The Waste Batteries and Accumulators Regulations 2009

  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

    3. 2A.Modifications to the Waste Framework Directive

    4. 3.Meaning of appropriate authority

    5. 4.Service of documents

    6. 5.Signature of documents: meaning of appropriate person

    7. 5A.Delegation of document-signing function

    8. 6.Application

  3. PART 2 PRODUCER OBLIGATIONS: PORTABLE BATTERIES

    1. 7.Financing: portable batteries

    2. 8.Calculation of a producer's share

    3. 9.Duty to be a member of a battery compliance scheme

    4. 10.Effect of membership of a battery compliance scheme

    5. 11.Information provided to operators of battery compliance schemes

    6. 12.Record keeping

    7. 13.Reporting: portable batteries placed on the market by a small producer

    8. 14.Charges in relation to small producers

    9. 15.Duty to join another scheme on withdrawal of approval

    10. 16.Treatment, recycling, record keeping and reporting after withdrawal of scheme approval

    11. 17.Duty of the appropriate authority to determine and notify producer's share

    12. 18.Declaration of compliance by producer

  4. PART 3 OBLIGATIONS OF BATTERY COMPLIANCE SCHEMES AND REGISTRATION OF PRODUCERS OF PORTABLE BATTERIES

    1. 19.Financing: portable batteries

    2. 20.Duty of the appropriate authority to determine and notify scheme operator's aggregate share of costs

    3. 21.Treatment and recycling

    4. 22.Record keeping

    5. 23.Reporting: batteries placed on the market by scheme members

    6. 24.Reporting: waste batteries

    7. 25.Declaration of compliance by battery compliance scheme

    8. 26.Registration of producers of portable batteries

    9. 27.Form of an application to register scheme members or a small producer

    10. 28.Duties of the appropriate authority in relation to applications to register producers of portable batteries

    11. 29.Notification of changes to registration details

    12. 30.Declaration of battery producer registration number

  5. PART 4 PORTABLE BATTERIES: OBLIGATIONS AND RIGHTS OF DISTRIBUTORS AND OTHER ECONOMIC OPERATORS

    1. 31.Take back

    2. 32.Distributor's right to request collection of waste batteries

    3. 33.Right of economic operators to participate in collection, treatment and recycling schemes

    4. 34.Prohibition on showing the costs of collection, treatment and recycling of portable batteries

  6. PART 5 PRODUCER OBLIGATIONS: INDUSTRIAL AND AUTOMOTIVE BATTERIES

    1. 35.Take back: industrial batteries

    2. 36.Collection: automotive batteries

    3. 37.Alternative financing agreements

    4. 38.Treatment and recycling

    5. 39.Record keeping

    6. 40.Reporting: industrial and automotive batteries placed on the market

    7. 41.Reporting: waste batteries

    8. 42.Registration of producers: industrial batteries or automotive batteries

    9. 43.Application to register

    10. 44.Notification of changes to registration details

    11. 45.Duties of the Secretary of State in relation to registration of producers

    12. 46.Declaration of battery producer registration number

  7. PART 6 APPROVAL OF BATTERY COMPLIANCE SCHEMES

    1. 47.Application for approval of a proposed battery compliance scheme

    2. 48.Further information in respect of an application

    3. 49.Approval of proposed schemes

    4. 50.Notification of determination

    5. 51.Effect and consequences of approval

    6. 52.Conditions of approval

    7. 53.Annual confirmation of approval of a battery compliance scheme

    8. 54.Withdrawal of approval of a battery compliance scheme

    9. 55.Charges

  8. PART 7 DISPOSAL, TREATMENT AND RECYCLING

    1. 56.Prohibition on disposing of waste automotive and industrial batteries in a landfill or by incineration

