Part I Integrated Pollution Control and Air Pollution Control by Local Authorities _cross-notes

Preliminary

1 Preliminary. _cross-notes

[^F1 (1)The following provisions have effect for the interpretation of this Part.

(2) The “environment” consists of all, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground.

(3) “ Pollution of the environment ” means pollution of the environment due to the release (into any environmental medium) from any process of substances which are capable of causing harm to man or any other living organisms supported by the environment.

(4) “ Harm ” means harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes offence caused to any of his senses or harm to his property; and “ harmless ” has a corresponding meaning.

(5) “ Process ” means any activities carried on in Great Britain, whether on premises or by means of mobile plant, which are capable of causing pollution of the environment and “ prescribed process ” means a process prescribed under section 2(1) below.

(6)For the purposes of subsection (5) above—

• “ activities ” means industrial or commercial activities or activities of any other nature whatsoever (including, with or without other activities, the keeping of a substance);

• “ Great Britain ” includes so much of the adjacent territorial sea as is, or is treated as, relevant territorial waters for the purposes of [ ^F2 Part III of the Water Resources Act 1991 ] or, as respects Scotland, Part II of the ^M1 Control of Pollution Act 1974; and

• “ mobile plant ” means plant which is designed to move or to be moved whether on roads or otherwise.

(7) The “ enforcing authority ”, in relation to England and Wales, is [^F3 the Environment Agency or the local authority by which ^F3] , under section 4 below, the functions conferred or imposed by this Part otherwise than on the Secretary of State are for the time being exercisable in relation respectively to releases of substances into the environment or into the air; and “ local enforcing authority ” means any such local authority.

^F4 (8) In relation to Scotland, references to the “enforcing authority” and a “ local enforcing authority ” are references to the Scottish Environment Protection Agency (in this Part referred to as “ SEPA ”).

(9) “ Authorisation ” means an authorisation for a process (whether on premises or by means of mobile plant) granted under section 6 below; and a reference to the conditions of an authorisation is a reference to the conditions subject to which at any time the authorisation has effect.

(10) A substance is “released” into any environmental medium whenever it is released directly into that medium whether it is released into it within or outside Great Britain and “ release ” includes—

(a)in relation to air, any emission of the substance into the air;

(b)in relation to water, any entry (including any discharge) of the substance into water;

(c)in relation to land, any deposit, keeping or disposal of the substance in or on land;

and for this purpose “ water ” and “ land ” shall be construed in accordance with subsections (11) and (12) below.

(11)For the purpose of determining into what medium a substance is released—

(a)any release into—

(i)the sea or the surface of the seabed,

(ii)any river, watercourse, lake, loch or pond (whether natural or artificial or above or below ground) or reservoir or the surface of the riverbed or of other land supporting such waters, or

(iii)ground waters,

is a release into water;

(b)any release into—

(i)land covered by water falling outside paragraph (a) above or the water covering such land; or

(ii)the land beneath the surface of the seabed or of other land supporting waters falling within paragraph (a)(ii) above,

is a release into land; and

(c)any release into a sewer (within the meaning of [^F5the Water Industry Act 1991] or, in relation to Scotland, of the ^M2Sewerage (Scotland) Act 1968) shall be treated as a release into water;

but a sewer and its contents shall be disregarded in determining whether there is pollution of the environment at any time.

(12) In subsection (11) above “ ground waters ” means any waters contained in underground strata, or in—

(a)a well, borehole or similar work sunk into underground strata, including any adit or passage constructed in connection with the well, borehole or work for facilitating the collection of water in the well, borehole or work; or

(b)any excavation into underground strata where the level of water in the excavation depends wholly or mainly on water entering it from the strata.

(13) “ Substance ” shall be treated as including electricity or heat and “ prescribed substance ” has the meaning given by section 2(7) below.

^F6 (14) In this Part “ the appropriate Agency ” means—

(a)in relation to England and Wales, the Environment Agency; and

(b)in relation to Scotland, SEPA.^F1]

2 Prescribed processes and prescribed substances.

[^F1 (1)The Secretary of State may, by regulations, prescribe any description of process as a process for the carrying on of which after a prescribed date an authorisation is required under section 6 below.

(2)Regulations under subsection (1) above may frame the description of a process by reference to any characteristics of the process or the area or other circumstances in which the process is carried on or the description of person carrying it on.

(3)Regulations under subsection (1) above may prescribe or provide for the determination under the regulations of different dates for different descriptions of persons and may include such transitional provisions as the Secretary of State considers necessary or expedient as respects the making of applications for authorisations and suspending the application of section 6(1) below until the determination of applications made within the period allowed by the regulations.

(4)Regulations under subsection (1) above shall, as respects each description of process, designate it as one for central control or one for local control.

(5)The Secretary of State may, by regulations, prescribe any description of substance as a substance the release of which into the environment is subject to control under sections 6 and 7 below.

(6)Regulations under subsection (5) above may—

(a)prescribe separately, for each environmental medium, the substances the release of which into that medium is to be subject to control; and

(b)provide that a description of substance is only prescribed, for any environmental medium, so far as it is released into that medium in such amounts over such periods, in such concentrations or in such other circumstances as may be specified in the regulations;

and in relation to a substance of a description which is prescribed for releases into the air, the regulations may designate the substance as one for central control or one for local control.

(7) In this Part “ prescribed substance ” means any substance of a description prescribed in regulations under subsection (5) above or, in the case of a substance of a description prescribed only for releases in circumstances specified under subsection (6)(b) above, means any substance of that description which is released in those circumstances. ^F1]

3 Emission etc. limits and quality objectives.

[^F1 (1)The Secretary of State may make regulations under subsection (2) or (4) below establishing standards, objectives or requirements in relation to particular prescribed processes or particular substances.

(2)Regulations under this subsection may—

(a)in relation to releases of any substance from prescribed processes into any environmental medium, prescribe standard limits for—

(i)the concentration, the amount or the amount in any period of that substance which may be so released; and

(ii)any other characteristic of that substance in any circumstances in which it may be so released;

(b)prescribe standard requirements for the measurement or analysis of, or of releases of, substances for which limits have been set under paragraph (a) above; and

(c)in relation to any prescribed process, prescribe standards or requirements as to any aspect of the process.

(3)Regulations under subsection (2) above may make different provision in relation to different cases, including different provision in relation to different processes, descriptions of person, localities or other circumstances.

(4)Regulations under this subsection may establish for any environmental medium (in all areas or in specified areas) quality objectives or quality standards in relation to any substances which may be released into that or any other medium from any process.

(5)The Secretary of State may make plans for—

(a)establishing limits for the total amount, or the total amount in any period, of any substance which may be released into the environment in, or in any area within, the United Kingdom;

(b)allocating quotas as respects the release of substances to persons carrying on processes in respect of which any such limit is established;

(c)establishing limits of the descriptions specified in subsection (2)(a) above so as progressively to reduce pollution of the environment;

(d)the progressive improvement in the quality objectives and quality standards established by regulations under subsection (4) above;

and the Secretary of State may, from time to time, revise any plan so made.

