Statutory
Instrument No. 972
The Special Waste Regulations 1996
|
Made |
28th March 1996 |
|
Laid
before Parliament
|
1st April 1996 |
|
Coming
into force |
1st September 1996 |
This Document contains amendments made by
the following:
From the Special Waste (Scotland)
Regulations 1997 SI 257
(1) This regulation applies in relation to
waste defined as special waste under regulation 2 of the Special Waste
Regulations 1996[2] which was not so defined under regulation 2
of the Control of Pollution (Special Waste) Regulations 1980[3] ("waste
now defined as special waste").
(2) A persons treated as technically competent for the purposes of section
74(3)(b) of the Environmental Protection Act 1990 pursuant to regulation 2(2)
of the Waste Management Licensing (Scotland) Regulations 1996[4] shall also be
treated as technically competent for the purposes of operations concerning
waste now defined as special waste.
(3) Subject to the condition in paragraph
(4) below, a person treated as technically competent for the purposes of
section 74(3)(b) of the Environmental Protection Act
1990 pursuant to regulation 2(1) and 2(3) of the Waste Management Licensing
(Scotland) Regulations 1996 shall also be treated as technically competent for
the purpose of operations concerning waste now defined as special waste.
(4) The condition referred to in paragraph
(3) above is that before 1st September 1997 the person applies to the Waste
Management Industry Training and Advisory Board for a certificate of technical
competence at level 4 in respect of special waste.
THESE
REGULATIONS ARE REVOKED [ENGLAND ONLY]
Where a consignment has been removed from
premises before these Regulations come into force, and a consignment note has
been raised in relation to that consignment under the 1996 Regulations,
then -
(a) for a period
of 72 hours after 16th July 2005 -
(i) the 1996 Regulations shall continue to apply in all other
respects to that consignment;
(ii) the provisions of these Regulations (other than regulation 62 (general
duties on the holder in the event of an emergency or grave danger)) shall not
apply to that consignment during that period;
(b)
thereafter -
(i) the
Hazardous Waste (England and Wales) Regulations 2005 shall apply to that
consignment except that the requirement to make a consignee quarterly return in
relation to that consignment pursuant to regulation 53 shall not arise; and
(ii) the requirement on the consignee to send a copy of the consignment note
sent to the Agency shall continue to apply in relation to any consignment sent
pursuant to the 1996 Regulations.
The Secretary of State for the Environment, as
respects England, the Secretary of State for Wales, as respects Wales, and the
Secretary of State for Scotland, as respects Scotland, being Ministers
designated[1] for the purposes of section 2(2) of
the European Communities Act 1972[2] in relation
to measures relating to the regulation and control of the transit, import and
export of waste (including recyclable materials), the prevention, reduction and
elimination of pollution caused by waste and the requirement for an assessment
of the impact on the environment of projects likely to have significant effects
on the environment, in exercise of the powers conferred upon them by section
2(2) of that Act, sections 3(1), 17, 30(4) and (5) and 104(1) of the Control of
Pollution Act 1974[3], sections 33(3), 34(5),
62(1) to (3), 74(6), 75(8) and 78 of the Environmental Protection Act 1990[4] (having, in particular, had regard in exercising
their powers under section 33(3) of that Act to the matters specified in
section 33(4) of that Act) and of all other powers enabling them in that
behalf, hereby make the following Regulations:
Citation, commencement, extent, application and
interpretation
1.—(1) These Regulations
may be cited as the Special Waste Regulations 1996 and shall come into force on
1st September 1996.
(2) These Regulations do not extend to Northern Ireland.
(3) These Regulations do not apply in relation to any special waste
in respect of which, in accordance with regulation 26 below, the Control of
Pollution (Special Waste) Regulations 1980[5]
continue to have effect.
