The End-of-Life Vehicles Regulations 2003

Certificate of destruction issued in an EEA State or Gibraltar

Amendments to the Road Vehicles (Registration and Licensing) Regulations 2002

Restrictions on disclosure of information

Interpretation

Entry and Inspection

22A

• (1) For the purposes of carrying out their functions under these Regulations, an enforcement officer may exercise the following powers of entry and inspection.

• (2) Subject to the production if so requested of their credentials, an enforcement officer may—

• (a) enter at any reasonable time any premises except for a private dwelling which that officer considers necessary to enter;

• (b) make such examination and investigation as may in the circumstances be necessary;

• (c) take such measurements and photographs and make such recordings as are considered necessary for the purpose of an examination or investigation under sub-paragraph (b);

• (d) take samples, or cause samples to be taken, of any materials and components of vehicles found in or on any premises which the enforcement officer has power to enter;

• (e) require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records—

• (i) which are required to be kept under these Regulations, or

• (ii) which it is necessary to see for the purposes of an examination or investigation under sub-paragraph (b),

and inspect and take copies of, or any entry in, the records; and

• (f) require any person on the premises to afford such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the enforcement officer to exercise any of the powers conferred on them by these Regulations.

Offences

Penalties

Enforcement

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Modification of the Waste Directive

2A

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

• (2) Article 5 is to be read as if—

• (a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

• (b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object is a by-product must be made— (a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and (b) having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

• (c) paragraphs 2 and 3 were omitted.

• (3) Article 6 is to be read as if—

• (a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

• (b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object has ceased to be waste must be made— (a) in accordance with any regulations or assimilated direct legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and (b) having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

• (c) in paragraph 2—

• (i) the first subparagraph were omitted;

• (ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

• (iii) the third and fourth subparagraphs were omitted;

• (d) paragraph 3 were omitted;

• (e) in paragraph 4—

• (i) in the first subparagraph—

• (aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate agency”;

• (bb) the second sentence were omitted;

• (ii) in the second subparagraph—

• (aa) for “Member States” there were substituted “The appropriate agency”;

• (bb) “by competent authorities” were omitted.

• (4) In this regulation—

• “appropriate agency” means—in relation to England, the Environment Agency;in relation to Wales, the Natural Resources Body for Wales;in relation to Scotland, the Scottish Environment Protection Agency;

• “appropriate authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;in relation to Scotland, the Scottish Ministers.

Existing legislation