(6)Regulations or plans under this section may be made for any purposes of this Part or for other purposes.

(7)The Secretary of State shall give notice in the London, Edinburgh and Belfast Gazettes of the making and the revision of any plan under subsection (5) above and shall make the documents containing the plan, or the plan as so revised, available for inspection by members of the public at the places specified in the notice.

^F7(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F1]

4 Discharge and scope of functions.

[^F1 (1)This section determines the authority by whom the functions conferred or imposed by this Part otherwise than on the Secretary of State are exercisable and the purposes for which they are exercisable.

(2)Those functions, in their application to prescribed processes designated for central control, shall be functions of [^F8 the appropriate Agency^F8] , and shall be exercisable for the purpose of preventing or minimising pollution of the environment due to the release of substances into any environmental medium.

(3)Subject to subsection (4) below, those functions, in their application to prescribed processes designated for local control, shall be functions of—

^F9 (a)in the case of a prescribed process carried on (or to be carried on) by means of a mobile plant, where the person carrying on the process has his principal place of business—

(i)in England and Wales, the local authority in whose area that place of business is;

(ii)in Scotland, SEPA;

(b)in any other cases, where the prescribed processes are (or are to be) carried on—

(i)in England and Wales, the local authority in whose area they are (or are to be) carried on;

(ii)in Scotland, SEPA;

and the functions applicable to such processes shall be exercisable for the purpose of preventing or minimising pollution of the environment due to the release of substances into the air (but not into any other environmental medium).

(4)The Secretary of State may, as respects the functions under this Part being exercised by a local authority specified in the direction, direct that those functions shall be exercised instead by [^F10 the Environment Agency^F10] while the direction remains in force or during a period specified in the direction.

^F11 (4A)In England and Wales, a local authority, in exercising the functions conferred or imposed on it under this Part by virtue of subsection (3) above, shall have regard to the strategy for the time being published pursuant to section 80 of the Environment Act 1995.

(5)A transfer of functions under subsection (4) above to [^F12 the Environment Agency^F12] does not make them exercisable by [^F12 that Agency^F12] for the purpose of preventing or minimising pollution of the environment due to releases of substances into any other environmental medium than the air.

(6) A direction under subsection (4) above may transfer those functions as exercisable in relation to all or any description of prescribed processes carried on by all or any description of persons (a “general direction”) or in relation to a prescribed process carried on by a specified person (a “specific direction”).

(7)A direction under subsection (4) above may include such saving and transitional provisions as the Secretary of State considers necessary or expedient.

(8)The Secretary of State, on giving or withdrawing a direction under subsection (4) above, shall—

(a)in the case of a general direction—

(i)forthwith serve notice of it on [^F13 the Environment Agency^F13] and on the local enforcing authorities affected by the direction; and

(ii)cause notice of it to be published as soon as practicable in the London Gazette ^F14. . . and in at least one newspaper circulating in the area of each authority affected by the direction;

(b)in the case of a specific direction—

(i)forthwith serve notice of it on [^F13 the Environment Agency^F13] , the local enforcing authority and the person carrying on or appearing to the Secretary of State to be carrying on the process affected, and

(ii)cause notice of it to be published as soon as practicable in the London Gazette ^F14. . . and in at least one newspaper circulating in the authority’s area;

and any such notice shall specify the date at which the direction is to take (or took) effect and (where appropriate) its duration.

^F15 (8A)The requirements of sub-paragraph (ii) of paragraph (a) or, as the case may be, of paragraph (b) of subsection (8) above shall not apply in any case where, in the opinion of the Secretary of State, the publication of notice in accordance with that sub-paragraph would be contrary to the interests of national security.

(8B)Subsections (4) to (8A) above shall not apply to Scotland.

^F16 (9)It shall be the duty of local authorities to follow such developments in technology and techniques for preventing or reducing pollution of the environment due to releases of substances from prescribed processes as concern releases into the air of substances from prescribed processes designated for local control.

(10)It shall be the duty of [^F17 the Environment Agency, SEPA^F17] and the local enforcing authorities to give effect to any directions given to them under any provision of this Part.

(11) In this Part “ local authority ” means, subject to subsection (12) below—

(a)in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple;

(b)[^F18 in England ^F18. . .,^F18] outside Greater London, a district council and the Council of the Isles of Scilly; ^F19. . .

^F20 (bb)in Wales, a county council or county borough council;

^F19(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Where, by an order under section 2 of the ^M3 Public Health (Control of Disease) Act 1984, a port health authority has been constituted for any port health district, the port health authority shall have by virtue of this subsection, as respects its district, the functions conferred or imposed by this Part and no such order shall be made assigning those functions; and “ local authority ” and “ area ” shall be construed accordingly. ^F1]

^F215 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisations

6 Authorisations: general provisions. _cross-notes

[^F1 (1)No person shall carry on a prescribed process after the date prescribed or determined for that description of process by or under regulations under section 2(1) above (but subject to any transitional provision made by the regulations) except under an authorisation granted by the enforcing authority and in accordance with the conditions to which it is subject.

(2)An application for an authorisation shall be made to the enforcing authority in accordance with Part I of Schedule 1 to this Act and shall be accompanied by

^F22 (a)in a case where, by virtue of section 41 of the Environment Act 1995, a charge prescribed by a charging scheme under that section is required to be paid to the appropriate Agency in respect of the application, the charge so prescribed; or

(b)in any other case, the fee prescribed under section 8(2)(a) below.

(3)Where an application is duly made to the enforcing authority, the authority shall either grant the authorisation subject to the conditions required or authorised to be imposed by section 7 below or refuse the application.

(4)An application shall not be granted unless the enforcing authority considers that the applicant will be able to carry on the process so as to comply with the conditions which would be included in the authorisation.

(5)The Secretary of State may, if he thinks fit in relation to any application for an authorisation, give to the enforcing authority directions as to whether or not the authority should grant the authorisation.

(6)[^F23 Subject to subsection (6A) below,^F23] the enforcing authority shall, as respects each authorisation in respect of which it has functions under this Part, from time to time but not less frequently than once in every period of four years, carry out a review of the conditions of the authorisation.

