The Special Waste Regulations 1996

[^key-f78c62b7cf8da31052938f6f6477078d]: Reg. 2B inserted (S.) (1.7.2004) by The Special Waste Amendment (Scotland) Regulations 2004 (S.S.I. 2004/112), regs. 1(2), 2(5)

[^key-370dda625a6e7d60ba7854aef7e3f848]: Reg. 4A inserted (S.) (1.7.2004) by The Special Waste Amendment (Scotland) Regulations 2004 (S.S.I. 2004/112), regs. 1(2), 2(7)

[^key-10a09a12c7513e1984d8d42b79143796]: Reg. 15A inserted (S.) (1.7.2004) by The Special Waste Amendment (Scotland) Regulations 2004 (S.S.I. 2004/112), regs. 1(2), 2(10)

[^key-7061cdbd431b23fbe8d4d0de0fb82f86]: Reg. 19A inserted (S.) (1.7.2004) by The Special Waste Amendment (Scotland) Regulations 2004 (S.S.I. 2004/112), regs. 1(2), 2(12)

[^key-279ebfb5942abab44f4a23d9d53bdec6]: Sch. 1 Pt. I Form substituted (S.) (1.7.2004) by The Special Waste Amendment (Scotland) Regulations 2004 (S.S.I. 2004/112), reg. 1(2), sch.

[^V_S_f5c7c7df-7c41-8944-6d0f-a176c4b48753]: Words in reg. 1(4) substituted (31.8.1996) by The Special Waste (Amendment) Regulations 1996 (S.I. 1996/2019), reg. 1, Sch. para. 2(a)(i)

[^V_S_3896d5fc-5df5-f1ab-c064-79c2787f611f]: Words in reg. 1(4) substituted (31.8.1996) by The Special Waste (Amendment) Regulations 1996 (S.I. 1996/2019), reg. 1, Sch. para. 2(a)(ii)

[^V_S_91d49b30-e118-045b-7062-9137be0d8d59]: S.I. 1980/1709, amended by S.I. 1988/1562, 1988/1790 and 1994/1137 and by Part IV of Schedule 6 to the Radioactive Substances Act 1993 (c.12).

[^V_S_3f3c1a08-dcd2-3c65-a548-5baa409ccbcd]: 1995 c.25.

[^V_S_439e6b4b-e58f-c9e5-d827-307e1a0f715a]: The approved classification and labelling guide is available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 6FS.

[^V_S_43cb0891-3cc5-8f81-a1dd-2b1f56808255]: S.I. 1994/3247.

[^V_S_6dfbc7f6-37bb-6eeb-627b-54031fbc6f93]: The approved supply list is available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 6FS.

[^V_S_d61ee282-ef9f-1632-93b0-c5d75e356d6b]: See section 75 of the Environmental Protection Act 1990 and the Controlled Waste Regulations 1992 (S.I. 1992/588, amended by S.I. 1993/566, 1994/1056 and 1995/288).

[^V_S_1d416481-86f8-99ce-dfe2-20054944e479]: S.I. 1987/37.

[^M_E_35b9bdaf-be0f-4630-d22e-94282f8cca05]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^M_E_54f59bef-6fa9-4b9f-c648-1ff2b0436307]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^key-40ac5743f5b6cd86f8e5b04c09442763]: Words in reg. 1(4) omitted (S.) (1.7.2004) by virtue of The Special Waste Amendment (Scotland) Regulations 2004 (S.S.I. 2004/112), regs. 1(2), 2(2)(a)

[^key-dd4c8f92232aad9ee98916eeef7fa466]: Words in reg. 1(4) inserted (S.) (1.7.2004) by The Special Waste Amendment (Scotland) Regulations 2004 (S.S.I. 2004/112), regs. 1(2), 2(2)(b)

[^M_E_3b743a84-81c5-4fa6-ce20-24d19a75bb60]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^M_E_35c60bdc-b858-44ef-f800-12bba050eba7]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^key-1b2877112d53e4d22d57b49599e1825a]: Words in reg. 3 substituted (S.) (1.7.2004) by The Special Waste Amendment (Scotland) Regulations 2004 (S.S.I. 2004/112), regs. 1(2), 2(6)

