision under subsection (3)(d) above—

(a)must (subject to paragraph (c) below) require the enforcement authority to publish a notice in such form, and to take any other steps, as may be specified in the regulations for informing persons who may be entitled to the seized property that it has been seized and is available to be claimed;

(b)must (subject to paragraph (c) below) prohibit the authority from selling, destroying or otherwise disposing of any seized property unless a period specified in the regulations has expired without any obligation arising under the regulations for the authority to return the property to any person;

(c)may allow for the requirements in paragraphs (a) and (b) above to be dispensed with if the condition of the seized property requires its disposal without delay.

(5)The appropriate person may issue guidance to enforcement authorities in relation to the performance of their functions under regulations under subsection (2) above.]

Modifications etc. (not altering text)