[^F24 (6A)[^F25 Subsection (6) above shall not require a review of the conditions of an authorisation to be carried out if–

(a)the prescribed process covered by the authorisation is carried on in a new Part A installation or by means of a new Part A mobile plant;

(b)the prescribed process covered by the authorisation is carried on in an existing Part A installation or by means of an existing Part A mobile plant and the review would be carried out within the period of two years ending at the beginning of the relevant period for that installation or mobile plant;

(c)the prescribed process covered by the authorisation is carried on in an existing Part B installation or by means of an existing Part B mobile plant and the review would be carried out within the two year period ending on the relevant date for that installation or mobile plant.^F25]

[^F25 Subsection (6) does not require a review of the conditions of an authorisation to be carried out if the prescribed process covered by the authorisation is—

(a)a Part A activity,

(b)a Part B activity,

(c)a solvent emission activity, or

(d)carried out using mobile plant.^F25]

(6B) [^F25 In subsection (6A) above, “new Part A installation”, “existing Part A installation”, “new Part A mobile plant”, “existing Part A mobile plant”, “relevant period”, “existing Part B installation”, “existing Part B mobile plant” and “relevant date” have the meanings given in Schedule 3 to the Pollution Prevention and Control (Scotland) Regulations 2000 . ^F25]

[^F25 In subsection (6A), “Part A activity”, “Part B activity”, “solvent emission activity” and “mobile plant” have the meanings given in the Pollution Prevention and Control (Scotland) Regulations 2012 . ^F25,F24]]

(7)The Secretary of State may, by regulations, substitute for the period for the time being specified in subsection (6) above such other period as he thinks fit.

(8)Schedule 1 to this Act (supplementary provisions) shall have effect in relation to authorisations.^F1]

7 Conditions of authorisations.

[^F1 (1)There shall be included in an authorisation—

(a)subject to paragraph (b) below, such specific conditions as the enforcing authority considers appropriate, when taken with the general condition implied by subsection (4) below, for achieving the objectives specified in subsection (2) below;

(b)such conditions as are specified in directions given by the Secretary of State under subsection (3) below; and

(c)such other conditions (if any) as appear to the enforcing authority to be appropriate;

but no conditions shall be imposed for the purpose only of securing the health of persons at work (within the meaning of Part I of the ^M4Health and Safety at Work etc. Act 1974).

(2)Those objectives are—

(a)ensuring that, in carrying on a prescribed process, the best available techniques not entailing excessive cost will be used—

(i)for preventing the release of substances prescribed for any environmental medium into that medium or, where that is not practicable by such means, for reducing the release of such substances to a minimum and for rendering harmless any such substances which are so released; and

(ii)for rendering harmless any other substances which might cause harm if released into any environmental medium;

(b)compliance with any directions by the Secretary of State given for the implementation of any [[^F26,F27 assimilated^F27] obligations^F26] or international law relating to environmental protection;

(c)compliance with any limits or requirements and achievement of any quality standards or quality objectives prescribed by the Secretary of State under any of the relevant enactments;

(d)compliance with any requirements applicable to the grant of authorisations specified by or under a plan made by the Secretary of State under section 3(5) above.

(3)Except as respects the general condition implied by subsection (4) below, the Secretary of State may give directions to the enforcing authorities as to the conditions which are, or are not, to be included in all authorisations, in authorisations of any specified description or in any particular authorisation.

(4)Subject to subsections (5) and (6) below, there is implied in every authorisation a general condition that, in carrying on the process to which the authorisation applies, the person carrying it on must use the best available techniques not entailing excessive cost—

(a)for preventing the release of substances prescribed for any environmental medium into that medium or, where that is not practicable by such means, for reducing the release of such substances to a minimum and for rendering harmless any such substances which are so released; and

(b)for rendering harmless any other substances which might cause harm if released into any environmental medium.

(5)In the application of subsections (1) to (4) above to authorisations granted by a local enforcing authority references to the release of substances into any environmental medium are to be read as references to the release of substances into the air.

(6)The obligation implied by virtue of subsection (4) above shall not apply in relation to any aspect of the process in question which is regulated by a condition imposed under subsection (1) above.

(7)The objectives referred to in subsection (2) above shall, where the process—

(a)is one designated for central control; and

(b)is likely to involve the release of substances into more than one environmental medium;

include the objective of ensuring that the best available techniques not entailing excessive cost will be used for minimising the pollution which may be caused to the environment taken as a whole by the releases having regard to the best practicable environmental option available as respects the substances which may be released.

(8)An authorisation for carrying on a prescribed process may, without prejudice to the generality of subsection (1) above, include conditions—

(a)imposing limits on the amount or composition of any substance produced by or utilised in the process in any period; and

(b)requiring advance notification of any proposed change in the manner of carrying on the process.

(9)This section has effect subject to section 28 below ^F28. . .

(10)References to the best available techniques not entailing excessive cost, in relation to a process, include (in addition to references to any technical means and technology) references to the number, qualifications, training and supervision of persons employed in the process and the design, construction, lay-out and maintenance of the buildings in which it is carried on.

(11)It shall be the duty of enforcing authorities to have regard to any guidance issued to them by the Secretary of State for the purposes of the application of subsections (2) and (7) above as to the techniques and environmental options that are appropriate for any description of prescribed process.

(12) In subsection (2) above “ the relevant enactments ” are any enactments or instruments contained in or made for the time being under—

(a)section 2 of the ^M5Clean Air Act 1968;

[^F29 (b)[^F30 assimilated^F30] law;^F29]

(c)Part I of the ^M6Health and Safety at Work etc. Act 1974;

(d)Parts II, III or IV of the ^M7Control of Pollution Act 1974;

^F31 (e)the Water Resources Act 1991; [^F32 and^F32]

(f)section 3 of this Act [^F33 ; [^F32 and^F32]

(g)section 87 of the Environment Act 1995.[^F34 and

(h)Part 1 of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).^F34,F33,F1]]]

8 Fees and charges for authorisations. _cross-notes

[^F1 (1)There shall be charged by and paid to the [^F35 local enforcing authority^F35] such fees and charges as may be prescribed from time to time by a scheme under subsection (2) below (whether by being specified in or made calculable under the scheme).

(2)The Secretary of State may, with the approval of the Treasury, make, and from time to time revise, a scheme prescribing—

(a)fees payable in respect of applications for authorisations;

(b)fees payable by persons holding authorisations in respect of, or of applications for, the variation of authorisations; and

(c)charges payable by such persons in respect of the subsistence of their authorisations.

(3)The Secretary of State shall, on making or revising a scheme under subsection (2) above, lay a copy of the scheme or of the alterations made in the scheme or, if he considers it more appropriate, the scheme as revised, before each House of Parliament.

^F36(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A scheme under subsection (2) above may, in particular—

(a)make different provision for different cases, including different provision in relation to different persons, circumstances or localities;

(b)allow for reduced fees or charges to be payable in respect of authorisations for a number of prescribed processes carried on by the same person;

(c)provide for the times at which and the manner in which the payments required by the scheme are to be made; and

(d)make such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate.

(6)The Secretary of State, in framing a scheme under subsection (2) above, shall, so far as practicable, secure that the fees and charges payable under the scheme are sufficient, taking one financial year with another, to cover the relevant expenditure attributable to authorisations.

(7) The “ relevant expenditure attributable to authorisations ” is the expenditure incurred by the [^F37 local enforcing authorities ^F37] in exercising their functions under this Part in relation to authorisations ^F38 . . . [^F39 together with the expenditure incurred by the Environment Agency in exercising, in relation to authorisations granted by local enforcing authorities or the prescribed processes to which such authorisations relate, such of its functions as are specified in the scheme. ^F39]

(8)If it appears to the [^F40 local enforcing authority^F40] that the holder of an authorisation has failed to pay a charge due in consideration of the subsistence of the authorisation, it may, by notice in writing served on the holder, revoke the authorisation.