[^key-7417b8258550824210f8cd8a664c177c]: Reg. 5(2)(a) substituted (S.) (1.7.2004) by The Special Waste Amendment (Scotland) Regulations 2004 (S.S.I. 2004/112), regs. 1(2), 2(8)

[^M_F_8d9e640d-92ec-4411-ea81-999b76df5176]: Sch. 1 Pt. I Form, Part B: words "The chemical/biological components of the waste" substituted for "The chemical/biological components that make the waste special” (E.) (1.12.2001) by The Special Waste (Amendment) (England and Wales) Regulations 2001 (S.I. 2001/3148), regs. 1(1)(b), 10(a)

[^M_F_4ccf478b-6833-449e-da75-e2d644b7b66e]: Sch. 1 Pt. I Form, Part C: words “(name, address & postcode)” substituted “(name & address)” (E.) (1.12.2001) by The Special Waste (Amendment) (England and Wales) Regulations 2001 (S.I. 2001/3148), regs. 1(1)(b), 10(b)

[^M_F_f173813f-3cc4-4fb5-ec34-7b374b0bb06c]: Sch. 1 Pt. I Form, Part E, between “this waste” and “on”, and after “the waste described in B”: words “at the address given in A2” inserted (W.) (1.12.2001) by The Special Waste (Amendment) (Wales) Regulations 2001 (S.I. 2001/3545), regs. 1(2)(b), 10(c)

[^M_F_b085f983-b9de-4400-9ced-6f45bba26f8e]: Sch. 1 Pt. I Form, Part B: words “of the waste” substituted “that make the waste special” (W.) (1.12.2001) by The Special Waste (Amendment) (Wales) Regulations 2001 (S.I. 2001/3545), regs. 1(2)(b), 10(a)

[^M_F_1f589ca5-3e13-43a2-f885-2a1fe6297532]: Sch. 1 Pt. I Form, Part C: words “(name, address & postcode)” substituted “(name & address)” (W.) (1.12.2001) by The Special Waste (Amendment) (Wales) Regulations 2001 (S.I. 2001/3545), regs. 1(2)(b), 10(b)

[^M_F_f727719d-8873-42fe-d493-49685f523551]: Sch. 1 Pt. I Form, Part E, after “I received this waste”: words “at the address given in A2” inserted after “the waste described in B” (E.) (1.12.2001) by The Special Waste (Amendment) (England and Wales) Regulations 2001 (S.I. 2001/3148), regs. 1(1)(b), 10(c)

[^key-a064a7a030ed73fd6835eb2ef81bfcb5]: Words in reg. 1(4) omitted (S.) (27.3.2011) by virtue of The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 000(1), sch. 6 para. 4

[^key-a4dd4a9fca5612c0ba002f66f071b219]: Words in reg. 1(4) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 6(2)(a)

[^key-9a4d387eac9eed33ff45f361124e3fd7]: Words in reg. 1(4) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 6(2)(b)

[^key-a0f3c7e2b1324eabe1f9bb44ee5e1846]: Words in reg. 1(4) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 6(2)(c)

[^key-4a407bfb7524648550fea93f01a18622]: Words in reg. 1(4) omitted (S.) (27.3.2011) by virtue of The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 6(2)(d)

[^key-b39a5fde590a3576725023b71ab486c3]: Reg. 1(5) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 6(3)

[^key-ab4a6ca28430e8b08fb6b8dca800a1ec]: Reg. 2A substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 6(5)

[^V_S_98eea874-40a9-7c84-1541-9fb76265e7b5]: Reg. 15(9) inserted (S.) (1.7.2004) by The Special Waste Amendment (Scotland) Regulations 2004 (S.S.I. 2004/112), regs. 1(2), 2(9)