    2. 56A.Modification of the Landfill Directive

    3. 57.Requirement for approval of battery treatment operators and exporters

    4. 58.Application for approval

    5. 59.Decision in relation to application

    6. 60.Notification of decision

    7. 61.Effect and consequences of a grant of approval

    8. 62.Application for extension of approval of an exporter to an additional site

    9. 63.Conditions of approval

    10. 64.Suspension and cancellation of approval

    11. 65.Charges

    12. 66.Reporting

    13. 67.Record keeping

  9. PART 8 POWERS AND DUTIES OF THE SECRETARY OF STATE

    1. 68.Information for end-users of batteries

    2. 69.Batteries evidence notes

    3. 70.Overarching objective: maximising collection of portable batteries

    4. 71.Increased environmental performance

    5. 72.New recycling technologies

    6. 73.Information for appropriate authorities in relation to producers of industrial or automotive batteries

    7. 74.Reports and information provided by producers of industrial and automotive batteries

    8. 75.Monitoring

  10. PART 9 DUTIES OF THE APPROPRIATE AUTHORITIES

    1. 76.Registration of producers

    2. 77.Information for appropriate authorities and the Secretary of State in relation to producers of portable batteries

    3. 78.Monitoring

    4. 79.General duties in relation to battery compliance schemes

    5. 80.General duties in relation to approved battery treatment operators and approved exporters

    6. 81.Information: portable batteries

  11. PART 10 DISCLOSURE OF INFORMATION

    1. 82.Disclosure of information

  12. PART 11 APPEALS

    1. 83.Right of appeal

    2. 84.Procedure of appeals

    3. 85.Determination of appeals

  13. PART 12 ENFORCEMENT

    1. 86.Enforcement authorities

    2. 87.Enforcement notices

    3. 88.Powers of entry and inspection

  14. PART 13 OFFENCES AND PENALTIES

    1. 89.Offences

    2. 90.Penalties

    3. 91.Commencement of proceedings

  15. PART 14 AMENDMENTS TO OTHER ENACTMENTS

    1. 92.Amendments to other enactments

  16. Signature

    1. SCHEDULE 1

      1. PART 1 Information and declaration to be included in a declaration of compliance by a producer

        1. 1.The name and address of the producer.

        2. 2.The name and title of the signatory of the declaration....

        3. 3.The date of the declaration.

        4. 4.The compliance period to which the declaration relates.

        5. 5.In relation to the waste portable batteries in respect of...

      2. PART 2 Information and declaration to be included in a declaration of compliance by a scheme operator

        1. 6.The name and address of the scheme operator.

        2. 7.The name and title of the signatory of the declaration....

        3. 8.The date of the declaration.

        4. 9.The compliance period to which the declaration relates.

        5. 10.In relation to the waste portable batteries in respect of...

    2. SCHEDULE 2

      Information to be included in an application for registration of producers

      1. 1.The date of the application for registration.

      2. 2.The name of the producer and any brand name under...

      3. 3.The following contact details for the producer—

      4. 4.An address for service of notices on the producer if...

      5. 5.The name and telephone number of a contact person for...

      6. 6.An indication of which categories of battery the producer is...

      7. 7.Information as to— (a) whether the producer is meeting or...

      8. 8.If the producer has been registered under these Regulations within...

      9. 9.A signed declaration of the truth of the information provided...

    3. SCHEDULE 3

      Approval of proposed schemes

      1. PART 1 Information to be included in an application for approval

        1. 1.The name of the proposed scheme.

        2. 2.The name of the operator of the proposed scheme.

        3. 3.The address and telephone number of— (a) the registered office...

        4. 4.Where the operator of the proposed scheme is a partnership...

        5. 5.An address for service of notices if different from that...

        6. 6.Confirmation that the rules of the proposed scheme provide—

        7. 7.(1) A statement as to whether or not the operator...

        8. 8.Confirmation that the rules of the proposed scheme provide—

      2. PART 2 Information to be included in the operational plan

        1. 9.The operational plan must include the following information in relation...

        2. 10.In paragraph 9(d)(iii), “the scheme information campaign” means a campaign...