(4) In these Regulations, unless the context otherwise requires—
"the 1990 Act"
means the Environmental Protection Act 1990;
"the 1994
Regulations" means the Waste Management Licensing Regulations 1994[6];
"Agency" means
(a) in relation to places, premises and sites in
England and Wales, the Environment Agency established by section 1 of the
Environment Act 1995[7]; and
(b) in relation to
places, premises and sites in Scotland, the Scottish Environment Protection Agency
established by section 20 of that Act;
"the approved
classification and labelling guide" means the document entitled
"Approved guide to the classification and
labelling of substances and preparations dangerous for supply (Second
edition) (Third edition) (1996 SI 2019) (Fourth
edition) (2001 SI 3148 and 2001 SI 3545 – England and Wales) approved by
the Health and Safety Commission on 18th October 1994 24th January 1996 (1996 SI 2019) 12th
October 1999 (2001 SI 3148 and 2001 SI 3545 – England and Wales) for the purposes of the Chemicals
(Hazard Information and Packaging for Supply) Regulations 1994[9];
"the approved supply list" means the
document entitled "Approved Supply List (2nd Edition) (6th Edition) (2001 SI 3148 and 2001 SI 3545 -
England and Wales) —Information approved for the classification and
labelling of substances and preparations dangerous for supply"[10] approved by the Health and Safety Commission on
18th October 1994 15th August 2000 (2001 SI 3148 and 2001 SI 3545 – England and Wales) for
the purposes of the Chemicals (Hazard Information and Packaging for Supply)
Regulations 1994;
"carrier", in relation to a consignment of
special waste, means the person who collects that waste from the premises at
which it is being held and transports it to another place;
"carrier’s round" in relation to
consignments of special waste, means a journey made by a carrier during which
he collects more than one consignment of special waste and transports all
consignments collected to the same consignee who is specified in the
consignment note;
"carrier’s
schedule" means a schedule prepared in accordance with regulation 8;
"consignee", in
relation to a consignment of special waste, means the person to whom that waste
is to be transported;
"consignment note", in relation to a
consignment of special waste, means a note in a form corresponding to the form
set out in Schedule 1 to these Regulations, or in a form substantially to the
like effect, and giving at any time the details required by these Regulations
to be shown in respect of that consignment (including, where the consignment is
one in a succession of consignments, any details required to be shown in
respect of other consignments in the succession);
"consignor", in
relation to a consignment of special waste, means the person who causes that
waste to be removed from the premises at which it is being held;
"controlled waste"
has the same meaning as in Part II of the 1990 Act[11];
"conveyance"
includes a vehicle designed to carry goods by road or rail and a vessel
designed to carry goods by water;
"harbour area" has
the same meaning as in the Dangerous Substances in Harbour Areas Regulations
1987[12];
"the Hazardous Waste
Directive" means Council Directive 91/689/EEC on hazardous waste, as
amended by Council Directive 94/31/EC[13];
"household
waste" has the same meaning as it has for the purposes of subsection (2)
of section 33 (prohibition on unauthorised or harmful deposit, treatment or
disposal etc. of waste) of the 1990 Act[14]; (amended by 1996 SI 2019)
“household waste" means waste which is
household waste for the purposes of Part II of the 1990 Act[6] or which is treated as household waste
for those purposes by virtue of regulation 2(1) of the Controlled Waste
Regulations 1992[7], other than—
(a) asbestos;
(b) waste from
a laboratory;
(c) waste from
a hospital, other than waste from a self-contained part of a hospital which is
used wholly for the purposes of living accommodation;
(Text below inserted by 2004 SSI 112 –
Scotland only – footnotes removed)
“European Waste Catalogue" means
the list of wastes pursuant to Article 1(a) of the Waste Directive and Article
1(4) of the Hazardous Waste Directive set out in Commission Decision
2000/532/EC
"holder"
means the producer of waste or the person who is in possession of it;
"producer" means any person
whose activities produce waste ("original producer") and/or any
person who carries out pre-processing, mixing or other operations resulting in
a change in the nature or composition of this waste;
"the
Waste Directive" means Council Directive 75/442/EEC on waste;
"waste"
means anything that-
(i)
is waste for the purposes of the Waste Directive; and
(ii) is not excluded from the scope of that Directive by Article 2 of that
Directive
"premises" includes
any ship;
"relevant code", in relation to a
consignment note or carrier’s schedule, means the code assigned in accordance
with regulation 4 to the consignment of special waste to which the consignment
note or carrier’s schedule relates or, where the consignment is one in a
carrier’s round, to the consignments in that round;
"risk phrase" means
the risk phrase shown under Part III of the approved supply list;
"ship" means a
vessel of any type whatsoever operating in the marine environment including
submersible craft, floating craft and any structure which is a fixed or
floating platform;
"special waste" has
the meaning given by regulation 2 of these Regulations; and
"waste management
licence" has the meaning given by section 35(1) of the 1990 Act[15].
