Made | 23rd March 2005 | ||
Laid before Parliament | 24th March 2005 | ||
Coming into force in accordance with regulation 1(1) |
1. | Citation, commencement, extent and territorial application |
2. | The Waste Directive and the meaning of waste |
3. | The Hazardous Waste Directive |
4. | The List of Wastes |
5. | General Interpretation |
6. | Hazardous waste |
7. | Non-hazardous waste |
8. | Specific waste to be treated as hazardous |
9. | Specific waste to be treated as non-hazardous |
10. | Provisions common to regulations 8 and 9 |
11. | Requisite bodies |
12. | General application of Parts 4 to 11 |
13. | Asbestos waste |
14. | Separately collected domestic fractions |
15. | Radioactive waste |
16. | Agricultural waste |
17. | Mines and quarries waste |
18. | Meaning of mixing hazardous waste |
19. | Prohibition on mixing hazardous waste without a permit |
20. | Duty to separate mixed wastes |
21. | Requirement to notify premises |
22. | Prohibition on removal of hazardous waste from premises unless notified or exempt |
23. | Exemption from the requirement to notify |
24. | Notification by producer |
25. | Notification by consignor |
26. | Common provisions on notifications |
27. | Premises Code |
28. | Effective time |
29. | Mobile Services |
30. | The qualifying limitation |
31. | The tenure restriction |
32. | General interpretation of Part 5 |
33. | Coding standard |
34. | Consignment codes |
35. | Completion of consignment notes |
36. | Standard procedure |
37. | Schedule of carriers |
38. | Multiple collections |
39. | Removal of ships' wastes to reception facilities |
40. | Removal of ships' wastes other than to reception facilities |
41. | Removal of wastes by pipeline |
42. | Duty of consignee not accepting delivery |
43. | Further consignment note for rejected consignment |
44. | Procedure for rejected multiple collection consignments |
45. | Duty to deliver consignment promptly |
46. | Cross border movement of hazardous waste |
47. | Records of tipped (discharged) hazardous waste |
48. | Records of disposal or recovery of hazardous waste by other means |
49. | Producers', holders' and consignors' records |
50. | Carrier's records |
51. | Registers and records: common provisions |
52. | Previous holder's right to information |
53. | Consignee and self-disposal quarterly returns |
54. | Consignee's return to the producer, holder or consignor |
55. | Duties to supply information |
56. | Inspections of hazardous waste producers |
57. | Inspections of collection and transport operations |
58. | Agency to retain registers etc |
59. | Fees |
60. | Provision of information to the Secretary of State |
61. | General |
62. | General duties on the holder in the event of an emergency or grave danger |
63. | General duties of the Agency |
64. | Enforcement |
65. | Offences |
66. | Defences |
67. | Liability of persons other than the principal offender |
68. | False and misleading information |
69. | Penalties |
70. | Fixed penalties |
71. | Offences |
72. | Lists of waste displaying hazardous properties |
73. | Waste other than controlled waste |
74. | Definition of Hazardous Waste |
75. | Savings for certain privileges |
76. | Revocations and savings |
77. | Consequential Amendments |
78. | Transitional Provisions |
Schedule 1 | Annex I to the Hazardous Waste Directive |
Schedule 2 | Annex II to the Hazardous Waste Directive |
Schedule 3 | Annex III to the Hazardous Waste Directive |
Schedule 4 | Form of Consignment Note |
Schedule 5 | Schedule of Carriers |
Schedule 6 | Form of multiple collection consignment note |
Schedule 7 | UK cross border movement of hazardous waste |
Schedule 8 | Form of consignee's return to producer or holder |
Schedule 9 | Transitional charges by the agency |
Schedule 10 | Form of fixed penalty notices |
Schedule 11 | Consequential amendments |
Schedule 12 | Transitional provisions |
(2) These Regulations extend to England and Wales only.
(3) Nothing in these Regulations applies to Wales except this regulation, Part 11, and regulation 5 so far as relating to that Part.
The Waste Directive and the meaning of waste
2.
- (1) For the purposes of these Regulations -
(b) "waste" means anything that -
(2) In these Regulations, a reference to the Waste Directive conditions is a reference to the conditions laid down in Article 4 of that Directive, that is to say, to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and in particular-
The Hazardous Waste Directive
3.
- (1) In these Regulations, "the Hazardous Waste Directive" means Council Directive 91/689/EEC[10] on hazardous waste, as amended by Council Directive 94/31/EC[11].
(2) A reference in these Regulations to -
(b) hazardous properties is a reference to the properties in Annex III as so set out.
The List of Wastes
4.
- (1) In these Regulations -
(2) A reference in these Regulations in relation to any waste to -
and cognate expressions shall be construed accordingly.
General Interpretation
5.
- (1) In these Regulations -
(2) In these Regulations, the following expressions (being the expressions defined in Article 1(b) to (g) of the Waste Directive) have the same meaning as they have in that directive, that is to say -
and expressions cognate to these expressions shall be construed accordingly.
(3) In these Regulations -
and the term "hazardous" and cognate expressions shall be construed accordingly.
Non-hazardous waste
7.
The following are non-hazardous waste -
and the expression "non-hazardous" and cognate expressions shall be construed accordingly.
Specific waste to be treated as hazardous
8.
- (1) The Secretary of State, having regard to Annexes I, II and III and the limit values of concentration in the List of Wastes, may determine, in exceptional cases, that a specific batch of waste in England which -
displays one or more of the hazardous properties, and accordingly that it shall be treated for all purposes as hazardous waste.
(2) A specific batch of waste produced in Wales, Scotland or Northern Ireland and not listed as hazardous in the List of Wastes and which is for the time being determined by the Welsh Assembly Government, the Scottish Executive or the Northern Ireland Department of the Environment, as the case may be, to be hazardous pursuant to Article 3 of the List of Wastes Decision, shall, subject to any determination made under regulation 9, be treated for all purposes as hazardous waste in England.
Specific waste to be treated as non-hazardous
9.
