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

• Citation: S.I. 2014/656
• Sections: 7

Section 1 Title, commencement and interpretation

(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 2011 .

Section 2 Amendment of the Waste Regulations

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

Section 3 Regulation 24 (interpretation)

For regulation 24(3)(b), substitute—

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

Section 4 Regulation 29 (procedure for registration)

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 1964 ,

(b) section 1, 8, 9, 10, 11, 17, 18, 22 or 25 of the Theft Act 1968 , 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 1979 , where the offence relates to scrap metal,

(d) section 9 of the Food and Environment Protection Act 1985 ,

(e) section 1, 5 or 7 of the Control of Pollution (Amendment) Act 1989 ,

(f) section 33, 34 or 34B of the Environmental Protection Act 1990 ,

(g) section 85, 202 or 206 of the Water Resources Act 1991 ,

(h) the Transfrontier Shipment of Waste Regulations 1994 ,

(i) section 110 of the Environment Act 1995 ,

(j) the Control of Major Accident Hazards Regulations 1999 ,

(k) the Pollution Prevention and Control (England and Wales) Regulations 2000 ,

(l) Part 1 of the Vehicles (Crimes) Act 2001 ,

(m) regulation 17(1) of the Landfill (England and Wales) Regulations 2002 ,

(n) section 327, 328 or 330 to 332 of the Proceeds of Crime Act 2002 ,

(o) the Hazardous Waste (England and Wales) Regulations 2005 ,

(p) the Hazardous Waste (Wales) Regulations 2005 ,

(q) section 1 of the Fraud Act 2006 , where the offence relates to scrap metal or is an environment-related offence,

(r) the Waste Electrical and Electronic Equipment Regulations 2006 ,

(s) regulation 38 of the Environmental Permitting (England and Wales) Regulations 2007 ,

(t) the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 ,

(u) the Transfrontier Shipment of Waste Regulations 2007 ,

(v) regulation 38 of the Environmental Permitting (England and Wales) Regulations 2010 ,

(w) regulation 42 of these Regulations,

(x) section 146 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ,

(y) the Waste Electrical and Electronic Equipment Regulations 2013 ,

(z) the Scrap Metal Dealers Act 2013 .

(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 2007 (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—

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

harm to the quality of the environment;

offence to the senses of human beings;

damage to property; or

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.

Section 5 Regulation 32 (revocation of registration)

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;

Section 6 Regulation 35 (the transfer note)

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”.

Section 7 Part 10A (authority to transport controlled waste)

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

Authority to transport controlled waste

Specified requirements under section 5 of the Control of Pollution (Amendment) Act 1989

(45A)

(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 purposes ; 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 1971 .

(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 1989 ;

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