5) Other words and expressions used in these
Regulations
and which are used in the Waste Directive or the Hazardous Waste Directive
have the same meaning as in the Waste Directive or the Hazardous Waste Directive,
as the case may be (inserted by SSI 2004 112 – Scotland only)
Meaning of special waste(as amended by 1996 SI 2019)
Meaning of special waste
2.—(1) Any controlled waste, other than
household waste,—
(a) to which a six-digit code is
assigned in the list set out in Part I of Schedule 2 to these Regulations
(which reproduces the list of hazardous waste annexed to Council Decision
94/904/EC[8] establishing a list of hazardous waste
pursuant to Article 1(4) of the Hazardous Waste Directive); and
(b) which
displays any of the properties specified in Part II of that Schedule (which
reproduces Annex III to the Hazardous Waste Directive),
is special waste.
(2) Any other controlled waste,
other than household waste, which—
(a) displays
the property H3-A (first indent), H4, H5, H6, H7 or H8 specified in Part II of
Schedule 2 to these Regulations; or
(b) is a
medicinal product, as defined in section 130 of the Medicines Act 1968[9] (meaning of "medicinal
product" etc.), of a description, or falling within a class, specified in
an order under section 58 of that Act[10] (medicinal products on prescription
only),
is special waste.
(3) For the purposes of
paragraphs (1) and (2) waste shall be treated as displaying none of the
properties H4 to H8 specified in Part II of Schedule 2 to these Regulations if
it satisfies none of the criteria set out in Part III of that Schedule.
(4) Part
IV of Schedule 2 to these Regulations (which contains rules for the
interpretation of that Schedule) shall have effect."
(Regulation 2 replaced by SSI 2004 112
– Scotland only)
2A. Except as
provided in regulation
2B (domestic asbestos waste),
these Regulations do not apply to special
waste which is
domestic waste.
Domestic
Asbestos Waste
2B. - (1) Subject to paragraphs (2) to (3), these Regulations apply to special waste which is domestic asbestos waste, except in so far as they
would, apart from this paragraph, impose obligations on a person to whom
paragraph (2) applies.
(2)
This paragraph applies to a person who is both the original producer of the
domestic waste and who
is either-
(a)
a person who resides at the domestic premises at which
the asbestos waste arises; or
(b) a person who is acting on behalf of such a person without reward.
(3) In the application of
these Regulations to
asbestos waste-
(a)
not being domestic waste;
and
(b) produced in the course of any of the activities of construction,
modification, repair and maintenance (including structural works) or demolition
of domestic premises or any part thereof,
these Regulations
operate in relation to a domestic occupier who has engaged any person, other
than a person mentioned in paragraph (2)(b), for the carrying out of any such
activity so as to treat that person as the producer of the asbestos waste to the exclusion of the
occupier.
Certain radioactive waste to be special waste
3. Section
62 (special provision with respect to certain dangerous and intractable waste)
of the 1990 Act[20] shall have effect, without
modification, so as to empower the Secretary of State to make provision for
waste which would be controlled waste but for the fact that it is radioactive
waste within the meaning of the Radioactive Substances Act 1993[21];
and paragraphs (1) and (2) of regulation 2 regulations
2 to 2B - SSI 2004 112 – Scotland only shall apply to any such waste as
if it were controlled waste.
Coding of consignments (as
amended by 1996 SI 2019)
4.—(1) Subject to paragraph (3), an Agency shall assign or supply
forthwith to any person, on request, for the purpose of assigning to a
consignment of special waste or, where the consignment is one in a carrier’s
round, to the consignments in that round, a code unique to that consignment or
round, as the case may be.
(2) A code assigned or supplied in
accordance with paragraph (1) may consist of letters, numbers or symbols, or
any combination of letters, numbers and symbols, or a bar code which enables
the consignment or carrier’s round, as the case may be, to be identified
electronically.