      3. PART 3 Criteria for approval of a proposed scheme

        1. 11.That the rules of the proposed scheme provide—

        2. 12.That the proposed scheme has the necessary resources and systems...

        3. 13.That the operator of the proposed scheme is likely to...

        4. 14.That the proposed scheme is likely to—

        5. 15.(1) That the operator of a proposed scheme—

    4. SCHEDULE 4

      Approval of battery treatment operators and exporters

      1. PART 1 Information to be included in an application for approval

        1. 1.The name of the battery treatment operator or exporter.

        2. 2.The registered office address and telephone number of the battery...

        3. 3.Where the battery treatment operator or exporter is a partnership...

        4. 4.Where the battery treatment operator or exporter is a body...

        5. 5.An address for service of notices if different from that...

        6. 6.The year for which approval is applied for.

        7. 7.In the case of an application made by a battery...

        8. 8.In the case of an application made by an exporter—...

        9. 9.Confirmation of whether or not the battery treatment operator or...

      2. PART 2 General conditions of approval

        1. 10.(1) An approved battery treatment operator must ensure that the...

        2. 11.An approved battery treatment operator or approved battery exporter must...

        3. 12.(1) An approved battery treatment operator must hold a relevant...

      3. PART 3 Conditions of approval relating to portable batteries: approved battery treatment operators

        1. 13.An approved battery treatment operator must not issue a batteries...

        2. 14.An approved battery treatment operator must record a quantity of...

        3. 15.An approved battery treatment operator must retain a duplicate copy...

        4. 16.An approved battery treatment operator must not issue a batteries...

        5. 17.An approved battery treatment operator must not issue a batteries...

        6. 18.An approved battery treatment operator must issue batteries evidence notes...

        7. 19.An approved battery treatment operator must issue a batteries evidence...

        8. 20.An approved battery treatment operator must not issue a batteries...

        9. 21.An approved battery treatment operator must not arrange for the...

      4. PART 4 Conditions of approval relating to portable batteries: approved battery exporters

        1. 22.An approved batteries exporter must not issue a batteries evidence...

        2. 23.An approved batteries exporter must record a quantity of waste...

        3. 24.An approved batteries exporter must retain a duplicate copy of...

        4. 25.An approved batteries exporter must not issue a batteries evidence...

        5. 26.An approved batteries exporter must issue batteries evidence notes only...

        6. 27.An approved batteries exporter must issue a batteries evidence note...

        7. 28.An approved batteries exporter must not issue a batteries evidence...

    5. SCHEDULE 5

      Crossed out wheeled bin symbol

    6. SCHEDULE 6

      Register of producers

      1. 1.The name of the producer and any brand name under...

      2. 2.The following contact details for the producer—

      3. 3.An address for service of notices on the producer if...

      4. 4.An indication of the categories of battery placed on the...

      5. 5.Information as to— (a) whether the producer meets its responsibilities...

      6. 6.The producer's battery producer registration number.

      7. 7.The date of the application for registration.

    7. SCHEDULE 7

      Appeals

      1. PART 1 Procedure of appeals (other than those to the Planning Appeals Commission)

        1. 1.(1) Where a person wishes to appeal to an appeal...

        2. 2.(1) Subject to sub-paragraph (2), notice of appeal must be...

        3. 3.Where under regulation 84(2) the appeal includes a hearing, the...

        4. 4.(1) The appeal body or other person determining an appeal...

      2. PART 2 Appeals to the Planning Appeals Commission

        1. 5.A person who wishes to appeal to the Planning Appeals...

        2. 6.An appellant may withdraw an appeal by notifying the appeals...

        3. 7.Notice of appeal in accordance with paragraph 5 is to...

        4. 8.The appeals commission shall determine the appeal and paragraphs (1),...

        5. 9.The appeals commission shall determine the process for determining appeals...

    8. SCHEDULE 8

      Amendments to other enactments

      1. 1.Amendment to the Environment Act 1995

      2. 2.Amendments to the Environmental Permitting (England and Wales) Regulations 2007

  18. Explanatory Note