^F41(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F42 (10)The foregoing provisions of this section shall not apply to Scotland.^F1]

9 Transfer of authorisations.

[^F1 (1)An authorisation for the carrying on of any prescribed process may be transferred by the holder to a person who proposes to carry on the process in the holder’s place.

(2)Where an authorisation is transferred under this section, the person to whom it is transferred shall notify the enforcing authority in writing of that fact not later than the end of the period of twenty-one days beginning with the date of the transfer.

(3)An authorisation which is transferred under this section shall have effect on and after the date of the transfer as if it had been granted to that person under section 6 above, subject to the same conditions as were attached to it immediately before that date.^F1]

10 Variation of authorisations by enforcing authority.

[^F1 (1)The enforcing authority may at any time, subject to the requirements of section 7 above, and, in cases to which they apply, the requirements of Part II of Schedule 1 to this Act, vary an authorisation and shall do so if it appears to the authority at that time that that section requires conditions to be included which are different from the subsisting conditions.

(2)Where the enforcing authority has decided to vary an authorisation under subsection (1) above the authority shall notify the holder of the authorisation and serve a variation notice on him.

(3) In this Part a “ variation notice ” is a notice served by the enforcing authority on the holder of an authorisation—

(a)specifying variations of the authorisation which the enforcing authority has decided to make; and

(b)specifying the date or dates on which the variations are to take effect;

and, unless the notice is withdrawn [^F43 or is varied under subsection (3A) below^F43] , the variations specified in a variation notice shall take effect on the date or dates so specified.

^F44 (3A)An enforcing authority which has served a variation notice may vary that notice by serving on the holder of the authorisation in question a further notice—

(a)specifying the variations which the enforcing authority has decided to make to the variation notice; and

(b)specifying the date or dates on which the variations specified in the variation notice, as varied by the further notice, are to take effect;

and any reference in this Part to a variation notice, or to a variation notice served under subsection (2) above, includes a reference to such a notice as varied by a further notice served under this subsection.

(4)A variation notice served under subsection (2) above shall also—

(a)require the holder of the authorisation, within such period as may be specified in the notice, to notify the authority what action (if any) he proposes to take to ensure that the process is carried on in accordance with the authorisation as varied by the notice; and

^F45 (b)require the holder to pay, within such period as may be specified in the notice,—

(i)in a case where the enforcing authority is the Environment Agency or SEPA, the charge (if any) prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; or

(ii)in any other case, the fee (if any) prescribed by a scheme under section 8 above.

(5)Where in the opinion of the enforcing authority any action to be taken by the holder of an authorisation in consequence of a variation notice served under subsection (2) above will involve a substantial change in the manner in which the process is being carried on, the enforcing authority shall notify the holder of its opinion.

(6)The Secretary of State may, if he thinks fit in relation to authorisations of any description or particular authorisations, direct the enforcing authorities—

(a)to exercise their powers under this section, or to do so in such circumstances as may be specified in the directions, in such manner as may be so specified; or

(b)not to exercise those powers, or not to do so in such circumstances or such manner as may be so specified;

and the Secretary of State shall have the corresponding power of direction in respect of the powers of the enforcing authorities to vary authorisations under section 11 below.

(7) In this section and section 11 below a “ substantial change ”, in relation to a prescribed process being carried on under an authorisation, means a substantial change in the substances released from the process or in the amount or any other characteristic of any substance so released; and the Secretary of State may give directions to the enforcing authorities as to what does or does not constitute a substantial change in relation to processes generally, any description of process or any particular process.

(8)In this section and section 11 below—

• “ prescribed ” means prescribed in regulations made by the Secretary of State;

• “ vary ”

  (a)

  ^F46 , in relation to the subsisting conditions or other provisions of an authorisation, means adding to them or varying or rescinding any of them;[^F47 and

  (b)

  in relation to a variation notice, means adding to, or varying or rescinding the notice or any of its contents;^F47]

  and “ variation ” shall be construed accordingly. ^F1]

11 Variation of conditions etc: applications by holders of authorisations.

[^F1 (1)A person carrying on a prescribed process under an authorisation who wishes to make a relevant change in the process may at any time—

(a)notify the enforcing authority in the prescribed form of that fact, and

(b)request the enforcing authority to make a determination, in relation to the proposed change, of the matters mentioned in subsection (2) below;

and a person making a request under paragraph (b) above shall furnish the enforcing authority with such information as may be prescribed or as the authority may by notice require.

(2)On receiving a request under subsection (1) above the enforcing authority shall determine—

(a)whether the proposed change would involve a breach of any condition of the authorisation;

(b)if it would not involve such a breach, whether the authority would be likely to vary the conditions of the authorisation as a result of the change;

(c)if it would involve such a breach, whether the authority would consider varying the conditions of the authorisation so that the change may be made; and

(d)whether the change would involve a substantial change in the manner in which the process is being carried on;

and the enforcing authority shall notify the holder of the authorisation of its determination of those matters.

(3)Where the enforcing authority has determined that the proposed change would not involve a substantial change, but has also determined under paragraph (b) or (c) of subsection (2) above that the change would lead to or require the variation of the conditions of the authorisation, then—

(a)the enforcing authority shall (either on notifying its determination under that subsection or on a subsequent occasion) notify the holder of the authorisation of the variations which the authority is likely to consider making; and

(b)the holder may apply in the prescribed form to the enforcing authority for the variation of the conditions of the authorisation so that he may make the proposed change.

(4)Where the enforcing authority has determined that a proposed change would involve a substantial change that would lead to or require the variation of the conditions of the authorisation, then—

(a)the authority shall (either on notifying its determination under subsection (2) above or on a subsequent occasion) notify the holder of the authorisation of the variations which the authority is likely to consider making; and

(b)the holder of the authorisation shall, if he wishes to proceed with the change, apply in the prescribed form to the enforcing authority for the variation of the conditions of the authorisation.

(5)The holder of an authorisation may at any time, unless he is carrying on a prescribed process under the authorisation and wishes to make a relevant change in the process, apply to the enforcing authority in the prescribed form for the variation of the conditions of the authorisation.

(6)A person carrying on a process under an authorisation who wishes to make a relevant change in the process may, where it appears to him that the change will require the variation of the conditions of the authorisation, apply to the enforcing authority in the prescribed form for the variation of the conditions of the authorisation specified in the application.

(7)A person who makes an application for the variation of the conditions of an authorisation shall furnish the authority with such information as may be prescribed or as the authority may by notice require.