(3) The Agency need not assign or
supply a code for a consignment or round until any fee required in respect of
it under regulation 14(1) has been paid.
(for Scotland
only – SSI 2004 112) Packaging and labelling of special waste
Consignment notes: standard procedure
5.—(1) Except in a
case to which regulation 6, 8 or 9 applies, this regulation applies where a
consignment of special waste is to be removed from the premises at which it is
being held.
(2) Before the consignment is removed—
(a) five copies of the
consignment note shall be prepared, and, on each copy, Parts A and B shall be
completed and the relevant code entered;
(a) five copies of
the consignment note shall be prepared, and, on each copy, Parts A and B shall
be completed, and there shall be entered on the consignment note-
(i) the relevant code;
(ii) the six digit code assigned to the waste in the European Waste Catalogue;
and
(iii) the postcode of the producer of the waste (new Regulation 5(2)(a) 2004 SSI 112 – Scotland
only)
(b) the consignor shall
ensure that one of those copies (on which Parts A and B have been completed and
the relevant code entered) is furnished to the Agency for the place to which
the consignment is to be transported;
(c) the carrier shall
complete Part C on each of the four remaining copies; and
(d) the consignor—
(i) shall
complete Part D on each of those copies;
(ii) shall retain one
copy (on which Parts A to D have been completed and the relevant code entered);
and
(iii) shall give the
three remaining copies (on which Parts A to D have been completed and the
relevant code entered) to the carrier.
(3) The carrier shall ensure that the
copies which he has received—
(a) travel with the
consignment; and
(b) are given to the
consignee on delivery of the consignment.
(4) Subject to regulation 10, on receiving the consignment the
consignee shall—
(a) complete Part E on
the three copies of the consignment note given to him;
(b) retain one copy;
(c) give one copy to the
carrier; and
(d) forthwith furnish
one copy to the Agency for the place to which the consignment has been
transported.
(5) The carrier shall retain the copy of
the consignment note given to him by the consignee.
Consignment notes: cases in which
pre-notification is not required
6.—(1) For
the purposes of regulation 7, except in a case to which regulation 8 applies,
this regulation applies—
(a) subject to paragraph (2)(a), to the removal,
from the premises at which it is being held, of each of the second and any
subsequent consignment of special waste in a succession of consignments of
special waste,
(b) subject to paragraph (2)(b), to the removal
as a consignment of special waste of a product or material for the purposes of
the return by the person to whom the product or material had been supplied to
the person who supplied it to him or who manufactured it,
(c) subject to paragraph
(2)(c), to the removal of a consignment of special waste where the consignor
and the consignee are bodies corporate belonging to the same group,
(d) to the removal from
a ship in a harbour area of a consignment of special waste to a conveyance for
transportation to a place outside that area, and
(e) to the removal of a consignment of special
waste which consists entirely of lead acid motor vehicle motor vehicle (2001 SI
3148 and 2001 SI 3545 – England and Wales) batteries.
(2) This regulation does not apply unless—
(a) in the case
mentioned in paragraph (1)(a), in respect of each consignment—
(i) the
waste is of the same description as the waste in the first of the consignments
in the succession;
(ii) the consignor is
the same person;
(iii) the consignee is
the same person;
(iv) the premises from
which the consignment is removed are the same;
(v) the place to which
the consignment is transported is the same; and
(vi) the removal of the
consignment takes place within one year of the removal of the first consignment
in the succession;
(b) in the case mentioned in paragraph (1)(b),
the person to whom the product or material was supplied is satisfied that, as
supplied, the product or material fails to meet any specification which he
expected it to meet;
(c) in the case mentioned in paragraph (1)(c),
the removal is for the purposes of an operation within either paragraph 15 of
Part III, or paragraph 13 of Part IV, of Schedule 4 to the 1994 Regulations,
and the consignee either—
(i) is
the holder of a waste management licence which authorises the relevant
operation; or
(ii) carries on any
activity to which section 33(1)(a) and (b) of the 1990 Act[22]
does not apply by virtue of regulation 16 or 17 of the 1994 Regulations.