- (1) The Secretary of State may decide, in exceptional cases, on the basis of documentary evidence provided by the holder, and having regard to Annexes I, II and III and the limit values of concentration in the List of Wastes, that a specific batch of waste in England which -
does not display any of the properties listed in Annex III to the Hazardous Waste Directive and accordingly that it shall be treated for all purposes as non-hazardous in England.
(2) A specific batch of waste produced in Wales, Scotland or Northern Ireland and listed as a hazardous waste in the List of Wastes and which is for the time being determined by the Welsh Assembly Government, the Scottish Executive or the Northern Ireland Department of the Environment, as the case may be, to be non-hazardous pursuant to Article 3 of the List of Wastes Decision, shall, subject to any determination made under regulation 8, be treated for all purposes as non-hazardous in England.
Provisions common to regulations 8 and 9
10.
- (1) The Secretary of State may revoke a determination made under regulation 8 or 9.
(2) The Secretary of State shall, before making a determination under regulation 8 or 9 or revoking such a determination, except where she considers it inappropriate to do so on account of the nature of any emergency or grave danger, consult -
(3) The Secretary of State shall give notice of any determination made under regulation 49 or 50 or revocation of such a determination to -
(4) The notice shall give reasons for the determination or revocation, as the case may be.
Requisite bodies
11.
For the purposes of this Part, the "requisite bodies" are -
(5) For the avoidance of doubt, in their application to -
in each case (whether the ship is a United Kingdom ship or otherwise and, if a United Kingdom ship, whether registered in England or otherwise).
Asbestos waste
13.
- (1) These Regulations apply to asbestos waste which is domestic 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 either -
(3) These Regulations operate in relation to asbestos waste not being domestic waste which is 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, so as to treat any contractor engaged by a domestic occupier -
of the asbestos waste to the exclusion of the occupier.
Separately collected domestic fractions
14.
- (1) This regulation applies to separately collected domestic fractions, that is to say, hazardous waste which is -
(2) For the purposes of paragraph (1), hazardous waste may be considered to be collected separately from the collection of other waste notwithstanding that it is collected at the same time or on the same vehicle or both, provided that the hazardous waste is not mixed with the other waste.
(3) Subject to paragraph (4), these Regulations apply to separately collected fractions.
(4) Nothing in these Regulations shall apply to separately collected fractions until such waste has been removed from the premises at which it was produced and taken to premises for collection, disposal or recovery.
(5) The establishment or undertaking which accepts such waste at those premises shall be treated as producer of the waste for the purposes of these Regulations.
Radioactive waste
15.
- (1) This regulation applies where radioactive waste within the meaning of section 2 of the Radioactive Substances Act 1993[28] -
of that Act by or pursuant to section 15 of that Act; and
(b) has one or more hazardous properties arising other than from its radioactive nature.
(2) Notwithstanding regulation 2(1)(b)(ii), radioactive waste to which this regulation applies is treated as waste for the purposes of these Regulations, and accordingly it is treated as hazardous waste and these Regulations apply to that waste.
Agricultural waste
16.
- (1) These Regulations do not apply to agricultural waste before 1st September 2006, but apply on and after that date to agricultural waste whenever it became waste.
(2) For the purpose of this regulation, "agricultural waste" means waste from premises used for agriculture within the meaning of the Agriculture Act 1947[29].
Mines and quarries waste
17.
These Regulations do not apply to waste from a mine or quarry before 1st September 2006, but apply on and after that date to such waste whenever it became waste.
Prohibition on mixing hazardous waste without a permit
19.
- (1) Subject to paragraphs (2) and (3), no establishment or undertaking which carries out the disposal or recovery of hazardous waste, or which produces, collects or transports hazardous waste, shall mix any hazardous waste.
(2) Paragraph (1) does not apply so as to prohibit a process by which waste is produced and which results in the production of mixed wastes, being a process other than one which mixes a waste with any other waste, substance or material, resulting in -
(3) Paragraph (1) does not apply to the extent that the mixing is part of a disposal or recovery operation and is authorised by, and is conducted in accordance with, the requirements (howsoever expressed) of a waste permit or a registered exemption.
Duty to separate mixed wastes
20.
- (1) This regulation applies to the holder where -
(2) The holder must make arrangements for separation of the waste to be carried out in accordance with a waste permit or registered exemption as soon as reasonably practicable.
(3) In this Regulation "separation" means separation of a waste from any other waste, substance or material with which it has been mixed.
(3) The descriptions of premises are -
(e) premises at which waste electrical and electronic equipment is collected, to the extent that the premises are used for that purpose;
(f) premises used by a dental, veterinary or medical practice, to the extent that the premises are used for that purpose; and
(g) any ship.
Notification by producer
24.
- (1) Subject to paragraph (2), a hazardous waste producer shall notify to the Agency the site premises or, where he operates a mobile service and elects to treat service premises as the relevant premises in relation to any related premises, the service premises -
(2) Where it is not reasonably foreseeable that the producer's activities will produce hazardous waste, paragraph (1) applies as if for "before" on each occasion that it occurs, there were substituted "as soon as reasonably practicable after".
Notification by consignor
25.
- (1) A consignor who proposes to remove, or cause to be removed, any hazardous waste from any premises may notify those premises to the Agency if -
Common provisions on notifications
26.
- (1) This regulation applies whether notification is given by or on behalf of the producer or consignor.
(2) Notification of the relevant premises may be given in writing or by telephone.
(3) Notification may not without the consent of the Agency be given more than one month in advance of the effective time.
(4) The person giving notification shall provide to the Agency the following information -
(5) If there are any changes in the information provided pursuant to paragraph (4) during the period of notification, the premises shall not be treated as notified until the Agency have received the updated information such that the requirements of paragraph (4) are met.
(6) The Agency may prescribe a model format for notifications of premises in writing and, where for the time being a format is prescribed pursuant to this paragraph -
(7) The person giving notification shall pay to the Agency the relevant fee payable in respect of the notification of premises at the same time as giving notification (but no fees are payable in relation to information provided pursuant to paragraph (5)).
(8) The Agency shall inform on request a person who is the holder of hazardous waste or who carries on the business of consigning or collecting hazardous waste whether any premises from which that person proposes to remove, cause to be removed or transport any hazardous waste are notified premises, and if so, the particulars held by the Agency concerning the person who notified the premises and the effective time of notification.
