2014 No. 656

Environmental Protection, England And Wales

The Waste (England and Wales) (Amendment) Regulations 2014

Made

Laid before Parliament

Laid before the National Assembly for Wales

Coming into force

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, have in accordance with section 2(4) of the Pollution Prevention and Control Act 19991 consulted—

a

the Environment Agency;

b

the Natural Resources Body for Wales;

c

such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small business respectively as they consider appropriate; and

d

such other bodies or persons as they consider appropriate.

The Secretary of State is designated2 for the purposes of the European Communities Act 19723 in relation to the environment. The Welsh Ministers are designated4 for the purposes of that Act in relation to the prevention, reduction and management of waste.

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, sections 5(3)(b) and (4)(b) and 8(2) of the Control of Pollution (Amendment) Act 19895, and section 2 of, and Schedule 1 to, the Pollution Prevention and Control Act 1999.

Title, commencement and interpretation1

1

These Regulations—

a

may be cited as the Waste (England and Wales) (Amendment) Regulations 2014;

b

come into force on 6th April 2014.

2

In these Regulations, “the Waste Regulations” means the Waste (England and Wales) Regulations 20116.

Amendment of the Waste Regulations2

The Waste Regulations are amended in accordance with regulations 3 to 7.

Regulation 24 (interpretation)3

For regulation 24(3)(b), substitute—

b

references to a prescribed offence include a relevant offence within the meaning of regulation 29

Regulation 29 (procedure for registration)4

Regulation 29 is amended as follows—

a

for paragraph (5)(b), substitute—

b

the applicant or another relevant person has been convicted of a relevant offence

b

after paragraph (5), insert—

5A

A “relevant offence” means an offence under—

a

the Scrap Metal Dealers Act 19647,

b

section 1, 8, 9, 10, 11, 17, 18, 22 or 25 of the Theft Act 19688, where the offence relates to scrap metal or is an environment-related offence,

c

section 170 or 170B of the Customs and Excise Management Act 19799, where the offence relates to scrap metal,

d

section 9 of the Food and Environment Protection Act 198510,

e

section 1, 5 or 7 of the Control of Pollution (Amendment) Act 198911,

f

section 33, 34 or 34B of the Environmental Protection Act 199012,

g

section 85, 202 or 206 of the Water Resources Act 199113,

h

the Transfrontier Shipment of Waste Regulations 199414,

i

section 110 of the Environment Act 199515,

j

the Control of Major Accident Hazards Regulations 199916,

k

the Pollution Prevention and Control (England and Wales) Regulations 200017,

l

Part 1 of the Vehicles (Crimes) Act 200118,

m

regulation 17(1) of the Landfill (England and Wales) Regulations 200219,

n

section 327, 328 or 330 to 332 of the Proceeds of Crime Act 2002 20,

o

the Hazardous Waste (England and Wales) Regulations 200521,

p

the Hazardous Waste (Wales) Regulations 200522,

q

section 1 of the Fraud Act 200623, where the offence relates to scrap metal or is an environment-related offence,

r

the Waste Electrical and Electronic Equipment Regulations 200624,

s

regulation 38 of the Environmental Permitting (England and Wales) Regulations 200725,

t

the Producer Responsibility Obligations (Packaging Waste) Regulations 200726,

u

the Transfrontier Shipment of Waste Regulations 200727,

v

regulation 38 of the Environmental Permitting (England and Wales) Regulations 201028,

w

regulation 42 of these Regulations,

x

section 146 of the Legal Aid, Sentencing and Punishment of Offenders Act 201229,

y

the Waste Electrical and Electronic Equipment Regulations 201330,

z

the Scrap Metal Dealers Act 201331.

5B

A relevant offence also includes—

a

attempting or conspiring to commit a relevant offence;

b

inciting or aiding, abetting, counselling or procuring the commission of a relevant offence; and

c

an offence under Part 2 of the Serious Crime Act 200732 (encouraging or assisting crime) committed in relation to a relevant offence.