(3) In paragraph (1)(c) "group", in relation to a body
corporate, means that body corporate, any other body corporate which is its
holding company or subsidiary and any other body corporate which is a
subsidiary of that holding company; and for these purposes—
"body corporate"
does not include a corporation sole or a Scottish partnership, but includes a
company incorporated elsewhere than in Great Britain; and
"holding company"
and "subsidiary" have the meaning given by section 736 of the
Companies Act 1985[23].
Consignment notes: procedure where
pre-notification is not required
7. Paragraph
(2), with the exception of sub-paragraph (b), and paragraphs (3) to (5) of
regulation 5 shall apply in cases to which regulation 6 applies as if—
(a) "four"
were substituted for "five" in sub-paragraph (a) of paragraph (2);
(aa) references to the relevant code in regulation 5(2)(a) were references,
in relation to the case mentioned in regulation 6(1)(a), to the relevant code
and the code for the first consignment in that succession; (2001 SI
3148 and 2001 SI 3545 – England and Wales)
(b) references to the
consignor were references—
(i) in
relation to the case mentioned in regulation 6(1)(b), to the person to whom the
product or material was supplied; and
(ii) in relation to the
case mentioned in regulation 6(1)(d), to the master of the ship; and
(c) references to the
consignee were references, in relation to the case mentioned in regulation
6(1)(b), to the person to whom the product or material is to be returned.
Consignment notes: carrier’s rounds
8.—(1) This
regulation applies to a carrier’s round or to a succession of such rounds by the
same carrier starting and ending within a twelve month period in respect of
which:
(a) every consignor is a person specified in the
consignment note or in the schedule prepared in accordance with paragraph
(2)(b)(iii) or whose particulars are notified in writing to the Agency not less
than 72 hours before the removal of the first waste on the carrier’s round;
(b) the premises from
which the special waste is removed are:
(i) specified in the
consignment note or in the schedule prepared in accordance with paragraph
(2)(b)(iii) or notified in writing to the Agency not less than 72 hours before
the removal of the first waste on the carrier’s round; and
(ii) so located that the
Agency for each of those premises is the same;
(c) the special waste is
of a description specified in the consignment note; and
(d) in the case
of a single round other than a round that satisfies the requirements of
regulation 14(2)(a), the time between the collection of the first consignment
and delivery to the consignee is no more than 24 72
(2001 SI 3148 and 2001 SI 3545 – England and Wales) hours.
(2) Before the first removal of waste, the carrier shall,
(a) on any carrier’s
round which is not in a succession or on the first round in such a succession,
ensure that
(i) Parts A and B of
the consignment note are completed and that the relevant code is entered;
(ii) except where the special waste to be collected on the carrier's round
consists entirely of lead acid motor vehicle (motor vehicle 2001 SI
3148 and 2001 SI 3545 – England and Wales) batteries,
one copy of the consignment note is furnished to the Agency for the place to
which the special waste is to be transported; (1996
SI 2019)
(b) on every round—
(i) prepare four three
copies of the consignment note in addition to one copy for each consignor from
whom waste is to be collected during the round; (1996
SI 2019)
(ii) , complete on those copies Parts A and B, the carrier’s
particulars and particulars of transport in Part C, the code assigned or
supplied under regulation 4 in respect of the round and, if it is a second or
subsequent round, the code in respect of the first round; and
(iii) ensure that four
copies of a schedule are prepared in the form set out in Part II of Schedule 1
to these Regulations, or in a form substantially to the like effect, in
addition to one consignor’s copy for each site from which waste is to be
collected during that round.
(2A) In a
case where waste of more than one description is specified in the consignment
note, either—
(a) the schedule referred to in
paragraph (2)(b)(iii) shall contain a separate entry for each description of
waste to be collected from each consignor showing the description of waste to
which that entry relates; or
(b) each entry
in the schedule shall show the different descriptions of the waste to be
collected and, for each such description, the quantity of the waste to be
collected
(1996 SI 2019)
(3) The
consignor shall, before the removal of waste from a site, complete on all the
copies and includes a record of the time at which it is
completed that part of the schedule indicated on it as for completion by
him. (1996 SI 2019)
(4) The carrier shall ensure, before the removal of the waste, that—
(a) the part of the
schedule indicated on it as for completion by him is completed on all the
copies; and
(b) he has all copies of
the schedule (on which the part to be completed by the consignor has been
completed) except the copy to be retained by the consignor under paragraph (5).
