I1C1C4C5 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
C2I246 Receptacles for household waste.
1
Where a waste collection authority has a duty by virtue of section 45(1)(a) above to arrange for the collection of household waste from any premises, the authority may, by notice served on him, require the occupier to place the waste for collection in receptacles of a kind and number specified.
F11A
Where—
a
subsection (1) applies to a waste collection authority, and
b
a waste reduction scheme under Schedule 2AA to this Act is in operation in the authority's area,
the authority may require the occupier to place the waste for collection in receptacles identified by such means as may be specified.
1B
A requirement under subsection (1A)—
a
must be imposed by notice served on the occupier;
b
may be imposed instead of, or in addition to, any requirement imposed on the occupier under subsection (1).
C32
The kind and number of the receptacles required under subsection (1) above to be used shall be such only as are reasonable but, subject to that, separate receptacles or compartments of receptacles may be required to be used for F5waste which is to be recycled and waste which is notF5dry recyclable waste, any dry waste stream, food waste, or any other waste which is to be recycled.
C33
In making requirements under subsection (1) above the authority may, as respects the provision of the receptacles—
a
determine that they be provided by the authority free of charge;
b
propose that they be provided, if the occupier agrees, by the authority on payment by him of such a single payment or such periodical payments as he agrees with the authority;
c
require the occupier to provide them if he does not enter into an agreement under paragraph (b) above within a specified period; or
d
require the occupier to provide them.
C34
In making requirements as respects receptacles under subsection (1) above, the authority may, by the notice under that subsection, make provision with respect to—
a
the size, construction and maintenance of the receptacles;
b
the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;
c
the placing of the receptacles for that purpose on highways or, in Scotland, roads;
d
the substances or articles which may or may not be put into the receptacles or compartments of receptacles of any description and the precautions to be taken where particular substances or articles are put into them; F6and
e
the steps to be taken by occupiers of premises to facilitate the collection of waste from the receptacles.
F7f
the removal of the receptacles placed for the purpose of facilitating the emptying of them; and
F7g
the time when the receptacles must be placed for that purpose and removed.
C35
No requirement shall be made under subsection (1) above for receptacles to be placed on a highway or, as the case may be, road, unless—
a
the relevant highway authority or roads authority have given their consent to their being so placed; and
b
arrangements have been made as to the liability for any damage arising out of their being so placed.
F95A
A requirement imposed on an occupier by a waste collection authority in Wales by a notice under this section does not apply so far as the requirement duplicates or conflicts with a requirement imposed on the occupier under section 45AA(4).
6
7
Where an occupier is required under subsection (1) above to provide any receptacles he may, within the period allowed by subsection (8) below, appeal to a magistrates’ court or, in Scotland, to the sheriff by way of summary application against any requirement imposed under subsection (1), subsection (3)(c) or (d) or (4) above on the ground that—
a
the requirement is unreasonable; or
b
the receptacles in which household waste is placed for collection from the premises are adequate.
8
The period allowed to the occupier of premises for appealing against such a requirement is the period of twenty-one days beginning—
a
in a case where a period was specified under subsection (3)(c) above, with the end of that period; and
b
where no period was specified, with the day on which the notice making the requirement was served on him.
9
Where an appeal against a requirement is brought under subsection (7) above—
a
the requirement shall be of no effect pending the determination of the appeal;
b
the court shall either quash or modify the requirement or dismiss the appeal; and
c
no question as to whether the requirement is, in any respect, unreasonable shall be entertained in any proceedings for an offence under subsection (6) above.
10
In this section—
“receptacle” includes a holder for receptacles; and
“specified” means specified in a notice under subsection (1) F3or (1A) above.
F411
A waste collection authority is not obliged to collect household waste that is placed for collection in contravention of a requirement under this section.
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)