5C

For the purposes of paragraph (5A)—

  • “environment-related offence” means an offence which relates to the transportation, shipment or transfer of waste, or to the prevention, minimisation or control of pollution of the air, water or land which may give rise to any harm;

  • “harm” means—

    1. a

      harm to the health of human beings or other living organisms;

    2. b

      harm to the quality of the environment;

    3. c

      offence to the senses of human beings;

    4. d

      damage to property; or

    5. e

      impairment of, or interference with, amenities or other legitimate uses of the environment.

c

after paragraph (6), insert—

6A

The appropriate body must, on payment of a reasonable charge, provide any person who has been provided with a certificate of registration under paragraph (6) with a copy of the certificate if requested.

6B

The appropriate body must ensure that any copy is numbered and marked so as to show that it is a copy of the certificate and that it has been provided by the appropriate body under this regulation.

Regulation 32 (revocation of registration)5

For regulation 32(1)(a), substitute—

a

the registered person or another relevant person has been convicted of a relevant offence within the meaning of regulation 29;

Regulation 35 (the transfer note)6

Regulation 35 is amended as follows—

a

in the heading, for “The transfer note” substitute “Waste information”;

b

in paragraph (2), for “(“the transfer note”)” substitute “(“written information”)”;

c

in paragraph (3)—

i

for “a transfer note” substitute “the written information”,

ii

for “information” substitute “matters”.

d

in paragraphs (4) and (5), in each place where it occurs, for “transfer note” substitute “written information”;

e

in paragraph (6), for “a transfer note” substitute “the written information”.

Part 10A (authority to transport controlled waste)7

After regulation 45 (proceedings for contravention of section 1 of the Control of Pollution (Amendment) Act 1989), insert—

PART 10AAuthority to transport controlled waste

Specified requirements under section 5 of the Control of Pollution (Amendment) Act 198945A

1

Where a person is required to produce an authority for transporting controlled waste under section 5(2)(a) (power to require production of authority, stop and search etc) of the Control of Pollution (Amendment) Act 1989—

a

a copy of that person’s certificate of registration as a carrier of controlled waste made in accordance with regulation 29(6A) and (6B) is authority for these purposes33; and

b

where the authority cannot be produced forthwith when required to do so, the authority must be produced at, or sent to, the relevant office no later than 5 working days from when required.

2

For the purposes of paragraph (1)(b)—

a

“relevant office” means an office of the appropriate body as may be specified by the authorised officer of a regulation authority or constable at the time the requirement is made;

b

“working day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 197134.

3

For the purposes of paragraph (2)—

a

“authorised officer” has the meaning given in section 9(1B) of the Control of Pollution (Amendment) Act 198935;

b

“regulation authority” has the meaning given in section 9(1) of that Act, as read with section 9(1A) and (1AA)36.

Dan RogersonParliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs
Alun DaviesMinister for Natural Resources and Foodone of the Welsh Ministers
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Waste (England and Wales) Regulations 2011 (S.I. 2011/988) (“the Waste Regulations”). The Waste Regulations transpose, for England and Wales, Directive 2008/98/EC of the European Parliament and of the Council on waste (OJNo. L 312, 22.11.2008, p3).

Regulation 4 amends regulation 29 of the Waste Regulations by adding a new list of “relevant offences” for the purposes of refusing registration of carriers, brokers and dealers of controlled waste in accordance with regulation 29(5) and by providing for the making of copies of certificates of registration.

Regulation 6 amends regulation 35 by replacing the references in that regulation to “a transfer note” with references to “written information”.

Regulation 7 inserts a new Part relating to the production of authority for transporting controlled waste (which is the certificate of registration) where this is required under section 5(2)(a) of the Control of Pollution (Amendment) Act 1989 (c.14).

A full impact assessment of the effect that this instrument will have on business, the voluntary sector and the public sector is available from Waste Regulation and Crime, Department for Environment, Food and Rural Affairs, Area 2B, Nobel House, 17 Smith Square, London, SW1P 3JR and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.