Premises Code
27.
- (1) When notification of relevant premises is duly made to and the relevant fee received by the Agency, it shall on receipt thereof issue to the person making the notification a registration code, being a code unique to those premises (a "premises code").
(2) The premises code may consist of letters, numbers or symbols, or any combination of letters, numbers and symbols.
Effective time
28.
- (1) Subject to paragraph (2) of this regulation and without prejudice to regulation 26(3), the time at which notification takes effect ("the effective time") is -
(2) A notification cannot take effect before the time at which the Agency issues the premises code for the period covered by the notification.
Mobile Services
29.
- (1) Where the producer of the hazardous waste operates a mobile service, premises to which paragraph (2) applies ("service premises") are the relevant premises in relation to any related premises whilst that mobile service is operated within the qualifying limitation and the tenure restriction is observed in relation to each related premises.
(2) The premises to which this paragraph applies are -
(3) Where any premises are both -
a single notification may be made.
The qualifying limitation
30.
- (1) The qualifying limitation for -
(2) Hazardous waste produced at shop premises by customers of the occupier shall be treated as being produced by the occupier for the purposes of this regulation.
The tenure restriction
31.
The tenure restriction is that the operator of the mobile service neither owns nor occupies those related premises.
General interpretation of Part 5
32.
In this Part -
(b) the master of the ship, in relation to any hazardous waste removed from a ship in a harbour area (including waste accidentally spilled on land adjacent to the ship); and
(c) the consignor, in relation to any other consignment of hazardous waste,
to assign to the hazardous waste a unique code in accordance with the coding standard for the time being in force.
(2) The code assigned pursuant to paragraph (1) shall be the consignment code of the hazardous waste concerned for the purposes of these Regulations.
(b) if regulation 37 (Schedule of carriers) applies, a schedule of carriers shall be completed in accordance with that regulation and paragraph (3) of this regulation; or
(c) if regulation 38 (multiple collection) or regulation 44 (multiple collection procedure for rejected consignments) applies, a multiple collection consignment note shall be completed in accordance with the applicable regulation and paragraph (4) of this regulation.
(2) The form of consignment note set out in Schedule 4, or a form requiring the same information in substantially the same format, shall be used and shall be completed so as to contain (in the place indicated in the form) all the information provided for in that Schedule which is applicable to the case.
(3) The form of the schedule of carriers set out in Schedule 5, or a form requiring the same information in substantially the same format, shall be used and shall be completed so as to contain (in the place indicated in the form) all the information provided for in that Schedule which is applicable to the case.
(4) The form of multiple collection consignment note set out in Schedule 6, or a form requiring the same information in substantially the same format, shall be used and shall be completed so as to contain (in the place indicated in the form) all the information provided for in that Schedule which is applicable to the case.
(5) In this Part, a reference to a part of a consignment note, schedule of carriers or multiple collection consignment note by its number or description is a reference to that part as it is required to be so numbered or described as the case may be in the form in Schedule 4, 5 or 6 as the case may require.
Standard procedure
36.
- (1) This regulation applies in all cases where a consignment of hazardous waste is to be removed from premises except in cases to which any of regulations 38 to 41 apply.
(2) Before the consignment is removed -
(b) the carrier shall complete Part C on each copy and give every copy to the consignor;
(c) the consignor shall -
(3) The carrier shall ensure that every copy which he has received -
(4) Subject to regulation 42, on receiving the consignment the consignee shall -
Schedule of carriers
37.
- (1) This regulation applies in all cases (whether under regulation 36, or regulation 40) where more than one carrier transports, or is to transport, the consignment.
(2) Before the consignment is removed -
(b) the first carrier shall ensure that every copy he has received travels with the consignment;
(c) on delivery of the consignment to each subsequent carrier -
(d) when the consignment is delivered to a consignee, the carrier shall retain one copy of the carriers schedule and give every remaining copy to the consignee.
(3) Where -
paragraph (2) applies as if the carrier in possession of the consignment when further arrangements are made, in the case of paragraph (a), or take effect, in the case of paragraph (b), were the consignor and the next carrier were the first carrier.
(4) Where this regulation applies, other than in the case of a rejected consignment of hazardous waste, regulation 36 has effect as if -
Multiple collections
38.
- (1) This regulation applies to a journey made by a single carrier which meets the following conditions -
and a journey which meets these conditions is referred to in these Regulations as a "multiple collection".
(2) Where the carrier elects to apply the multiple collection procedure set out in this regulation to a multiple collection, the requirements of this regulation apply to the carrier, and to the producers, holders and consignors of the consignments collected in the course of the round.
(3) Before the first collection, the carrier shall -
(4) Before the removal of waste from each set of premises from which a collection is made -
(5) After collection of the last consignment but before delivery to the consignee, the carrier must complete the particulars for completion by the carrier in section C on both remaining copies of the consignment note.
(6) Subject to regulation 42, on delivery of the waste -
Removal of ships' wastes to reception facilities
39.
- (1) This regulation applies where hazardous waste is removed from a ship (including excesses or spillage from loading or unloading, which have been accidentally spilled on land adjacent to the ship) in a harbour area -
(2) Before the waste is removed from the ship the master of the ship shall -
(3) Subject to regulation 42, on receiving a consignment of hazardous waste the operator of the facilities shall complete Part E on the copy which he has received.
Removal of ships' wastes other than to reception facilities
40.
- (1) This regulation applies where hazardous waste is removed from a ship in a harbour area other than in a case to which regulation 39 applies.
(2) Before the consignment is removed -
(b) the carrier shall complete Part C on each copy;
(c) the master of the ship shall -
(d) the carrier shall ensure that every copy which he has received -
(3) Subject to regulation 42, on receiving the consignment the consignee shall -
Removal of wastes by pipeline
41.
- (1) This regulation applies where hazardous waste is removed from any premises (other than a ship) on which it is produced or stored by pipeline.