(5) The consignor shall retain in respect of each site one copy of
the consignment note and of that part of the schedule on which the parts to be
completed by him and by the carrier have been completed.
(5A) Before the removal of the last consignment of waste on the carrier's
round, the carrier shall complete Part C on the three copies of the consignment
note retained by him (1996 SI 2019)
(6) The carrier shall ensure that the copies of the consignment note
and of the schedule which he has received—
(a) are completed
with respect to that round;
(b) (a) travel with the waste to which they
refer; (1996 SI 2019)
(c) (b) are given to the consignee on delivery
of the waste. (1996 SI 2019)
(7) Subject to regulation 10, on receiving the waste collected on
each round, the consignee shall—
(a) complete Part E on
the three copies of the consignment note given to him;
(b) retain one copy of
the consignment note and one copy of the schedule;
(c) give to the carrier
a copy of the consignment note and a copy of the schedule; and
(d) forthwith furnish to
the Agency for the place to which the consignment has been transported one copy
of the consignment note and one copy of the schedule.
(8) The carrier shall retain the copies
given to him in accordance with paragraph (7)(c).
Consignment notes: removal of ships’ waste to
reception facilities
9.—(1) This
regulation applies where special waste is removed from a ship in a harbour area
to—
(a) reception facilities
provided within that harbour area; or
(b) by pipeline to any
such facilities provided outside a harbour area.
(2) Before the waste is removed from the
ship—
(a) three copies of the
consignment note shall be prepared and Parts A and B shall be completed and the
relevant code entered on each of those copies;
(b) the operator of the
facilities shall complete Part C on each of those copies; and
(c) the master of the
ship—
(i) shall
ensure that Part D is completed on each of those copies;
(ii) shall retain one
copy (on which Parts A to D have been completed); and
(iii) shall give the two
remaining copies (on which Parts A to D have been completed) to the operator of
the facilities.
(3) On receiving a consignment of special waste
the operator of the facilities shall—
(a) complete Part E on
the copies of the consignment note which he has received;
(b) retain one copy; and
(c) forthwith furnish
the other copy to the Agency for the place where the facilities are situated.
Consignment notes etc.: duty
of consignee not accepting delivery of a consignment
10.—(1) This
regulation applies where the consignee does not accept delivery of a
consignment of special waste.
(2) In a case to which this regulation
applies the requirements of regulation 5(4) (including that paragraph as
applied in cases to which regulation 6 applies) or 8(7), as the case may be,
shall not apply to the consignee.
(3) If, in a case to which this regulation applies, copies of the
consignment note have been given to the consignee he shall—
(a) indicate on Part E
of each copy that he does not accept the consignment and the reasons why he
does not accept the consignment;
(b) retain one copy;
(c) ensure that
one copy, accompanied by one copy of any carrier’s schedule given to him in
accordance with regulation 8 (annotated to show which
consignment is not accepted - 2001 SI 3148 and 2001 SI 3545 – England and
Wales), are furnished forthwith to the Agency for the place to which the
special waste has been transported; and
(d) ensure that the
other copy is returned to the carrier forthwith.
(4) If, in a case to which this regulation applies, no copies of the
consignment note have been given to the consignee he shall ensure that a
written explanation of his reasons for not accepting delivery, including such
details of the consignment and of the carrier as are known to him, is furnished
forthwith to the Agency for the place to which the special waste has been
transported.
(5) In a case to which this regulation applies—
(a) on being informed
that the consignee will not accept delivery of the consignment, the carrier
shall inform the Agency and seek instructions from the consignor;
(b) the consignor shall
forthwith inform the carrier and the Agency of his intentions as regards the
consignment; and
(c) the carrier shall
take all reasonable steps to ensure that the consignor’s intentions are
fulfilled.
(6) For the purposes of paragraph (5), the
consignor may propose one of the following, namely—
(a) the delivery of the
consignment to the premises from which it had been collected;
(b) the delivery of the
consignment to the premises at which it had been produced;
(c) the delivery of the consignment to other
specified premises in respect of which there is held any waste management
licence necessary to authorise the receipt of the waste.
