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The Waste (England and Wales) Regulations 2011
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- UK Statutory Instruments
- 2011 No. 988
- PART 9
- Regulation 35
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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 13(1A) inserted by S.I. 2023/1290 reg. 11
- reg. 14(A1) inserted by S.I. 2023/1290 reg. 12
- reg. 15A inserted by S.I. 2023/1290 reg. 13
- reg. 16(3)(ba) substituted for reg. 16(3)(b) by 2023 c. 55 Sch. 8 para. 32
[F1Waste information] U.K.
This section has no associated Explanatory Memorandum
35.—(1) This regulation takes effect as if it were made in exercise of the power in section 34(5) of the Environmental Protection Act 1990.
(2) When controlled waste is transferred in accordance with section 34(1)(c) of that Act the written description of the waste [F2(“written information”)] must—
(a)identify the waste to which it relates by reference to the appropriate codes in the List of Wastes F3..., give a description of the waste and state—
(i)its quantity and whether it is loose or in a container,
(ii)if in a container, the kind of container,
(iii)the time and place of transfer, and
(iv)the SIC code of the transferor;
(b)give the name and address of the transferor and the transferee and be signed by them;
(c)state whether each of the transferor and transferee are—
(i)the producer of the waste,
(ii)the importer of the waste,
(iii)the transporter of the waste,
(iv)a local authority,
(v)a holder of an environmental permit under [F4the Environmental Permitting (England and Wales) Regulations 2016], in which case the note must include the permit number (if any),
(vi)a person carrying on an operation to which section 33(1)(a) of the Environmental Protection Act 1990 does not apply by virtue of [F5regulation 4(3) of the Environmental Permitting (England and Wales) Regulations 2016],
(vii)a person registered as a carrier of controlled waste under the Control of Pollution (Amendment) Act 1989, in which case the note must include the registration number (if any),
(viii)a person registered as a broker of or dealer in controlled waste, in which case the note must include the registration number (if any);
(d)confirm that the transferor has discharged the duty in regulation 12.
(3) Until the end of the period of 6 months beginning with the day on which these Regulations are made, [F6the written information] may omit the [F7matters] required by paragraph (2)(a)(iv) and (d).
(4) The [F8written information] may be in electronic form if the person producing it can do so in a visible and legible documentary form.
(5) Where the [F9written information] is in electronic form, the signature required by paragraph (2)(b) must be an electronic signature (and “electronic signature” means data in electronic form which are attached to or logically associated with the[F9written information] and which serve as a method of authentication).
(6) The transferor and the transferee must keep [F10the written information], or a copy of it, for at least 2 years and produce it to an officer of the [F11appropriate body] or of a waste collection authority on demand within 7 days.
(7) This regulation does not apply where the waste transferred is hazardous waste and the consignment note and, where appropriate, schedule required by the Hazardous Waste (England and Wales) Regulations 2005 or the Hazardous Waste (Wales) Regulations 2005 are completed and dealt with in accordance with those Regulations.
(8) In this regulation “SIC code” means a code included in the UK Standard Industrial Classification of Industrial Activities 2007 (SIC 2007) published by the Office for National Statistics on 14th December 2007 M1.
Textual Amendments
F1Words in reg. 35 heading substituted (6.4.2014) by The Waste (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/656), regs. 1(1)(b), 6(a)
F2Words in reg. 35(2) substituted (6.4.2014) by The Waste (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/656), regs. 1(1)(b), 6(b)
F3 Words in reg. 35(2)(a) omitted (E.) (1.7.2015) by virtue of The Hazardous Waste (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1360), regs. 1(1), 8(3) (with Sch. 2); Words in reg. 35(2)(a) omitted (W.) (20.7.2015) by virtue of The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015 (S.I. 2015/1417), regs. 1(2), 5(3)
F4Words in reg. 35(2)(c)(v) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 36(3)(a) (with regs. 1(3), 77-79, Sch. 4)
F5Words in reg. 35(2)(c)(vi) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 36(3)(b) (with regs. 1(3), 77-79, Sch. 4)
F6Words in reg. 35(3) substituted (6.4.2014) by The Waste (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/656), regs. 1(1)(b), 6(c)(i)
F7Word in reg. 35(3) substituted (6.4.2014) by The Waste (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/656), regs. 1(1)(b), 6(c)(ii)
F8Words in reg. 35(4) substituted (6.4.2014) by The Waste (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/656), regs. 1(1)(b), 6(d)
F9Words in reg. 35(5) substituted (6.4.2014) by The Waste (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/656), regs. 1(1)(b), 6(d)
F10Words in reg. 35(6) substituted (6.4.2014) by The Waste (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/656), regs. 1(1)(b), 6(e)
F11Words in reg. 35(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 409 (with Sch. 7)
Marginal Citations
M1ISBN 978-0-230-21012-7.
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