(2) Before the waste is piped, and, where the piping is continuous, at the commencement of each quarter, the producer, or holder, as the case may be, shall -
(3) The consignee shall complete Part E on each copy with the following modifications -
(4) The consignee shall retain one copy and ensure that a copy is given to the consignor, and to the hazardous waste producer or holder, where different from the consignor.
(4) If no copy of the consignment note has been given to the consignee he shall -
(5) On being informed that the consignee will not accept delivery of the consignment or part, the carrier shall -
(6) It is the duty of the hazardous waste producer or holder identified in the relevant part of the consignment note, as the case may be, to -
(7) If in any case within paragraph (6)(a) no alternative consignee can be found within 5 business days, the hazardous waste producer or holder identified in the relevant part of the consignment note shall make arrangements to return the waste to premises from which it was removed for its storage in accordance with the Waste Directive conditions until a suitable consignee can be found.
Further consignment note for rejected consignment
43.
- (1) This regulation applies to the removal of any consignment following rejection by the consignee other than a case to which regulation 44 applies.
(2) Before the consignment or part is moved from the original place for delivery, the hazardous waste producer or holder identified in the relevant part of the original consignment note shall ensure that a copy of a new consignment note is prepared in respect of the rejected consignment or part for each of the following -
(3) The producer or holder shall -
(b) give every copy to the carrier.
(4) Where the consignee who rejected the consignment or part states in his written explanation that the description of the waste in the original consignment note is incorrect, the producer or holder shall instead include an accurate description of the waste in the new consignment note.
(5) The carrier shall complete Part C on each copy.
(6) The producer or holder identified in the relevant part of the original consignment note shall -
(7) The carrier shall ensure that every copy of the new consignment note which he has received -
(8) The new consignee shall -
(9) Where there is to be more than one carrier -
Procedure for rejected multiple collection consignments
44.
- (1) Where two or more consignments comprising part of a multiple collection are rejected and are to be delivered to the same consignee, if the carrier elects to apply the multiple collection procedure set out in regulation 38 to such a delivery, the following requirements shall apply -
(b) before the removal of waste from the original delivery premises -
(c) on delivery of the waste to the new consignee -
Duty to deliver consignment promptly
45.
It is the duty of the carrier to deliver the consignment to the consignee promptly and without undue delay.
(3) Records made under this regulation shall be kept in a register.
(4) Deposits shall be identified by reference to both -
(5) A person who is required to make or retain a register pursuant to this regulation shall -
(6) In reckoning any period of hours for the purposes of this regulation or regulation 48, only the days or hours of any business day shall be counted.
Records of disposal or recovery of hazardous waste by other means
48.
- (1) Any person who -
or both shall record and identify any hazardous waste received in accordance with the following requirements of this regulation and regulation 51.
(2) The waste shall be identified in the record by reference to the relevant description in the List of Wastes and six digit code, and the entry shall include a description of the composition of the waste.
(3) The record shall include -
(4) Records made under this regulation shall be kept in a register.
(5) The register shall be updated as soon as reasonably practicable and in any event no later than 24 hours after -
(6) A person who is required to make or retain records pursuant to this regulation shall -
Producers', holders' and consignors' records
49.
- (1) A producer or holder of hazardous waste, and where different from the producer, a consignor of hazardous waste, shall keep a record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of the waste.
(2) Where the waste is transported, the duty in paragraph (1) includes a requirement to keep a record of particulars sufficient to identify the carrier.
(3) The producer, holder or consignor, as the case may be, shall preserve the records to be made pursuant to this regulation whilst he remains the holder of the waste and for at least three years afterwards commencing on the date on which the waste is transferred to another person.
(4) The information to be recorded pursuant to the foregoing provisions of this regulation shall be recorded in a register kept by the producer, holder or consignor, as the case may be, for the purpose.
(5) The register required to be kept and retained by a producer, holder or consignor under paragraph (4) of this regulation shall be kept -
(b) the register required to be kept by a consignor other than the producer or holder shall be kept at his principal place of business.
(6) If the producer or holder ceases to occupy the notified premises before the period referred to in paragraph (3) expires, he shall inform the Agency forthwith.
Carrier's records
50.
- (1) An establishment or undertaking which transports hazardous waste shall keep a record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of the waste in accordance with the following requirements of this regulation.
(2) The establishment or undertaking shall keep the records made pursuant to this regulation for at least twelve months commencing on the date of delivery of the waste to its destination.
(3) The information required to be recorded pursuant to paragraph (1) shall be entered in a register and the register kept at the carrier's principal place of business.
Registers and records: common provisions
51.
- (1) The following provisions of this regulation apply in relation to registers required to be kept under regulations 47 to 50.
(2) A person who is required to keep a register shall enter in the register each copy received by them of -
(3) A person who is required to keep a register or retain records until his waste permit is surrendered or revoked shall send those records or that register to the Agency when the permit is surrendered or revoked.
(4) Every register kept or record made pursuant to regulation 15 or 16 of the 1996 Regulations, and every record made pursuant to regulation 13 or 14 of the Control of Pollution (Special Waste) Regulation 1980, shall -
Previous holder's right to information
52.
- (1) An establishment or undertaking to which hazardous waste is delivered for disposal or recovery, as the case may be, has the duty, owed to any previous holder of the waste, to supply to that previous holder on request documentary evidence that the disposal or recovery operation concerned has been carried out, indicating where applicable, the relevant entry listed in Annex IIA or Annex IIB, as the case may be, to the Waste Directive.
(2) Any request for information under this regulation shall be in writing and shall specify the period (which may not be less than seven days) within which the information is to be supplied.
Consignee and self-disposal quarterly returns
53.
- (1) Every consignee shall make a return, in these Regulations referred to as a consignee quarterly return, to the Agency of information relating to all consignments of hazardous waste received by him in any quarter in accordance with paragraph (4).
(2) The return shall include -
(3) Where in any quarter hazardous waste is disposed of by depositing it within the curtilage of the premises at which it is produced, the producer shall make a return in respect of that quarter of information relating to the deposit to the Agency (including the consignment code), in accordance with paragraph (4).