(8)On an application for variation of the conditions of an authorisation under any provision of this section—

(a)the enforcing authority may, having fulfilled the requirements of Part II of Schedule 1 to this Act in cases to which they apply, as it thinks fit either refuse the application or, subject to the requirements of section 7 above, vary the conditions or, in the case of an application under subsection (6) above, treat the application as a request for a determination under subsection (2) above; and

(b)if the enforcing authority decides to vary the conditions, it shall serve a variation notice on the holder of the authorisation.

^F48 (9)Any application to the enforcing authority under this section shall be accompanied—

(a)in a case where the enforcing authority is the Environment Agency or SEPA, by the charge (if any) prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; or

(b)in any other case, by the fee (if any) prescribed by a scheme under section 8 above.

(10)This section applies to any provision other than a condition which is contained in an authorisation as it applies to a condition with the modification that any reference to the breach of a condition shall be read as a reference to acting outside the scope of the authorisation.

(11)For the purposes of this section a relevant change in a prescribed process is a change in the manner of carrying on the process which is capable of altering the substances released from the process or of affecting the amount or any other characteristic of any substance so released.^F1]

12 Revocation of authorisation.

[^F1 (1)The enforcing authority may at any time revoke an authorisation by notice in writing to the person holding the authorisation.

(2)Without prejudice to the generality of subsection (1) above, the enforcing authority may revoke an authorisation where it has reason to believe that a prescribed process for which the authorisation is in force has not been carried on or not for a period of twelve months.

(3)The revocation of an authorisation under this section shall have effect from the date specified in the notice; and the period between the date on which the notice is served and the date so specified shall not be less than twenty-eight days.

(4)The enforcing authority may, before the date on which the revocation of an authorisation takes effect, withdraw the notice or vary the date specified in it.

(5)The Secretary of State may, if he thinks fit in relation to an authorisation, give to the enforcing authority directions as to whether the authority should revoke the authorisation under this section.^F1]

Enforcement

13 Enforcement notices.

[^F1 (1) If the enforcing authority is of the opinion that the person carrying on a prescribed process under an authorisation is contravening any condition of the authorisation, or is likely to contravene any such condition, the authority may serve on him a notice (“an enforcement notice”).

(2)An enforcement notice shall—

(a)state that the authority is of the said opinion;

(b)specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;

(c)specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be; and

(d)specify the period within which those steps must be taken.

(3)The Secretary of State may, if he thinks fit in relation to the carrying on by any person of a prescribed process, give to the enforcing authority directions as to whether the authority should exercise its powers under this section and as to the steps which are to be required to be taken under this section.

^F49 (4)The enforcing authority may, as respects any enforcement notice it has issued to any person, by notice in writing served on that person, withdraw the notice.^F1]

14 Prohibition notices.

[^F1 (1) If the enforcing authority is of the opinion, as respects the carrying on of a prescribed process under an authorisation, that the continuing to carry it on, or the continuing to carry it on in a particular manner, involves an imminent risk of serious pollution of the environment the authority shall serve a notice (a “prohibition notice”) on the person carrying on the process.

(2)A prohibition notice may be served whether or not the manner of carrying on the process in question contravenes a condition of the authorisation and may relate to any aspects of the process, whether regulated by the conditions of the authorisation or not.

(3)A prohibition notice shall—

(a)state the authority’s opinion;

(b)specify the risk involved in the process;

(c)specify the steps that must be taken to remove it and the period within which they must be taken; and

(d)direct that the authorisation shall, until the notice is withdrawn, wholly or to the extent specified in the notice cease to have effect to authorise the carrying on of the process;

and where the direction applies to part only of the process it may impose conditions to be observed in carrying on the part which is authorised to be carried on.

(4)The Secretary of State may, if he thinks fit in relation to the carrying on by any person of a prescribed process, give to the enforcing authority directions as to—

(a)whether the authority should perform its duties under this section; and

(b)the matters to be specified in any prohibition notice in pursuance of subsection (3) above which the authority is directed to issue.

(5)The enforcing authority shall, as respects any prohibition notice it has issued to any person, by notice in writing served on that person, withdraw the notice when it is satisfied that the steps required by the notice have been taken.^F1]

15 Appeals as respects authorisations and against variation, enforcement and prohibition notices. _cross-notes

[^F1 (1)The following persons, namely—

(a)a person who has been refused the grant of an authorisation under section 6 above;

(b)a person who is aggrieved by the conditions attached, under any provision of this Part, to his authorisation;

(c)a person who has been refused a variation of an authorisation on an application under section 11 above;

(d)a person whose authorisation has been revoked under section 12 above;

may appeal against the decision of the enforcing authority to the Secretary of State (except where the decision implements a direction of his).

(2)A person on whom a variation notice, an enforcement notice or a prohibition notice is served may appeal against the notice to the Secretary of State [^F50 (except where the notice implements a direction of his).^F50] .

^F51 (3)This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).

(4)An appeal under this section shall, if and to the extent required by regulations under subsection (10) below, be advertised in such manner as may be prescribed by regulations under that subsection.

^F52 (5)Before determining an appeal under this section, the Secretary of State may, if he thinks fit—

(a)cause the appeal to take or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private); or

(b)cause a local inquiry to be held;

and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by either party to the appeal to be heard with respect to the appeal.

(6)On determining an appeal against a decision of an enforcing authority under subsection (1) above, the Secretary of State—

(a)may affirm the decision;

(b)where the decision was a refusal to grant an authorisation or a variation of an authorisation, may direct the enforcing authority to grant the authorisation or to vary the authorisation, as the case may be;

(c)where the decision was as to the conditions attached to an authorisation, may quash all or any of the conditions of the authorisation;

(d)where the decision was to revoke an authorisation, may quash the decision;

and where he exercises any of the powers in paragraphs (b), (c) or (d) above, he may give directions as to the conditions to be attached to the authorisation.

(7)On the determination of an appeal under subsection (2) above the Secretary of State may either quash or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as he may in the circumstances think fit.

(8)Where an appeal is brought under subsection (1) above against the revocation of an authorisation, the revocation shall not take effect pending the final determination or the withdrawal of the appeal.

(9)Where an appeal is brought under subsection (2) above against a notice, the bringing of the appeal shall not have the effect of suspending the operation of the notice.

(10)Provision may be made by the Secretary of State by regulations with respect to appeals under this section and in particular—

(a)as to the period within which and the manner in which appeals are to be brought; and

(b)as to the manner in which appeals are to be considered.[^F53 and any such regulations may make different provision for different cases or different circumstances.^F53,F1]]

^F5416 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5517 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5618 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19 Obtaining of information from persons and authorities.

[^F1 (1)For the purposes of the discharge of his functions under this Part, the Secretary of State may, by notice in writing served on an enforcing authority, require the authority to furnish such information about the discharge of its functions as an enforcing authority under this Part as he may require.

(2)For the purposes of the discharge of their respective functions under this Part, the following authorities, that is to say—

(a)the Secretary of State,

(b)a local enforcing authority,

^F57 (c)the Environment Agency, and

(d)SEPA,

may, by notice in writing served on any person, require that person to furnish to the authority such information which the authority reasonably considers that it needs as is specified in the notice, in such form and within such period following service of the notice [^F58 , or at such time,^F58] as is so specified.

