The Controlled Waste (England and Wales) Regulations 2012

Household waste for which collection and disposal charges may be made

4.—(1) The second column of the table in this paragraph describes waste which is household waste (by virtue of section 75(5) of the Act) or waste which is to be treated as household waste (by virtue of paragraph 2 or 3).

(2) The third column indicates which household waste is prescribed for the purposes of section 45(3) of the Act (cases in respect of which a charge for collection may be made).

(3) Subject to sub-paragraphs (5) and (8), the fourth column indicates which waste must be treated as commercial waste for the purposes of the following provisions of the Act—

(a) section 45(4) to the extent that it concerns liability to pay a reasonable charge for disposal of commercial waste and the recovery of such a charge; and

(b) section 52(9) (which entitles waste disposal authorities to reimbursement by waste collection authorities in relation to costs incurred in arranging the disposal of commercial and industrial waste).

(4) Sub-paragraphs (5) to (8) apply in England only.

(5) Nothing in sub-paragraph (3) has the effect of making a person liable to pay a charge under section 45(4) of the Act for the disposal of waste if the first and second conditions are satisfied.

(6) The first condition is that no charge would have been payable under section 45(4) of the Act for the disposal of that waste had it been collected under section 45(1) of the Act before the coming into force of these Regulations.

(7) The second condition is that the waste is from a hereditament as regards which the person is subject to a non-domestic rate under section 43(1) of the Local Government Finance Act 1988(1), for which the chargeable amount payable is calculated in accordance with section 43(4A)(a) of that Act(2).

(8) In relation to entry 15 of the table (waste from premises forming part of a university, school or other educational establishment), nothing in sub-paragraph (4) has the effect of making a person liable to pay a charge under section 45(4) of the Act for the disposal of waste from premises forming part of—

(a) a school maintained by a local authority (within the meaning of section 142(1) of the School Standards and Framework Act 1998(3)),

(b) an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992(4)), or

(c) an Academy (within the meaning of section 1(10) of the Academies Act 2010(5)),

if, immediately before the coming into force of these Regulations, the collection of waste from those premises was being undertaken pursuant to arrangements made under section 45(1) of the Act.

Collection and disposal charges

No.	Description of household waste	Collection charge	Disposal charge
1	Any article of waste which exceeds 25kg in weight	Yes	No, subject to entries 11 to 17
2	Any article of waste which does not fit or cannot be fitted into— (a) a receptacle for household waste provided in accordance with section 46 of the Act; or (b) where no such receptacle is provided, a cylindrical container 750mm in diameter and 1m in length	Yes	No, subject to entries 11 to 17
3	Garden waste	Yes	No, subject to entries 11 to 17
4	Dead domestic pets	Yes	No, subject to entries 11 to 17
5	Waste oil or grease	Yes	No, subject to entries 11 to 17
6	Asbestos	Yes	No, subject to entries 11 to 17
7	Waste which may not be put into a receptacle provided under section 46 of the Act because of a notice served under that section	Yes	No, subject to entries 11 to 17
8	Waste from premises used wholly or mainly for public meetings	Yes	No
9	Clinical waste and offensive waste produced at a domestic property, a caravan or a vehicle or vessel used wholly for the purposes of living accommodation	Yes	No
10	Waste from a residential hostel which provides accommodation only to persons with no other permanent address or who are unable to live at their permanent address	Yes	No
11	Waste from a charity shop selling donated goods originating from domestic property	Yes	Yes, but only to the extent that the waste originated from non-domestic property
12	Waste from premises occupied by— (a) a community interest company (being a company which is registered as such with the registrar of companies), or (b) a charity or other not for profit body, which collects goods for re-use or waste to prepare for re-use from domestic property	Yes	Yes, but only to the extent that the waste originated from non-domestic property
13	Litter and refuse collected under section 89(1)(f) of the Act	Yes	Yes
14	Waste from a residential home or land belonging to or wholly or mainly used in connection with a residential home	Yes	Yes
15	Waste from premises forming part of a university, school or other educational establishment	Yes	In Wales: yes
			In England: yes, subject to paragraph 4(8)
16	Waste from premises forming part of a hospital or nursing home except for waste from a residential hostel forming such part which provides accommodation only to persons with no other permanent address	Yes	Yes
17	Waste from a penal institution	Yes	Yes

(1)

1988 c. 41. Relevant amendments were made by the Local Government Act 2003 (c. 26), section 61 and the Localism Act 2011 (c. 20), section 70 and Schedules 25, Part 11.

(2)

The chargeable amount is calculated in accordance with section 43(4A)(a) where section 43(4B) applies: see article 2 of the Non-Domestic Rating (Small Business Rate Relief) (England) Order 2012 (S.I. 2012/148) for the conditions prescribed under subsection (4B)(a)(ii).

(3)

1998 c. 31. Section 142(1) was amended by S.I. 2010/1158, article 5(1) and Schedule 2, Part 1, paragraph 10(1) and (2). There are other amendments to that section that are not relevant to this instrument.

(4)

1992 c. 13. Section 91 was amended by the Learning and Skills Act 2000 (c. 21), sections 149 and 153, Schedule 9, paragraphs 1 and 42, and Schedule 11, and the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 125, Schedule 8, paragraphs 1 and 13(1) to (3).

(5)

2010 c. 32. Section 1 has been amended, as from a date to be appointed, by the Education Act 2011 (c. 21), sections 52 and 53. Section 15(4) of the Academies Act 2010 provides that a reference to an Academy is to be read as including a reference to a city technology college and a city college for the technology of the arts.