The Special Waste (Amendment) (England and Wales) Regulations 2001 © Crown Copyright 2001 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Special Waste (Amendment) (England and Wales) Regulations 2001, ISBN 0 11 038855 0. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Secretary of State, being a Minister 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) and the prevention, reduction and elimination of pollution caused by waste, in exercise of the powers conferred on her by section 2(2) of that Act, sections 34(5) and 62(1) to (3) of the Environmental Protection Act 1990[3] and all other powers enabling her in that behalf, hereby makes the following Regulations: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Special Waste (Amendment) (England and Wales) Regulations 2001 and shall come into force -
(b) in the case of regulation 10, 1st December 2001; and (c) in the case of regulation 11, 1st May 2002.
(2) Regulations 2 and 12 extend to England and Wales.
(b) in the definition of "the approved supply list"[5], for "(3rd Edition)" substitute "(Sixth edition)", and for "24th January 1996" substitute "15th August 2000".
Consignment notes: cases in which pre-notification is not required
Consignment notes: carrier's rounds
(b) in paragraph (2)(a)(ii), omit "motor vehicle".
Consignment notes: duty of consignee not accepting delivery of a consignment
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 -
(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;
(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).
(b) are given to the consignee on delivery of the consignment.
(5) Subject to regulation 10, on receiving the consignment the consignee shall -
(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.".
Fees
(c) in paragraph (2)(a)(iii), after "each round" insert "in the succession".
Form of consignment note
(b) in Part C of the form, for "(name & address)" substitute "(name, address & postcode)"; and (c) in Part E of the form, after "I received this waste" and after "the waste described in B", insert "at the address given in A2".
Carrier's schedule
(b) in paragraph 2(i), for "Part V" substitute "Part I".
(This note is not part of the Regulations) These Regulations amend the Special Waste Regulations 1996 ("the Principal Regulations"). Regulation 2 introduces the amendments set out in regulations 3 to 12, of which those in regulations 3 to 11 extend to England only. Regulation 3 updates references in regulation 1 of the Principal Regulations to the current editions of the approved classification and labelling guide and the approved supply list under the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994. The 1994 Regulations have most recently been amended by the Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2000 [S.I. 2000/2381] and copies of the new (Fourth) edition of the approved labelling guide and of the new (Sixth) edition of the approved supply list may be obtained from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA. Regulation 4 amends regulation 6(1) of the Principal Regulations by removing the "motor vehicle" battery limitation in respect of loads of lead acid batteries for which pre-notification is not required. Regulation 5 amends regulation 7 of the Principal Regulations so that for a second and subsequent consignments in a succession of consignments of special waste the code identifying the first consignment in that succession must be entered on the consignment note in addition to the relevant code for the consignment in question. Regulation 6(a) amends regulation 8(1)(d) of the Principal Regulations by extending from 24 hours to 72 hours the time in which a carrier's round must be completed. Regulation 6(b) removes the "motor vehicle" battery limitation from the lead acid battery loads exception in regulation 8(2)(ii) of the Principal Regulations from the requirement to provide the Agency for the place of delivery with a copy of the consignment note before the removal of the first waste on the round. Regulation 7 amends regulation 10(3)(c) of the Principal Regulations so as to require that, where a consignee rejecting a delivery has received a consignment note, the copy of any carrier's schedule which he forwards to the Agency for the new destination is annotated to indicate which loads are not accepted. Regulation 8 inserts a new regulation 10A. Regulation 10A provides that a new consignment note must be prepared where a consignment is rejected by the consignee and is redirected to premises other than those from which they were collected or where they had been produced and sets out the procedure to be followed for the new consignment note. It also allows a carrier to sign Part D of the consignment note where he has the written authority of the consignor. Regulation 9(a) amends regulation 14(1) of the Principal Regulations so that fees are set by the Agency in a charging scheme under section 41 of the Environment Act 1995, rather than by the Secretary of State. Regulation 9(b) amends regulation 14(2)(a) by removing the first condition for a second or subsequent carrier's round in a succession of rounds to be exempted from payment of a fee for the assignment of a code (that the carrier is also the consignee in relation to every consignment in all the rounds). Regulation 9(c) amends the conditions in regulation 14(2)(a)(iii) of the Principal Regulations by making it clear that the total weight limit of 400kg applies to each round in the succession. Regulation 10 makes minor amendments to Parts B, C and E of the prescribed form of consignment note in Schedule 1 to the Principal Regulations. Regulation 11 substitutes a new prescribed form of carrier's schedule in Schedule 1 to the Principal Regulations. Additional information required is the postcode of the address of origin, the time of the carrier's signature, and a description of waste removed. Regulation 12 makes changes to references in the Rules for the Interpretation of Schedule 2 of the Principal Regulations to encompass amendments to Council Directive 67/548/EEC on the Classification, Packaging and Labelling of Dangerous Substances. Notes: [1] S.I. 1993/2661 and 1992/2870.back [3] 1990 c. 43; section 62 was amended by paragraph 80 of Schedule 22 to the Environment Act 1995 (c. 25). The powers conferred by sections 34(5) and 62(1) to (3) are exercisable by the Secretary of State only in relation to England; see article 2 of, and the entries relating to the Environmental Protection Act 1990 in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). As to the continued exercise of the Secretary of State's functions for the purpose of implementing any Community obligation of the United Kingdom: see paragraph 5 of Schedule 3 to the Government of Wales Act 1998 (c. 38).back [4] S.I. 1996/972 relevant amending instruments are S.I. 1996/2019, 1997/251.back [5] The definition of approved supply list was amended by paragraph 2 to the Schedule to S.I. 1996/2019.back [7] Part IV was added by S.I. 1996/2019.back [8] OJ No. L 110, 04.05.1993, p. 20-21.back [9] OJ No. L 248, 30.09.1996, p. 1-230.back [10] OJ No. L 305, 16.11.1998, p. 1-181 as amended by OJ No. L 285, 08.11.1999, p. 1.back [11] OJ No. L 136, 08.06.2000, p. 1.back [12] OJ No. L 136, 08.06.2000, p. 90.back
ISBN 0 11 038855 0
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