(3)For the purposes of this section the discharge by the Secretary of State of an obligation of the United Kingdom under ^F59... any international agreement relating to environmental protection shall be treated as a function of his under this Part.^F1]

Publicity

20 Public registers of information.

(1)It shall be the duty of each enforcing authority, as respects prescribed processes for which it is the enforcing authority, to maintain, in accordance with regulations made by the Secretary of State, a register containing prescribed particulars of or relating to—

(a)applications for authorisations made to that authority;

(b)the authorisations which have been granted by that authority or in respect of which the authority has functions under this Part;

(c)variation notices, enforcement notices and prohibition notices issued by that authority;

(d)revocations of authorisations effected by that authority;

(e)appeals under section 15 above;

(f)convictions for such offences under section 23(1) below as may be prescribed;

(g)information obtained or furnished in pursuance of the conditions of authorisations or under any provision of this Part;

(h)directions given to the authority under any provision of this Part by the Secretary of State; and

(i)such other matters relating to the carrying on of prescribed processes or any pollution of the environment caused thereby as may be prescribed;

but that duty is subject to sections 21 and 22 below.

(2)Subject to subsection (4) below, the register maintained by a local enforcing authority[^F60 in England and Wales^F60] shall also contain prescribed particulars of such information contained in any register maintained by [^F61the Environment Agency^F61] as relates to the carrying on in the area of the authority of prescribed processes in relation to which [^F61the Environment Agency^F61] has functions under this Part; and [^F61the Environment Agency^F61] shall furnish each authority with the particulars which are necessary to enable it to discharge its duty under this subsection.

^F62(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subsection (2) above does not apply to port health authorities but each local enforcing authority[^F63 in England and Wales^F63] whose area adjoins that of a port health authority shall include corresponding information in the register maintained by it; and [^F64the Environment Agency^F64] shall furnish each such local enforcing authority with the particulars which are necessary to enable it to discharge its duty under this subsection.

(5)Where information of any description is excluded from any register by virtue of section 22 below, a statement shall be entered in the register indicating the existence of information of that description.

(6)The Secretary of State may give to enforcing authorities directions requiring the removal from any register of theirs of any specified information not prescribed for inclusion under subsection (1) or (2) above or which, by virtue of section 21 or 22 below, ought to have been excluded from the register.

(7)It shall be the duty of each enforcing authority—

(a)to secure that the registers maintained by them under this section are available, at all reasonable times, for inspection by the public free of charge; and (b) to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges. [^F65and, for the purposes of this subsection, places may be prescribed by the Secretary of State at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question.^F65]

(8)Registers under this section may be kept in any form.

^F66(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this section “ prescribed ” means prescribed in regulations under this section.

21 Exclusion from registers of information affecting national security. _cross-notes

(1)No information shall be included in a register maintained under section 20 above if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or information of that description, would be contrary to the interests of national security.

(2)The Secretary of State may, for the purpose of securing the exclusion from registers of information to which subsection (1) above applies, give to enforcing authorities directions—

(a)specifying information, or descriptions of information, to be excluded from their registers; or

(b)specifying descriptions of information to be referred to the Secretary of State for his determination;

and no information referred to the Secretary of State in pursuance of paragraph (b) above shall be included in any such register until the Secretary of State determines that it should be so included.

(3)The enforcing authority shall notify the Secretary of State of any information it excludes from the register in pursuance of directions under subsection (2) above.

(4)A person may, as respects any information which appears to him to be information to which subsection (1) above may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so—

(a)he shall notify the enforcing authority that he has done so; and

(b)no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included.

22 Exclusion from registers of certain confidential information. _cross-notes

[^F1 (1)No information relating to the affairs of any individual or business shall be included in a register maintained under section 20 above, without the consent of that individual or the person for the time being carrying on that business, if and so long as the information—

(a)is, in relation to him, commercially confidential; and

(b)is not required to be included in the register in pursuance of directions under subsection (7) below;

but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by the enforcing authority or, on appeal, by the Secretary of State.

(2)Where information is furnished to an enforcing authority for the purpose of—

(a)an application for an authorisation or for the variation of an authorisation;

(b)complying with any condition of an authorisation; or

(c)complying with a notice under section 19(2) above;

then, if the person furnishing it applies to the authority to have the information excluded from the register on the ground that it is commercially confidential (as regards himself or another person), the authority shall determine whether the information is or is not commercially confidential.

(3)A determination under subsection (2) above must be made within the period of fourteen days beginning with the date of the application and if the enforcing authority fails to make a determination within that period it shall be treated as having determined that the information is commercially confidential.

(4)Where it appears to an enforcing authority that any information (other than information furnished in circumstances within subsection (2) above) which has been obtained by the authority under or by virtue of any provision of this Part might be commercially confidential, the authority shall—

(a)give to the person to whom or whose business it relates notice that that information is required to be included in the register unless excluded under this section; and

(b)give him a reasonable opportunity—

(i)of objecting to the inclusion of the information on the ground that it is commercially confidential; and

(ii)of making representations to the authority for the purpose of justifying any such objection;

and, if any representations are made, the enforcing authority shall, having taken the representations into account, determine whether the information is or is not commercially confidential.

(5)Where, under subsection (2) or (4) above, an authority determines that information is not commercially confidential—

(a)the information shall not be entered [^F67 in the register^F67] until the end of the period of twenty-one days beginning with the date on which the determination is notified to the person concerned;

(b)that person may appeal to the Secretary of State against the decision;

and, where an appeal is brought in respect of any information, the information shall not be entered [^F68 in the register until the end of the period of seven days following the day on which the appeal is finally determined or withdrawn^F68] .

^F69 (6)Subsections (5) and (10) of section 15 above shall apply in relation to an appeal under subsection (5) above as they apply in relation to an appeal under that section, but—

(a) subsection (5) of that section shall have effect for the purposes of this subsection with the substitution for the words from “(which may” onwards of the words “(which must be held in private)”; and

(b)subsection (5) above is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).

(7)The Secretary of State may give to the enforcing authorities directions as to specified information, or descriptions of information, which the public interest requires to be included in registers maintained under section 20 above notwithstanding that the information may be commercially confidential.

(8)Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this section at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded; but the person who furnished it may apply to the authority for the information to remain excluded from the register on the ground that it is still commercially confidential and the authority shall determine whether or not that is the case.

(9)Subsections (5) and (6) above shall apply in relation to a determination under subsection (8) above as they apply in relation to a determination under subsection (2) or (4) above.

(10)The Secretary of State may, by order, substitute for the period for the time being specified in subsection (3) above such other period as he considers appropriate.