[^M_E_dcd78f56-a12f-470a-d8c0-7d5297351c9c]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^M_E_de3aae31-2e55-476c-e849-3dff22c1e513]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^M_F_49732eb9-c93d-435d-84ab-564a4fe34ebb]: Word in reg. 15A(1) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 6(7)

[^key-5f56289f3e6a0831a56e08a759e210fd]: Sch. 2 omitted (S.) (27.3.2011) by virtue of The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 6(10)

[^M_F_87e04e66-d0a0-49cc-a518-7083ab6de7b6]: Regulations revoked (E.) (16.7.2005) by The Hazardous Waste (England and Wales)Regulations 2005 (S.I. 2005/894), reg. 76 (with reg. 75) and Regulations revoked (W.) (16.7.2005) by The Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806), reg. 72(1) (with reg. 72(2))

[^key-d558ef1a5297b91419984dc2f4c02244]: Words in reg. 1(4) substituted (S.) (1.7.2016) by The Waste (Meaning of Recovery) (Miscellaneous Amendments) (Scotland) Order 2015 (S.S.I. 2015/438), arts. 1, 2

[^key-1f3b174321f51555689562751f0bff93]: Words in reg. 1(4) substituted (S.) (1.10.2016) by The Dangerous Goods in Harbour Areas Regulations 2016 (S.I. 2016/721), reg. 1, Sch. 5 para. 3 (with reg. 5)

[^key-ea35448681ef141aa03f766e984525f6]: Words in reg. 3 substituted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 6(3) (with reg. 78, sch. 5 para. 2)

[^key-551e36f8d4ab043f614a427b00e7f165]: Words in reg. 1(4) substituted (S.) (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 10(2)(b)

[^key-48ac27c19cb29cdaaf2ddce87308e174]: Reg. 6(2)(c) substituted (S.) (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 10(3)

[^key-750ef951906fad0a48fdc1f486dbfbf8]: Words in reg. 13(4) substituted (S.) (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 10(4)

[^key-588b53b1074f197042cbd65333377cf9]: Words in reg. 19A substituted (S.) (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 10(6)

[^key-959e4338cb726798bdfd5f3775859e1a]: Words in reg. 1(4) substituted (S.) (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 3(2)

[^key-3c3fdf45a474355cf9ce09733ac1cbab]: Words in reg. 1(4) substituted (S.) (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 7(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ad1d2d9dfc8ecce866bfaa19aba1390b]: Words in reg. 1(4) substituted (S.) (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 7(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-54f0ff4c6a0dc7d0c01029b6ac6c5c89]: Reg. 2 substituted (S.) (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 7(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-8a21e697f1341f8e9c829d63bbf929d7]: Words in reg. 15(9) omitted (S.) (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 7(6); 2020 c. 1, Sch. 5 para. 1(1)

[^key-17fb0922b2855d9cb244344650ccc595]: Regs. 2ZA-2ZF inserted (S.) (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 7(5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e0558284536f3927a819383290786802]: Regs. 1A, 1B inserted (S.) (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 7(3); 2020 c. 1, Sch. 5 para. 1(1)

[^M_C_684b19ff-4242-4a5b-ec1d-e33df379ccfa]: Reg. 18(2) applied (1.9.1996) by The Waste Management Licensing Regulations 1994 (S.I. 1994/1056), Sch. 4 Pt. 1 para. 14(5) (as inserted by S.I. 1996/972, reg. 1(1), Sch. 3 (with reg. 1(3))

[^key-aa175e3b792db46e699a4ebc4ca9e504]: Reg. 15(6)(6A) revoked (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 2 (with sch. 23)

[^key-b84c593b32a0fdfe17dd257abcfbf580]: Words in reg. 15(7) omitted (S.) (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 13(6)(b) (with sch. 23)

[^key-f2f410f4e0b0a49f8fbfdb78447d2f7d]: Words in reg. 15(5) substituted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 13(6)(a) (with sch. 23)

[^key-502e6c22992fbb36c7c11afaa428e7ef]: Words in reg. 1(4) omitted (S.) (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 13(2)(a) (with sch. 23)