(4) A return to be made pursuant to this regulation in respect of a quarter shall be made no later than the time specified in the right hand column of the table below in relation to the quarter specified in the left hand column:
Quarter in which the hazardous waste was received, or deposited, as the case may be | Return to be received by the Agency not later than |
Ending on 31st March | 30st April in the same year as the quarter falls |
Ending on 30th June | 31st July in the same year as the quarter falls |
Ending on 30th September | 31st October in the same year as the quarter falls |
Ending on 31st December | 31st January in the year next following the year in which the quarter falls |
(6) If the Agency prescribe a fee payable by a consignee by charging scheme made under section 41 of the Environment Act 1995 as a means of recovering its costs incurred in performing functions in relation to the consignments included on the consignee quarterly returns, a consignee may recover from a consignor any fees paid under these Regulations in relation to consignments sent by that consignor.
Consignee's return to the producer, holder or consignor
54.
- (1) Without prejudice to any duty under these Regulations on the part of the consignee to send any document or copy thereof to the producer, holder or consignor, a consignee shall send to a producer or holder identified in the relevant part of a consignment note -
(2) Where hazardous waste was delivered by pipeline in a case to which regulation 41 applies, paragraph (1) shall apply so that the return required under sub-paragraph (a) or the information required under sub-paragraph (b) shall be supplied within one month of the end of the quarter in which the waste concerned was piped.
(3) Where regulation 42 applies, this regulation does not apply to the consignment or part concerned.
Duties to supply information
55.
- (1) A person who is required to retain any record pursuant to any of the foregoing provisions of this Part shall, at any time during the period in which the record is required to be retained produce that record to the Agency or emergency services on request.
(2) A producer holder, previous holder, consignor, carrier or consignee of hazardous waste shall supply to the Agency on request such information as it may reasonably require for the purposes of performing its functions in connection with these Regulations and for the purposes of monitoring the production, movement, storage, treatment, recovery and disposal of hazardous waste.
(3) An establishment or undertaking to which hazardous waste is delivered for recovery or disposal, as the case may be, has the duty to supply to the Agency on request documentary evidence that the disposal or recovery operation concerned has been carried out, indicating where applicable, the relevant entry listed in Annex IIA or Annex IIB, as the case may be, of the Waste Directive.
(4) A person who is required to supply information to the Agency pursuant to this regulation shall supply that information in such form as the Agency may reasonably request.
(5) The power conferred by paragraph (4) includes power to require the production in a visible and legible documentary form of any information is held in electronic form.
(6) Any request for information under this regulation shall be in writing and shall specify the period within which the information is to be supplied.
(3) Schedule 9 has effect to make provision in relation to fees to be charged by the Agency in connection with these Regulations until a charging scheme made under section 41 of the 1995 Act to recover the costs incurred by the Agency in performing functions under these Regulations takes effect.
Provision of information to the Secretary of State
60.
- (1) The Agency shall inform the Secretary of State each year of any changes in the following information for every establishment or undertaking which carries out disposal or recovery of hazardous waste principally on behalf of third parties and which is likely to form part of the integrated network referred to in Article 5 of the Waste Directive -
(2) The Agency shall provide the information required by paragraph (1) in the format provided for pursuant to the fourth paragraph of Article 8(3) of the Hazardous Waste Directive.
(2) For the purposes of paragraph (1), an act or omission may be considered lawful notwithstanding that it would, apart from this regulation, constitute a breach of these Regulations.
(3) Where the holder of hazardous waste knows or has reasonable grounds to believe that an emergency or grave danger has arisen, he shall notify the Agency as soon as reasonably practicable of the circumstances.
(4) Where the holder takes any step in compliance with paragraph (1), he shall, save where such step has completely averted the emergency or grave danger without breach of these Regulations, notify the Agency as soon as reasonably practicable.
(5) For the purposes of paragraph (4), an emergency or grave danger shall not be considered to have been completely averted if any release has taken place of a substance or object which is, or which there are reasonable grounds to believe is, hazardous waste, whether or not the holder believes he has completely destroyed, retrieved or rendered harmless the substance or object.
(6) In the event of notification pursuant to paragraph (3) or (4) being made orally, the holder shall confirm in writing to the Agency the matters notified within one week of the oral notification.
(7) For the purposes of this regulation a person shall be not be released from any requirement imposed by this regulation merely because he has ceased to be the holder through the waste having left his possession or control due to release.
General duties of the Agency
63.
- (1) The Agency shall exercise its functions (whether under these Regulations or otherwise) so as to take all reasonably practicable steps necessary or expedient to avert or mitigate an emergency or grave danger.
(2) An authorised person shall in exercising functions in relation to an emergency or grave danger so exercise his powers under sections 108 and 109 of the 1995 Act as to take all reasonably practicable steps to avert or mitigate the emergency or grave danger.
Defences
66.
It shall be a defence for a person charged with an offence under regulation 65 to prove that -
(b) if there is no emergency or grave danger he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Liability of persons other than the principal offender
67.
- (1) Where the commission by any person of an offence under this Part is due to the act or default of some other person, that other person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
(2) Where an offence under this Part which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to, any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be liable to be proceeded against and punished accordingly.
(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
False and misleading information
68.
- (1) Any person who, in purported compliance with a requirement imposed by or under any of the foregoing provisions of these Regulations to furnish any information, makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence.
(2) A person who intentionally makes a false entry in any record or register required to be kept by virtue of any of the foregoing provisions of these Regulations commits an offence.
Penalties
69.
- (1) A person who commits an offence under regulation 65 in connection with any of the following regulations -
shall be liable on summary conviction, to a fine not exceeding level 5 on the standard scale.
(2) A person who commits an offence under regulation 65 or 68 in connection with any other requirement under these Regulations shall be liable -
Fixed penalties
70.
- (1) Where an authorised person acting on behalf of the Agency has reason to believe that a person has committed an offence under regulation 65 to which this regulation applies, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
(2) This regulation applies to an offence consisting of -
any of the regulations listed in regulation 69(1)(a) to (i).
(3) Where a person is given a notice under this regulation in respect of an offence -
(4) A notice under this regulation shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state -
(5) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).