(11)Information is, for the purposes of any determination under this section, commercially confidential, in relation to any individual or person, if its being contained in the register would prejudice to an unreasonable degree the commercial interests of that individual or person.^F1]

Provisions as to offences

23 Offences. _E1

(1)It is an offence for a person—

(a)to contravene section 6(1) above;

(b)to fail to give the notice required by section 9(2) above;

(c)to fail to comply with or contravene any requirement or prohibition imposed by an enforcement notice or a prohibition notice;

^F70(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F70(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F70(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)to fail, without reasonable excuse, to comply with any requirement imposed by a notice under section 19(2) above;

(h)to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—

(i)in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part; or

(ii)for the purpose of obtaining the grant of an authorisation to himself or any other person or the variation of an authorisation;

(i)intentionally to make a false entry in any record required to be kept under section 7 above;

(j)with intent to deceive, to forge or use a document issued or authorised to be issued under section 7 above or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be likely to deceive;

^F70(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)to fail to comply with an order made by a court under section 26 below.

(2)A person guilty of an offence under paragraph (a), (c) or (l) of subsection (1) above shall be liable:

(a)on summary conviction, to [^F71a fine^F71][^F72 or to imprisonment for a term not exceeding three months, or to both^F72] ;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

(3)A person guilty of an offence under paragraph (b), (g), (h), (i) or (j) of subsection (1) above shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

^F73(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F74(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23 Offences. _E43

(1)It is an offence for a person—

(a)to contravene section 6(1) above;

(b)to fail to give the notice required by section 9(2) above;

(c)to fail to comply with or contravene any requirement or prohibition imposed by an enforcement notice or a prohibition notice;

^F70(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F70(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F70(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)to fail, without reasonable excuse, to comply with any requirement imposed by a notice under section 19(2) above;

(h)to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—

(i)in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part; or

(ii)for the purpose of obtaining the grant of an authorisation to himself or any other person or the variation of an authorisation;

(i)intentionally to make a false entry in any record required to be kept under section 7 above;

(j)with intent to deceive, to forge or use a document issued or authorised to be issued under section 7 above or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be likely to deceive;

^F70(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)to fail to comply with an order made by a court under section 26 below.

(2)A person guilty of an offence under paragraph (a), (c) or (l) of subsection (1) above shall be liable:

(a)on summary conviction, to a fine not exceeding [^F1031£40,000^F1031][^F72 or to imprisonment for a term not exceeding three months, or to both^F72] ;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

(3)A person guilty of an offence under paragraph (b), (g), (h), (i) or (j) of subsection (1) above shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

^F73(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F74(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24 Enforcement by High Court.

[^F1 If the enforcing authority is of the opinion that proceedings for an offence under section 23(1)(c) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice or a prohibition notice, the authority may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction for the purpose of securing compliance with the notice.^F1]

25 Onus of proof as regards techniques and evidence.

[^F1 (1)In any proceedings for an offence under section 23(1)(a) above consisting in a failure to comply with the general condition implied in every authorisation by section 7(4) above, it shall be for the accused to prove that there was no better available technique not entailing excessive cost than was in fact used to satisfy the condition.

(2)Where—

(a)an entry is required under section 7 above to be made in any record as to the observance of any condition of an authorisation; and

(b)the entry has not been made;

^F75 (3)Subsection (2) above shall not have effect in relation to any entry required to be made in any record by virtue of a condition of a relevant licence, within the meaning of section 111 of the Environment Act 1995 (which makes corresponding provision in relation to such licences).^F1]

26 Power of court to order cause of offence to be remedied.

[^F1 (1)Where a person is convicted of an offence under section 23(1)(a) or (c) above in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters.

(2)The time fixed by an order under subsection (1) above may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or as extended under this subsection, as the case may be.

(3)Where a person is ordered under subsection (1) above to remedy any matters, that person shall not be liable under section 23 above in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under subsection (2) above.^F1]

27 Power of chief inspector to remedy harm.

[^F1 (1)Where the commission of an offence under section 23(1)(a) or (c) above causes any harm which it is possible to remedy, [^F76 the appropriate Agency^F76] may, subject to subsection (2) below—

(a)arrange for any reasonable steps to be taken towards remedying the harm; and

(b)recover the cost of taking those steps from any person convicted of that offence.

(2)[^F77 The Environment Agency or SEPA, as the case may be, shall not exercise its^F77] powers under this section except with the approval in writing of the Secretary of State and, where any of the steps are to be taken on or will affect land in the occupation of any person other than the person on whose land the prescribed process is being carried on, with the permission of that person.^F1]

Authorisations and other statutory controls

28 Authorisations and other statutory controls. _E2

(1)^F78No condition shall at any time be attached to an authorisation so as to regulate the final disposal by deposit in or on land of controlled waste (within the meaning of Part II), nor shall any condition apply to such a disposal; . . .

(2)Where any of the activities comprising a prescribed process are regulated both by an authorisation granted by the enforcing authority under this Part and by [^F79an environmental permit granted under [^F80 the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154)^F80] in relation to a radioactive substances activity within the meaning of those Regulations^F79] , then, if different obligations are imposed as respects the same matter by a condition attached to the authorisation under this Part and a condition attached to the [^F81environmental permit^F81] , the condition imposed by the authorisation under this Part shall be treated as not binding the person carrying on the process.

^F82(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F82(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28 Authorisations and other statutory controls. _E44

(1)^F78No condition shall at any time be attached to an authorisation so as to regulate the final disposal by deposit in or on land of controlled waste (within the meaning of Part II), nor shall any condition apply to such a disposal; . . .

(2)Where any of the activities comprising a prescribed process are regulated both by an authorisation granted by the enforcing authority under this Part and by a registration or authorisation under the ^M131[^F1032Radioactive Substances Act 1993^F1032] , then, if different obligations are imposed as respects the same matter by a condition attached to the authorisation under this Part and a condition attached to the registration or authorisation under that Act, the condition imposed by the authorisation under this Part shall be treated as not binding the person carrying on the process.

^F82(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F82(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II Waste on Land _{cross-notes I1}

Preliminary

29 Preliminary. _I2

(1)The following provisions have effect for the interpretation of this Part.

[^F83 (1A) “ Appropriate person ” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the National Assembly for Wales.^F83]

(2) The “environment” consists of all, or any, of the following media, namely land, water and the air.

(3) “ Pollution of the environment ” means pollution of the environment due to the release or escape (into any environmental medium) from—

(a)the land on which controlled waste [^F84or extractive waste^F84] is treated,

(b)the land on which controlled waste [^F84or extractive waste^F84] is kept,

(c)the land in or on which controlled waste [^F84or extractive waste^F84] is deposited,

(d)fixed plant by means of which controlled waste [^F84or extractive waste^F84] is treated, kept or disposed of,

of substances or articles constituting or resulting from the waste and capable (by reason of the quantity or concentrations involved) of causing harm to man or any other living organisms supported by the environment.

(4)Subsection (3) above applies in relation to mobile plant by means of which controlled waste [^F85or extractive waste^F85] is treated or disposed of as it applies to plant on land by means of which controlled waste [^F85or extractive waste^F85] is treated or disposed of.