[^key-86467b9ff402ddc9ca61f66bc15a5939]: Words in reg. 1(4) inserted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 13(2)(b) (with sch. 23)

[^key-1a21061a47d94441fd9ff4ca5391f341]: Words in reg. 1(4) inserted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 13(2)(c) (with sch. 23)

[^key-6276ab094e55f044747d2298becdc5dc]: Words in reg. 1(4) omitted (S.) (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 13(2)(d) (with sch. 23)

[^key-9f4e8c776ecb57e2e9e1ecd293652fd7]: Words in reg. 2ZA(4) substituted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 13(4) (with sch. 23)

[^key-93f2241f3e8a5b2b1f0c3b92c27c332a]: Words in reg. 2ZD(3) substituted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 13(4) (with sch. 23)

[^key-2e667992321f86a8349827b20999bd59]: Words in reg. 6(2)(c) substituted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 13(3) (with sch. 23)

[^key-8de542a550be2eee2138bd3505c4f6e6]: Words in reg. 6(2)(c) substituted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 13(5) (with sch. 23)

[^key-b3ee770c38def2f5e7406e8a268989cc]: Words in reg. 10(6)(c) substituted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 13(3) (with sch. 23)

[^key-ec998e36e17a4a566fbd110d8c3ba380]: Words in reg. 16(1) substituted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 13(7) (with sch. 23); and by sch. 22 para. 13(3) of the same amending S.S.I., it is provided that the words “environmental authorisation” are substituted for the words "waste management licence”

[^key-313f7a560b0d902299c110c87c336af4]: Reg. 17 revoked (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 2 (with sch. 23)

[^key-adecca281d1715f8db0c7b8555af9d8c]: Reg. 17A revoked (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 2 (with sch. 23)

[^key-48049f1730066ffc7a0aa85746f442dd]: Reg. 20 revoked (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 2 (with sch. 23)

[^key-ad7fb27e4c7bca1256938744755eb1c6]: Reg. 20A revoked (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 2 (with sch. 23)

[^key-0f4c46acacd4dc32f29bb95518321654]: Reg. 22 revoked (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 2 (with sch. 23)

Transitional provisions and “grandfather rights”

20A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulations relating to the assessment of environmental effects

Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991

Amendment of the Environmental Protection (Duty of Care) Regulations 1991

Amendment of the Controlled Waste Regulations 1992

Amendment of the Waste Management Licensing Regulations 1994

Revocations and savings

PART IV — RULES FOR THE INTERPRETATION OF THIS SCHEDULE

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consignment notes: requirement for a new consignment note

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

Consignment notes: provisions as to furnishing

Consignment notes: importers and exporters

Fees

Registers

Site records

Restrictions on mixing special waste

Offences

Responsibilities of the Agencies

Transitional provisions for certificates of technical competence

Transitional provisions and “grandfather rights”

Amendment of regulations relating to the assessment of environmental effects

Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991

Amendment of the Environmental Protection (Duty of Care) Regulations 1991

Amendment of the Controlled Waste Regulations 1992

Amendment of the Waste Management Licensing Regulations 1994

Revocations and savings

Application of Regulations

2A

• (1) Except as provided in regulation 2B (domestic asbestos waste), these Regulations do not apply to special waste which forms part of mixed domestic waste.

• (2) In this regulation, “mixed domestic waste” does not include any separate fractions of special waste which have been produced by a household.

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

Coding of consignments

Packaging and labelling of special waste

4A

In the course of its collection, transport and temporary storage, the consignor shall ensure that special waste is properly packaged and labelled in accordance with the relevant provisions of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996.

Consignment notes: standard procedure

Consignment notes: cases in which pre-notification is not required

Consignment notes: procedure where pre-notification is not required

Consignment notes: carrier’s rounds

Consignment notes: removal of ships’ waste to reception facilities

Consignment notes etc.: duty of consignee not accepting delivery of a consignment

Consignment notes: requirement for a new consignment note

Consignment notes: duties of the Agencies

Consignment notes: provisions as to furnishing

Consignment notes: importers and exporters

Fees

Registers

Registers: special waste producers

15A

• (1) A special waste producer shall keep a chronological record of the quantity, nature, origin and, where appropriate, the destination, frequency of collection and mode of transport of the special waste produced by that producer.

