The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024

Household packaging waste

9.—(1) In these Regulations, “ household packaging waste” means packaging waste which is household waste, but does not include—

(a) any waste for which a collection charge may be made by a relevant authority under regulations made under section 45(3) of the 1990 Act or article 20(3) of the Waste and Contaminated Land (Northern Ireland) Order 1997(1);

(b) any waste from a place of worship;

(c) any ground litter or binned packaging waste; or

(d) any packaging waste which is discarded together with food waste in a receptacle for food waste where the food waste in that receptacle is collected separately from other household waste by the relevant authority collecting that waste.

(2) In this regulation—

“food waste”—

(a)

in relation to England, means waste that—

(i)

at any time before becoming waste, was food; or

(ii)

is biodegradable waste arising from the processing or preparation of food,

and for these purposes “food” means food intended for human consumption but does not include drink;

(b)

in relation to Wales, has the meaning given in section 34D(5) of the 1990 Act as it applies in Wales(2);

(c)

in relation to Scotland, has the meaning given in section 75(7B) of the 1990 Act as it applies in Scotland(3);

(d)

in relation to Northern Ireland, has the meaning given in article 2(2) of the Waste and Contaminated Land (Northern Ireland) Order 1997(4);

“household waste” has the meaning given by—

(a)

in Scotland, section 75 of the 1990 Act(5), read with the Controlled Waste Regulations 1992(6);

(b)

in England and Wales, section 75 of the 1990 Act(7), read with the Controlled Waste (England and Wales) Regulations 2012(8);

(c)

in Northern Ireland, article 2(1) of the Waste and Contaminated Land (Northern Ireland) Order 1997, read with the Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013(9);

“place of worship” means—

(a)

in England and Wales, a hereditament or premises exempted from local non-domestic rating by virtue of paragraph 11 of Schedule 5 to the Local Government Finance Act 1988 (places of worship etc.)(10);

(b)

in Scotland, a hereditament or premises exempted from local non-domestic rating by virtue of section 22 of the Valuation and Rating (Scotland) Act 1956 (churches etc.)(11);

(c)

in Northern Ireland, any hereditament which is distinguished as exempt from rates by virtue of article 41(2)(b) of the Rates (Northern Ireland) Order 1977(12) in so far as it relates to purposes connected with public religious worship.

(1)

S.I. 1997/2778 (N.I. 19).

(2)

Section 34D was inserted into the 1990 Act, in relation to Wales, by section 66(1) of the Environment (Wales) Act 2016 (anaw 3).

(3)

Subsection (7B) was inserted into the 1990 Act, in relation to Scotland, by S.S.I. 2012/148.

(4)

The definition of “food waste” was inserted into article 2(2) by S.R. 2015 No. 14.

(5)

Relevant amendments to section 75 in relation to Scotland have been made by paragraph 88(3) of Schedule 22 to the Environment Act 1995 (c. 25), paragraph 17 of Schedule 3 to the Regulation of Care (Scotland) Act 2001 (asp 8) and S.S.I. 2005/22.

(6)

S.I. 1992/588.

(7)

Relevant amentments to section 75 in relation to England and Wales have been made by paragraph 88(3) of Schedule 22 to the Environment Act 1995 (c. 25) and S.I. 2006/937 and 2019/620.

(8)

S.I. 2012/811.

(9)

S.R. 2013 No. 255, amended by S.R. 2014 No. 117, S.R. 2018 No. 200, S.I. 2019/289 and S.R. 2020 No. 285.

(10)

1998 c. 41. Paragraph 11 was amended by paragraph 3 of Part 1 of Schedule 10 to the Local Government Finance Act 1992 (c. 14).

(11)

1956 c. 60. Section 22 was substituted by paragraph 10 of Schedule 13 to the Local Government Finance Act 1992 (c. 14).

(12)

S.I. 1997/2157 (N.I. 28).