(6) Where a letter is sent in accordance with paragraph (5) payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(7) A fixed penalty notice issued pursuant to this section shall be in the form set out in Schedule 10.
(8) The fixed penalty payable in pursuance of a notice under this regulation shall be £300; and as respects the sums received by or on behalf of the Agency, those sums shall be paid to the Secretary of State.
(9) In any proceedings a certificate which -
shall be evidence of the facts stated.
(10) In paragraph (8), "chief finance officer" means the person having responsibility for the financial affairs of the Agency.
(2) The National Assembly for Wales shall by regulations list any controlled waste in Wales which -
(3) In this section çthe Hazardous Waste ListÇ means the list referred to in the first indent of Article 1(4) of Council Directive 91/689/EEC.
(4) Regulations under subsection (2) shall be made by statutory instrument but section 161(2) shall not apply to regulations under that subsection.".
Waste other than controlled waste
73.
In section 63 of the 1990 Act (waste other than controlled waste), subsections (2) and (3) shall be omitted.
Definition of Hazardous Waste
74.
In section 75 of the 1990 Act (meaning of "waste" and household, commercial and industrial waste and special waste) -
(8B) In subsection (8A) "Hazardous Waste List" means the list referred to in the first indent of Article 1(4) of Council Directive 91/689/EEC."; and
(b) thereafter -
Consequential Amendments
77.
Schedule 11 (which makes consequential amendments to legislation) has effect.
Transitional Provisions
78.
Schedule 12 (which makes provisions transitional upon these Regulations coming into force), and has effect.
Elliot Morley
Minister of State, Department for Environment, Food and Rural Affairs
23rd March 2005
1. | anatomical substances; hospital and other clinical wastes; |
2. | pharmaceuticals, medicines and veterinary compounds; |
3. | wood preservatives; |
4. | biocides and phyto-pharmaceutical substances; |
5. | residue from substances employed as solvents; |
6. | halogenated organic substances not employed as solvents excluding inert polymerized materials; |
7. | tempering salts containing cyanides; |
8. | mineral oils and oily substances (e.g. cutting sludges, etc.); |
9. | oil/water, hydrocarbon/water mixtures, emulsions; |
10. | substances containing PCBs and/or PCTs (e.g. dielectrics etc.); |
11. | tarry materials arising from refining, distillation and any pyrolytic treatment (e.g. still bottoms, etc.); |
12. | inks, dyes, pigments, paints, lacquers, varnishes; |
13. | resins, latex, plasticizers, glues/adhesives; |
14. | chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on man and/or the environment are not known (e.g. laboratory residues, etc.); |
15. | pyrotechnics and other explosive materials; |
16. | photographic chemicals and processing materials; |
17. | any material contaminated with any congener of polychlorinated dibenzofuran; |
18. | any material contaminated with any congener of polychlorinated dibenzo-pdioxin. |
19. | animal or vegetable soaps, fats, waxes; |
20. | non-halogenated organic substances not employed as solvents; |
21. | inorganic substances without metals or metal compounds; |
25. | metallic dust, powder; |
26. | spent catalyst materials; |
27. | liquids or sludges containing metals or metal compounds; |
28. | residue from pollution control operations (e.g. baghouse dusts, etc.) except (29), (30) and (33); |
29. | scrubber sludges; |
30. | sludges from water purification plants; |
31. | decarbonization residue; |
32. | ion-exchange column residue; |
33. | sewage sludges, untreated or unsuitable for use in agriculture; |
34. | residue from cleaning of tanks and/or equipment; |
35. | contaminated equipment; |
36. | contaminated containers (e.g. packaging, gas cylinders, etc.) whose contents included one or more of the constituents listed in Annex II; |
37. | batteries and other electrical cells; |
38. | vegetable oils; |
39. | materials resulting from selective waste collections from households and which exhibit any of the characteristics listed in Annex III; |
40. | any other wastes which contain any of the constituents listed in Annex II and any of the properties listed in Annex III. |
22. | ashes and/or cinders; |
23. | soil, sand, clay including dredging spoils; |
24. | non-cyanidic tempering salts; |
Wastes having as constituents: | ||
C1 | beryllium; beryllium compounds; | |
C2 | vanadium compounds; | |
C3 | chromium (VI) compounds; | |
C4 | cobalt compounds; | |
C5 | nickel compounds; | |
C6 | copper compounds; | |
C7 | zinc compounds; | |
C8 | arsenic; arsenic compounds; | |
C9 | selenium; selenium compounds; | |
C10 | silver compounds; | |
C11 | cadmium; cadmium compounds; | |
C12 | tin compounds; | |
C13 | antimony; antimony compounds; | |
C14 | tellurium; tellurium compounds; | |
C15 | barium compounds; excluding barium sulfate; | |
C16 | mercury; mercury compounds; | |
C17 | thallium; thallium compounds; | |
C18 | lead; lead compounds; | |
C19 | inorganic sulphides; | |
C20 | inorganic fluorine compounds, excluding calcium fluoride; | |
C21 | inorganic cyanides; | |
C22 | the following alkaline or alkaline earth metals: lithium, sodium, potassium, calcium, magnesium in uncombined form; | |
C23 | acidic solutions or acids in solid form; | |
C24 | basic solutions or bases in solid form; | |
C25 | asbestos (dust and fibres); | |
C26 | phosphorus: phosphorus compounds, excluding mineral phosphates; | |
C27 | metal carbonyls; | |
C28 | peroxides; | |
C29 | chlorates; | |
C30 | perchlorates; | |
C31 | azides; | |
C32 | PCBs and/or PCTs; | |
C33 | pharmaceutical or veterinary coumpounds; | |
C34 | biocides and phyto-pharmaceutical substances (e.g. pesticides, etc.); | |
C35 | infectious substances; | |
C36 | creosotes; | |
C37 | isocyanates; thiocyanates; | |
C38 | organic cyanides (e.g. nitriles, etc.); | |
C39 | phenols; phenol compounds; | |
C40 | halogenated solvents; | |
C41 | organic solvents, excluding halogenated solvents; | |
C42 | organohalogen compounds, excluding inert polymerized materials and other substances referred to in this Annex; | |
C43 | aromatic compounds; polycyclic and heterocyclic organic compounds; | |
C44 | aliphatic amines; | |
C45 | aromatic amines; | |
C46 | ethers; | |
C47 | substances of an explosive character, excluding those listed elsewhere in this Annex; | |
C48 | sulphur organic compounds; | |
C49 | any congener of polychlorinated dibenzo-furan; | |
C50 | any congener of polychlorinated dibenzo-p-dioxin; | |
C51 | hydrocarbons and their oxygen; nitrogen and/or sulphur compounds nototherwise taken into account in this Annex.". |
H1 | "Explosive": substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene. |
H2 | "Oxidizing": substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances. |
H3-A |