• (2) Where special waste is transported from the premises where it was produced, by a person other than the producer of that waste, the requirement on the producer to record the destination of that waste includes a requirement to record particulars sufficient to identify that other person.

• (3) A special waste producer shall preserve the records kept pursuant to this Regulation whilst that producer remains the holder of that waste and for at least 3 years commencing on the date upon which that waste is transferred to another person.

• (4) The information required to be kept in accordance with paragraphs (1) and (2) shall be kept in a register maintained by the special waste producer for that purpose.

• (5) A special waste producer shall also enter into the register a copy of each consignment note and, where applicable, carrier’s schedule in respect of each consignment removed, together with the producer return detailing that consignment.

• (6) Except where paragraph (7) applies, the register required to be maintained under paragraph (4) shall be kept at the premises at which the special waste was produced.

• (7) Where a special waste producer ceases to have access to the premises referred to at paragraph (6), but the period mentioned in paragraph (3) has not expired, for the remainder of that period, that producer shall keep the register at the producer’s principal place of business and notify the Scottish Environment Protection Agency thereof forthwith.

• (8) Any register kept and retained under this regulation shall be produced to, and made available for inspection by, the Scottish Environment Protection Agency on request.

• (9) Insofar as is consistent with the foregoing provisions of this regulation, registers required to be kept under this regulation may be kept in any form.

Site records

Restrictions on mixing special waste

Duty to separate mixed wastes

17A

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Offences

Responsibilities of the Agencies

Mutual recognition of consignment notes

19A

Where special waste is removed from premises situated outside Scotland, any consignment note that contains or purports to contain the same information as that required in the notification document for transboundary movements/shipments of waste set out in Annex 1A, and the movement document for transboundary movements/shipments of waste set out in Annex 1B, to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste, as last amended by Commission Regulation 2015/2002, that accompanies the special waste shall be treated for the purposes of these Regulations as if it was a consignment note raised in compliance or purported compliance with the provisions of these Regulations.

Transitional provisions for certificates of technical competence

Transitional provisions and “grandfather rights”

Amendment of regulations relating to the assessment of environmental effects

Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991

Amendment of the Environmental Protection (Duty of Care) Regulations 1991

Amendment of the Controlled Waste Regulations 1992

Amendment of the Waste Management Licensing Regulations 1994

Revocations and savings

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Annex III to the Waste Directive

1A

A reference in these Regulations to—

• (a) Annex III is a reference to Annex III (properties of waste which render it hazardous) to the Waste Directive, and

• (b) hazardous properties is a reference to the properties in Annex III, as read in accordance with regulation 2ZF.

The List of Wastes

1B

• (1) In these Regulations, “the List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste , as last amended by Commission Decision 2014/955/EU .

• (2) A reference in these Regulations in relation to any waste—

• (a) being “listed as a waste” and “listed as a hazardous waste” refers to that waste being listed as a waste, or as a hazardous waste, as the case may be, in the List of Wastes, provided, in the case of a waste listed as a hazardous waste, it shall only be considered to be listed as a hazardous waste where any relevant limit value of concentration is met,

• (b) being “not listed as hazardous” refers to that waste being not listed as a hazardous waste in the List of Wastes, whether or not it is listed as a waste, and whether or not it is otherwise a hazardous or special waste pursuant to these Regulations,

and cognate expressions shall be construed accordingly.

Meaning of special waste

Determination that a waste is hazardous waste

2ZA

• (1) Subject to the following provisions of this regulation, where it appears to the Scottish Ministers that, having regard to the List of Wastes and the limit values of concentration set out in Annex III, there are reasonable grounds to suspect that a waste of a type listed, or falling within a type listed, in the List of Wastes as non-hazardous displays one or more hazardous properties, they may determine that, in Scotland, such waste is hazardous waste.