Consignment notes: requirement for a new consignment note – 2001 SI 3148
and 2001 SI 3545 – England and Wales
10A - (1) This regulation applies
where, in accordance with regulation 10(6)(c), a consignor proposes that a
consignment be delivered to other specified premises in respect of which there
is held any waste management licence necessary to authorise receipt of the
waste.
(2) Before the consignment is delivered to those premises -
(a) four copies of
a new consignment note shall be prepared and
(i) on each copy Parts A and B shall be completed and the
relevant code (including the previous code) shall be entered;
(ii) to each copy shall be attached a copy of any relevant previous carrier's
schedule, annotated to show which consignment was not accepted;
(b) the carrier
shall complete Part C on each of those copies;
(c) the consignor, subject to paragraph (3) below -
(i) shall complete
Part D on each of those copies;
(ii) shall retain one copy (on which Parts A to D have been completed and the
relevant codes entered); and
(iii) shall give the three remaining copies (on which Parts A to D have been
completed and the relevant codes entered) to the carrier.
(3) The carrier may, where he has received
written instructions from the consignor to that effect, complete Part D of each
of the copies of the consignment note on behalf of the consignor, and where he
does so he shall send to the consignor the consignor's copy (on which Parts A
to D have been completed and the relevant codes entered).
(4) The carrier shall ensure that the three
copies of the consignment note which he has received (or, if paragraph (3)
applies, retained) -
(a) travel with the
consignment; and
(b) are given to the consignee on delivery of the consignment.
(5) Subject to regulation 10, on receiving
the consignment the consignee shall -
(a) complete Part E
on all copies of the consignment note given to him;
(b) retain one copy;
(c) give one copy to the carrier; and
(d) forthwith furnish one copy to the Agency for the place to which the
consignment has been transported.
(6) The carrier shall retain the copy of the
consignment note given to him by the consignee.
Consignment notes: duties of the Agencies
11.—(1) Subject
to paragraph (2), where—
(a) an Agency ("the receiving Agency")
has been furnished with a copy of a consignment note under regulation 5, 7, 8,
9 or 10 or with a copy of the explanation under regulation 10(4); and
(b) the other Agency is
the Agency for the premises from which the special waste was removed,
the receiving
Agency shall, within two weeks of receipt, send to the other Agency one copy of
the consignment note or explanation as the case may be.
(2) Where copies have been furnished—
(a) under regulation 7
in a case to which regulation 6 applies by virtue of paragraph (1)(d) of that
regulation, or
(b) under regulation
9(3)(c),
paragraph
(1) shall have effect as if the reference to the premises from which the
special waste was removed were a reference to the harbour area in which the
special waste was removed from the ship.
Consignment notes: provisions as to furnishing
12.—(1) Subject
to paragraphs (2), (3) and (6), a copy of a consignment note required by
regulation 5 or 8 to be furnished to an Agency must be furnished not more than
one month and not less than 72 hours before the removal of the consignment.
(2) Subject to paragraphs (3) and (6), a copy of a consignment note
required to be furnished by regulation 8(2)(a)(ii)
shall be furnished not less than 72 hours before the removal of the first
consignment to which the consignment note relates.
(3) The copy of the consignment note mentioned in paragraphs (1) and
(2) may be furnished to the Agency within 72 hours before the removal where—
(a) the consignment is
to be delivered to other specified premises pursuant to a proposal under
regulation 10(6)(c);
(b) the consignment
cannot lawfully remain where it is for 72 hours.
(4) The requirements of paragraphs (1) and
(2) shall be treated as satisfied if—
(a) a facsimile of the copy is furnished to the
Agency by telephonic, electronic or other similar means of transmission in
compliance with the time limits set out in those paragraphs, and
(b) the copy is
furnished to the Agency before or, in accordance with paragraph (5) below,
forthwith upon removal of the consignment.
(5) A copy of a consignment note or a
written explanation of reasons for refusing to accept delivery of any special
waste is furnished to an Agency in accordance with this paragraph if it, and
any document required to be furnished with it, is—
(a) delivered to the
Agency, or
(b) posted to the Agency
by pre-paid first class post,
within
one day of the receipt, removal or refusal to accept delivery of the special
waste in question, as the case may be.