"Highly flammable": - liquid substances and preparations having a flash point below 21C (including extremely flammable liquids), or - substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, or - solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition, or - gaseous substances and preparations which are flammable in air at normal pressure, or - substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities. |
H3-B | "Flammable": liquid substances and preparations having a flash point equal to or greater than 21°C and less than or equal to 55°C. |
H4 | "Irritant": non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, can cause inflammation. |
H5 | "harmful": substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks. |
H6 | "Toxic": substances and preparations (including very toxic substances and preparations) which, if they are inhaled or ingested or if they penetrate the skin, may involve serious, acute or chronic health risks and even death. |
H7 | "Carcinogenic": substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence. |
H8 | "Corrosive": substances and preparations which may destroy living tissue on contacts. |
H9 | "Infectious": substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms. |
H10 | "Teratogenic": substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence. |
H11 | "Mutagenic": substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce hereditary genetic defects or increase their incidence. |
H12 | Substances and preparations which release toxic or very toxic gases in contact with water, air or an acid. |
H13 | Substances and preparations capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics listed above. |
H14 | "Ecotoxic": substances and preparations which present or may present immediate or delayed risks for one or more sectors of the environment. |
Notes
1.
Attribution of the hazard properties "toxic" (and "very toxic"), "harmful", "corrosive" and "irritant" is made on the basis of the criteria laid down by Annex VI, part I A and part II B, of Council Directive 67/548/EEC of 27 June 1967 of the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances[37], in the version as amended by Council Directive 79/831/EEC[38].
2.
With regard to attribution of the properties "carcinogenic", "teratogenic" and "mutagenic", and reflecting the most recent findings, additional criteria are contained in the Guide to the classification and labelling of dangerous substances and preparations of Annex VI (part II D) to Directive 67/548/EEC in the version as amended by Commission Directive 83/467/EEC[39].
Test methods
The test methods serve to give specific meaning to the definitions given in Annex III.
The methods to be used are those described in Annex V to Directive 67/548/EEC, in the version as amended by Commission Directive 84/449/EEC[40], or by subsequent Commission Directives adapting Directive 67/548/EEC to technical progress. These methods are themselves based on the work and recommendations of the competent international bodies, in particular the OECD.
2.
Any requirement in Part 6 to complete a consignment note for a cross border consignment may be satisfied by including the information -
3.
Any requirement to keep a copy of a consignment note for a cross border consignment or to give a copy of the note to another person may be satisfied by keeping a copy of the cross border consignment note or giving a copy of the note to that person.
UK Cross Border Consignments into England
4.
- (1) If a cross border consignment into England is rejected wholly or in part, the consignee shall -
(2) On being informed that the consignee will not accept delivery of a cross border consignment into England or part, the carrier shall -
(3) Before a rejected cross border consignment into England is moved from the original delivery destination, the carrier shall ensure that -
5.
Where a cross border consignment into England from Scotland or Northern Ireland is accepted, the consignee shall send a copy of the cross border consignment note to SEPA (where the waste is transported from Scotland) or the Northern Ireland Department of the Environment (where the waste is transported from Northern Ireland).
UK Cross Border Consignments out of England
6.
- (1) Where a cross border consignment out of England is consigned to premises in Scotland or Northern Ireland, the following requirements shall apply in addition to those in Part 6.
(2) Before the hazardous waste is removed -
(b) the copies of the relevant consignment note prepared pursuant to paragraph (a) shall be completed in accordance with Part 6; and
(c) the consignor (or the producer or holder, as the case may be) or, in the case of a multiple collection of hazardous waste, the carrier, shall send the copy of the note prepared pursuant to paragraph (a)(i) to the relevant authority at least 72 hours before removal of the consignment or if that is not possible, as soon as reasonably practicable thereafter.
(3) The carrier shall ensure the additional copy of the note prepared for consignee travels with the consignment and is given to the consignee on delivery of the consignment.
Multiple Collections in England and Wales
7.
- (1) This paragraph applies to a journey made by a carrier which meets the conditions set out in regulation 38(1) except that at least one collection is made in Wales.
(2) A journey to which this paragraph applies shall be treated as a multiple collection for the purposes of these Regulations but in relation to any collections made in Wales, the carrier shall ensure that the multiple collection consignment note is completed before the waste is delivered to the consignee.
(3) Where the consignee for a journey to which this paragraph applies is located in Wales, regulation 39 shall apply to the collection of any consignments collected in England.
3.
The charge to be paid by a consignee in respect of any consignee quarterly return made pursuant to regulation 53 shall be -
(b) for any return made in electronic form, the sum of the following amounts for each consignment accepted by the consignee during the quarter -
4.
The charge to be paid by a producer in respect of any self disposal return made pursuant to regulation 53 shall be -
5.
The time for payment of the fee required under paragraph 3 or 4 shall be the later of 30 days following -
6.
A consignee may recover from a consignor any fees paid under paragraph 3 in relation to consignments sent by that consignor.
(b) in the definition of "hazardous waste" -
9.
The 1994 Regulations are amended as follows.
10.
In regulation 1(3), for the definition of "special waste", substitute ""hazardous waste" has the meaning given by regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005".
11.
In regulation 3, at the end add "(q) the Hazardous Waste (England and Wales) Regulations 2005".
12.
In regulation 10(1)(j) for "special waste" substitute "hazardous waste".