• (2) The Scottish Ministers may revoke a determination made under paragraph (1).

• (3) Before making a determination under paragraph (1) or revoking a determination under paragraph (2), the Scottish Ministers must consult the requisite bodies, except where they consider it inappropriate to do so in any case on account of the nature of an emergency or grave danger.

• (4) In making a determination under paragraph (1) or revoking a determination under paragraph (2), the Scottish Ministers must take account of the general aims in regulation 9(2)(a) and (c) of the 2018 Regulations, and the relevant waste management objectives referred to in paragraphs 4(2) and (3) of schedule 11 (waste management activities) of those Regulations.

• (5) The Scottish Ministers must publish, in such manner as they consider appropriate for the purpose of informing persons likely to be affected, a notice of any determination made under paragraph (1) or revocation under paragraph (2), and the notice must include—

• (a) the date and time at which the determination or revocation, as the case may be, is to take effect (which may be immediately upon publication), and

• (b) a description of the waste sufficient to identify it,

and must send a copy of the notice to the requisite bodies.

• (6) The notice must give reasons for the determination or revocation, as the case may be.

• (7) Where waste enters Scotland from England, Wales or Northern Ireland, a determination in force under this regulation shall apply to it notwithstanding that a determination to like effect is not in force in respect of England, Wales or Northern Ireland, as the case may be.

Specific waste to be treated as hazardous waste

2ZB

• (1) The Scottish Ministers, having regard to the List of Wastes and the limit values of concentration set out in Annex III, may determine, in exceptional cases, that a specific batch of waste in Scotland which—

• (a) is not listed as hazardous in the List of Wastes, or

• (b) though of a type listed as hazardous waste in the List of Wastes, is treated as non-hazardous pursuant to regulation 2ZC,

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, England or Northern Ireland and not listed as hazardous in the List of Wastes, which is for the time being determined to be hazardous as referred to in paragraph (3) shall, subject to any determination made under regulation 2ZC, be treated for all purposes as hazardous waste in Scotland.

• (3) For the purposes of paragraph (2), a specific batch of waste may be determined to be hazardous—

• (a) in relation to Wales—

• (i) if listed in regulations made under section 62A(2) of the 1990 Act, or

• (ii) if so determined by the Welsh Assembly under regulation 8 of the Hazardous Waste (Wales) Regulations 2005 ,

• (b) in relation to England—

• (i) if listed in regulations made under section 62A(1) of the 1990 Act, or

• (ii) if so determined by the Secretary of State under regulation 8 of the Hazardous Waste (England and Wales) Regulations 2005 , or

• (c) in relation to Northern Ireland, if so determined by the Department of Agriculture, Environment and Rural Affairs under regulation 8 or 9 of the Hazardous Waste Regulations (Northern Ireland) 2005 .

Specific waste to be treated as non-hazardous

2ZC

• (1) The Scottish Ministers may determine, in exceptional cases, on the basis of documentary evidence provided by the holder, and having regard to the List of Wastes and the limit values of concentration set out in Annex III, that a specific batch of waste in Scotland which—

• (a) is listed as hazardous in the List of Wastes, or

• (b) though of a type not listed as hazardous waste in the List of Wastes, is treated as hazardous pursuant to regulation 2ZB(2),

does not display any of the hazardous properties listed in Annex III and accordingly that it shall be treated for all purposes as non-hazardous in Scotland.

• (2) The Scottish Ministers must not determine that waste shall be treated as non-hazardous under paragraph (1) if it has been diluted or mixed with the aim of lowering the initial concentrations of hazardous substances to a level below the thresholds for defining waste as hazardous.

• (3) A specific batch of waste produced in Wales, England or Northern Ireland and listed as a hazardous waste in the List of Wastes, and which is for the time being determined to be non-hazardous as referred to in paragraph (4) shall, subject to any determination made under regulation 2ZB, be treated for all purposes as non-hazardous in Scotland.