(6) In reckoning any period of hours for
the purposes of paragraphs (1), (2) and (3), the hours of any Saturday, Sunday,
Good Friday, Christmas Day, bank holiday or other public holiday shall be
disregarded.
Consignment notes: importers and exporters
13.—(1) Subject to
paragraphs (3) and (4), regulations 5 to 12 shall apply to special waste
imported into Great Britain from Northern Ireland or Gibraltar as if—
(a) any reference to the
consignor were a reference to the person importing the special waste;
(b) any reference to the premises at which the
special waste is being held and from which it is removed were a reference to
the place where it first enters Great Britain; and
(c) the special waste is
removed from that place at the time when it first enters Great Britain.
(2) Subject to paragraph (4), these
Regulations shall apply to special waste exported from Great Britain to
Northern Ireland or Gibraltar as if—
(a) any reference to the
consignee were a reference to the person exporting the waste; and
(b) the consignment of
special waste is received by that person at the place where and the time when
it leaves Great Britain.
(3) Paragraph (1) does not apply in a case
to which either regulation 6(1)(d) or regulation 9
applies.
(4) Nothing in regulations 5 to 12 shall apply in relation to
shipments of waste to which the provisions of Council Regulation (EEC) No.
259/93[24], other than Title III of that
Regulation, apply.
Fees
14.—(1) Subject to paragraph (2), (as
amended by 1996 SI 2019) when it assigns or supplies in connection with the assignment or supply of a code
for a consignment or a carrier’s round in accordance with regulation 4(1), an
Agency shall require payment of a fee of -
(a) £10 in respect of a code relating to a
consignment, or a round, which consists entirely of lead acid motor vehicle
batteries;
(b) £15 in other cases.
[fee prescribed for
the purposes by a charging scheme under section 41 of the Environment Act 1995
(2001 SI 3148 and 2001 SI 3545 – England and Wales)]
(2) An Agency shall not require payment of
a fee where the code is assigned or supplied in connection with:
(a) a second or subsequent carrier’s round in a
succession of such rounds, in respect of which such
rounds in which a single vehicle is used and in respect of which (1996 SI 2019)
—
(i) the
carrier is also the consignee in relation to every consignment in all the
rounds; (Regulation 14(2)(a)(i)
is deleted by 2001 SI 3148 and 2001 SI 3545 – England and Wales)
(ii) no more than one
consignment is collected from any consignor during the succession;
(iii) the total weight of special waste collected
in each round (in the succession – 2001 SI 3148 and
2001 SI 3545 – England and Wales) does not exceed 400 kg; and
(iv) the time between
the collection of the first consignment on the first round in the succession
and the delivery of the last consignment to the place to which it is to be
transported is no more than one week.
(b) the removal of a
single consignment of special waste for the purposes set out in regulation
6(1)(b) provided that the person to whom the product or material was supplied
is satisfied that it fails to meet any specification which he expected it to
meet; or
(c) the removal of
special waste from a ship in a harbour area—
(i) to
a conveyance for transportation to a place outside that area;
(ii) to reception
facilities provided within the same harbour area; or
(iii) by pipeline to
reception facilities provided outside the harbour area.
(3) Where an Agency assigns or
supplies a code under regulation 4(1) without the fee required under this regulation
having been paid to it, the person who requested the assignment or supply shall
be required to pay the fee to that Agency within the period of two months
beginning with the date on which the request was made (1996
SI 2019).
15.—(1) At
each site from which any consignment of special waste has been removed, the
consignor shall keep a register containing—
(a) a copy of the
consignment note; and
(b) where the
consignment is one to which regulation 8 applies, a copy of that part of the
carrier’s schedule retained under regulation 8(5),
applicable
to each consignment removed from that site.
(2) Every carrier shall keep a register containing—
(a) a copy of the
consignment note; and
(b) where the
consignment is one to which regulation 8 applies, a copy of the carrier’s
schedule,
applicable
to each consignment which he has transported.
(3) At each site at which any consignment of special waste has been
received, the consignee shall keep a register containing—
(a) a copy of the consignment
note; and
(b) where the
consignment is one to which regulation 8 applies, a copy of the carrier’s
schedule,