13.
In regulation 10(1)(k) at the end insert "or regulation 47(5) or 48(6) of the Hazardous Waste (England and Wales) Regulations 2005".
14.
In regulation 14(1) and 14(2), for "toxic and dangerous" substitute "hazardous waste", and in regulation 14(3) for the definition of "toxic and dangerous waste" substitute ""hazardous waste" has the meaning given by regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005.".
15.
In regulation 17(3) and 17(3A) for "special waste" substitute "hazardous waste".
16.
In paragraph 5 of Schedule 1, for subparagraph (d) to the end of paragraph 5, substitute -
17.
In paragraph 2(1) of Schedule 1A, for the definition of hazardous waste substitute ""hazardous waste" means such waste as defined in Regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005."
18.
In schedule 3, in paragraphs 3(a)(ii), 3(c), 18(2)(b), 28, 36(1), 36(2), 38, 39(1), 39(2), 41(2), and in tables 4, 4A and 4B, on each occasion that it appears, for "special waste" substitute "hazardous waste".
19.
In paragraph 9 of Schedule 4, omit subparagraphs (9) and (10).
20.
In paragraph 13(1) of Schedule 4 delete ", and producers of special waste,".
21.
In paragraphs 14(1)(b) and 14(1A) of Schedule 4 for "special waste" substitute "hazardous waste".
22.
For paragraph 14(5) of Schedule 4, substitute -
23.
For paragraph 14(8) of Schedule 4, substitute -
and which in either case have been furnished by a person in the course of a business concerned with the disposal of PCBs."
(b) in paragraph 1 of the paragraph headed "Interpretation of Part A(1)" of Section 5.3 for the definition of "hazardous waste", substitute ""hazardous wasteÇ means any waste as defined for the time being in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005."; and
(c) in the paragraph headed çInterpretation of Part A(1)Ç of Section 5.4 insert the following after paragraph 3 -
38.
The Packaging (Essential Requirements) Regulations 2003[51] are amended as follows.
39.
In regulation 3(2), for the words "or the provisions of Council Directive 91/689/EEC on hazardous waste."Ç substitute "or the provisions of the Hazardous Waste (England and Wales) Regulations 2005."
[3] 1990 c. 43. The relevant functions of the Secretary of State in so far as they relate to Scotland were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).back
[4] OJ No. L 194, 25.7.1975, p. 39.back
[5] OJ No. L 78, 26.3.1991, p. 32.back
[6] OJ No. L 377, 31.12.1991, p.48 (as corrected by Corrigendum, OJ No. L 146, 13.6.2003, p. 52).back
[7] OJ No. L 135, 6.6.1996, p. 32.back
[8] OJ No. L 284, 31.10.2003 p. 1.back
[9] Article 1(a) of the Waste Directive defines waste as any substance or object in the categories set out in Annex I (Categories of Waste) to that Directive which the holder discards or intends or is required to discard.back
[10] OJ No. L 377, 31.12.1991, p. 20 (as corrected by Corrigendum to Directive 91/689/EC (OJ No. L23 30.1.1998 p. 39).back
[11] OJ No. L 168, 2.7.1994, p. 28.back
[12] OJ No. L 226, 6.9.2000, p. 3.back
[16] S.I. 1994/1056; relevant amending instruments are S.I. 1995/288, 1996/672, 2000/1973 and 2003/2635.back
[17] S.I. 1996/972 as amended by S.I. 1996/2019, 1997/251, 2001/3148.back
[19] The consignment note is required by Article 5(3) to contain the details specified in Commission Decision 94/774/EC (OJ No. L 310 , 3/12/1994 p. 7; this decision is expected to be replaced in June 2005). The relevant requirements are contained in Schedule 4 to these Regulations.back
[20] S.I. 1987/37, to which there are amendments not relevant to these Regulations.back
[21] ISBN 0-11-62-11-16417.back
[23] The meaning of "disposal" and "recovery" has been interpreted by the European Court of Justice in C-6/00. The Court held (at paragraph 60 of the judgment) ". . . the intention of Annexes II A and II B to the Directive is to list the most common disposal and recovery operations and not precisely and exhaustively to specify all the disposal and recovery operations covered by the Directive.".back
[24] Wastes listed as hazardous in the List of Wastes are considered hazardous pursuant to the first indent of Article 1.4 of the Hazardous Waste Directive.back
[25] The Northern Ireland Department of the Environment includes its executive agency the Environmental Heritage Service.back
[26] Article 1(5) of the Hazardous Waste Directive made provision for specific rules to be made by the European Community taking into consideration the particular nature of domestic waste; no such rules have, at the date of making these Regulations, been adopted.back
[27] OJ No. L 30, 6.2.1993, p. 1.back
[29] 1947 c. 48 (see section 109(3)).back
[32] S.I. 1992/588; amended by S.I. 1994/1056.; there are other amending instruments but none are relevant.back
[35] OJ No. L345, 31.12.2003, p 106.back
[36] See paragraph 13 of Schedule 4 to the 1994 Regulations.back
[37] OJ No L 196, 16. 8. 1967, p. 1.back
[38] OJ No L 259, 15. 10. 1979, p. 10.back
[39] OJ No L 196, 16. 8. 1967, p. 1.back
[40] OJ No L 259, 15. 10. 1979, p. 10.back
[41] OJ No. L 310, 03.12.1994 p. 70.back
[43] S.I. 1991/1624; Schedule 1 was amended by S.I 1994/1137, 1996/972, 2000/1973.back
[44] S.I. 1991/2839; as amended by S.I.2002/1559, 2003/63.back
[45] S.I. 1991/472; relevant amendments are contained in S.I.1998/767.back
[46] S.I. 1999/293, to which there are amendments not relevant to these Regulations.back
[47] S.I. 2000/1043, to which there are amendments not relevant to these Regulations.back
[48] S.I. 2000/1973; relevant amendments have been made by S.I.2002/2980.back
[49] S.I. 2002/1689, to which there are amendments not relevant to these Regulations.back
[50] S.I. 2002/1959; as amended by S.I. 2004/1375.back