• (4) For the purposes of paragraph (3), a specific batch of waste may be determined to be non-hazardous—

• (a) in relation to Wales, by the Welsh Ministers under regulation 9 of the Hazardous Waste (Wales) Regulations 2005,

• (b) in relation to England, by the Secretary of State under regulation 9 of the Hazardous Waste (England and Wales) Regulations 2005, or

• (c) in relation to Northern Ireland by the Department of Agriculture, Environment and Rural Affairs under regulation 10 of the Hazardous Waste Regulations (Northern Ireland) 2005.

Provisions common to regulations 2ZB and 2ZC

2ZD

• (1) The Scottish Ministers may revoke a determination made under regulation 2ZB or 2ZC.

• (2) The Scottish Ministers must, before making a determination under regulation 2ZB or 2ZC or revoking such a determination, except where they consider it inappropriate to do so on account of the nature of any emergency or grave danger, consult—

• (a) the requisite bodies,

• (b) the holder of the specific batch of waste, and

• (c) any other person appearing to them—

• (i) to have an interest in the specific waste, or

• (ii) to be otherwise directly affected by the determination.

• (3) In making a determination under regulation 2ZB or 2ZC or revoking such a determination, the Scottish Ministers must take account of the general aims in regulation 9(2)(a) and (c) of the 2018 Regulations, and the relevant waste management objectives referred to in paragraphs 4(2) and (3) of schedule 11 (waste management activities) of those Regulations. referred to in paragraphs 6(1)(a) and (b), (2) and (3) of schedule 4 of the Waste Management Licensing (Scotland) Regulations 2011.

• (4) The Scottish Ministers must give notice of any determination made under regulation 2ZB or 2ZC or revocation of such a determination to—

• (a) the requisite bodies,

• (b) the holder of the specific batch of waste concerned, and

• (c) any person they have consulted pursuant to paragraph (2)(c).

• (5) The notice must give reasons for the determination or revocation, as the case may be.

Requisite bodies

2ZE

For the purposes of these regulations, the “requisite bodies” are—

• (a) the Scottish Environmental Protection Agency,

• (b) the Secretary of State,

• (c) the Environment Agency,

• (d) the National Assembly for Wales,

• (e) the Natural Resources Body for Wales,

• (f) the Department of Agriculture, Environment and Rural Affairs, Northern Ireland,

• (g) the Health and Safety Executive, and

• (h) any organisation appearing to the Scottish Ministers to be representative of persons likely to be affected by the relevant determination or revocation of a determination, as the case may be.

Modification of the Waste Directive

2ZF

• (1) For the purposes of these regulations, the Waste Directive is to be read in accordance with this regulation.

• (2) Annex III (properties of waste which render it hazardous) is to be read as if—

• (a) in entry HP 9, in the second sentence, “in the Member States” were omitted, and

• (b) in entry HP 15, in the text following the table, for the words “Member States” there were substituted “ the Scottish Ministers ”.

Application of Regulations

Domestic Asbestos Waste

Certain radioactive waste to be special waste

Coding of consignments

Packaging and labelling of special waste

Consignment notes: standard procedure

Consignment notes: cases in which pre-notification is not required

Consignment notes: procedure where pre-notification is not required

Consignment notes: carrier’s rounds

Consignment notes: removal of ships’ waste to reception facilities

Consignment notes etc.: duty of consignee not accepting delivery of a consignment

Consignment notes: requirement for a new consignment note

Consignment notes: duties of the Agencies

Consignment notes: provisions as to furnishing

Consignment notes: importers and exporters

Fees

Registers

Registers: special waste producers

Site records

Restrictions on mixing special waste

Duty to separate mixed wastes

Offences

Responsibilities of the Agencies

Mutual recognition of consignment notes

Transitional provisions for certificates of technical competence

Transitional provisions and “grandfather rights”

Amendment of regulations relating to the assessment of environmental effects

Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991

Amendment of the Environmental Protection (Duty of Care) Regulations 1991

Amendment of the Controlled Waste Regulations 1992

Amendment of the Waste Management Licensing Regulations 1994

Revocations and savings