(5) For the purposes of subsections (3) and (4) above “ harm ” means harm to the health of living organisms or other interference with the ecological systems of which they form part and in the case of man includes offence to any of his senses or harm to his property; and “ harmless ” has a corresponding meaning.

[^F86 (5A)In relation to controlled waste—

(a)a reference to the management of such waste is a reference to the collection, transport, recovery and disposal of such waste and includes—

(i)the supervision of such operations;

(ii)the after-care of disposal sites; and

(iii)actions taken as a broker or dealer;

(b) “collection” means the gathering of such waste, including the preliminary sorting and preliminary storage of such waste for the purposes of transport to a waste treatment facility; and

[^F87 (ba) “separate collection” means that waste is presented for collection, and collected, in a manner that ensures that—

(i)dry recyclable waste is kept separate from other waste;

(ii)waste from one dry waste stream is kept separate from waste in another such stream; and

(iii)food waste is kept separate from other waste;^F87]

(c) “recovery” refers to any of the operations listed in Part III of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011 , and any other operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in a plant or in the wider economy,

and cognate expressions shall be construed accordingly.^F86]

(6) The “disposal” of waste [^F88 includes its disposal by way of deposit in or on land ^F88][^F88 has the meaning given by regulation 2(1) of the Waste Management Licensing (Scotland) Regulations 2011 ^F88] and, subject to subsection (7) below, waste is “treated” when it is subjected to any process, including making it re-usable or reclaiming substances from it and “recycle” (and cognate expressions) shall be construed accordingly.

(7)Regulations made by the Secretary of State may prescribe activities as activities which constitute the treatment of waste for the purposes of this Part or any provision of this Part prescribed in the regulations.

(8) “ Land ” includes land covered by waters where the land is above the low water mark of ordinary spring tides and references to land on which controlled waste [^F89 or extractive waste ^F89] is treated, kept or deposited are references to the surface of the land (including any structure set into the surface).

(9) “ Mobile plant ” means, [^F90 subject to subsection (10) below, ^F90] plant which is designed to move or be moved whether on roads or other land.

(10)[^F91 Regulations made by the Secretary of State may prescribe descriptions of plant which are to be treated as being, or as not being, mobile plant for the purposes of this Part.^F91]

(11) “ Substance ” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour.

[[^F92,F93 (12) “ The Environmental Permitting Regulations ” means [^F94 the Environmental Permitting (England and Wales) Regulations 2016 ( S.I. 2016/1154 ) ^F94] . ^F93]

(13)The following expressions have the same meaning as in [^F95 the Environmental Permitting Regulations^F95] —

• “environmental permit”;

• “exempt waste operation”;

• [^F96 “extractive waste”;

• “mining waste operation”;

• “the Mining Waste Directive”;

• “waste operation”. ^F96,F92]]

30 Authorities for purposes of this Part. _I3

^F97 (1)Any reference in this Part to a waste regulation authority—

(a)in relation to England ^F98..., is a reference to the Environment Agency; ^F98...

[^F99 (aa)in relation to Wales, is a reference to the Natural Resources Body for Wales; and^F99]

(b)in relation to Scotland, is a reference to the Scottish Environment Protection Agency;

and any reference in this Part to the area of a waste regulation authority shall accordingly be taken as a reference to the area over which the Environment Agency [^F100 , the Natural Resources Body for Wales^F100] or the Scottish Environment Protection Agency, as the case may be, exercises its functions or, in the case of any particular function, the function in question.

(2)For the purposes of this Part the following authorities are waste disposal authorities, namely—

(a)for any non-metropolitan county in England, the county council;

(b)in Greater London, the following—

(i)for the area of a London waste disposal authority, the authority constituted as the waste disposal authority for that area;

(ii)for the City of London, the Common Council;

(iii)for any other London borough, the council of the borough;

(c)in the metropolitan county of Greater Manchester, the following—

(i)for the metropolitan district of Wigan, the district council;

(ii)for all other areas in the county, the authority constituted as the Greater Manchester Waste Disposal Authority;

(d)for the metropolitan county of Merseyside, the authority constituted as the Merseyside Waste Disposal Authority;

(e)for any district in any other metropolitan county in England, the council of the district;

^F101 (f)for any county or county borough in Wales, the council of the county or county borough;

(g)in Scotland, [^F102a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994^F102] .

(3)For the purposes of this Part the following authorities are waste collection authorities—

(a)^F103for any district in England . . . not within Greater London, the council of the district;

(b)in Greater London, the following—

(i)for any London borough, the council of the borough;

(ii)for the City of London, the Common Council;

(iii)for the Temples, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple respectively;

^F104 (bb)for any county or county borough in Wales, the council of the county or county borough;

(c)in Scotland, [^F105a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994^F105] .

(4)^{F106,M8,M9,F107}In this section references to particular authorities having been constituted as waste disposal . . . are references to their having been so constituted by the Waste Regulation and Disposal (Authorities) Order 1985 made by the Secretary of State under section 10 of the Local Government Act 1985 and the reference to London waste disposal authorities is a reference to the authorities named in Parts I, II, III, IV and V of Schedule 1 to that Order and this section has effect subject to any order made under the said section 10 . . ..

[^F108 (4A)In this Part—

• “ English waste collection authority ” means a waste collection authority whose area is in England;

• “ English waste disposal authority ” means a waste disposal authority whose area is in England. ^F108]

(5) [^F109 In this Part “ waste disposal contractor ” means a person who in the course of a business collects, keeps, treats or disposes of waste, being either—

(a)a company formed for all or any of those purposes by a waste disposal authority whether in pursuance of section 32 below or otherwise; or

(b)either a company formed for all or any of those purposes by other persons or a partnership or an individual;

and “ company ” [^F110 means a company as defined in section 1(1) of the Companies Act 2006 ^F110] and “ formed ”, in relation to a company formed by other persons, includes the [^F111 alteration of the company's articles so as to add, remove or alter a statement of the company's objects ^F111] . ^F109]

^F112(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F112(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F112(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F11331 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32 Transition to waste disposal companies etc.

^F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibition on unauthorised or harmful depositing, treatment or disposal of waste

33 Prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste. _{cross-notes I4E3}

(1)Subject to [^F115subsections (1A), (1B), (2) and (3) below^F115] and, in relation to Scotland, to section 54 below, a person shall not—

(a)deposit controlled waste [^F116or extractive waste^F116] , or knowingly cause or knowingly permit controlled waste [^F116or extractive waste^F116] to be deposited in or on any land unless [^F117an environmental permit^F117] authorising the deposit is in force and the deposit is in accordance with the licence;

[^F118 (b)submit controlled waste, or knowingly cause or knowingly permit controlled waste to be submitted, to any listed operation (other than an operation within subsection (1)(a)) that—

(i)is carried out in or on any land, or by means of any mobile plant, and

(ii)is not carried out under and in accordance with an environmental permit.^F118]

(c)treat, keep or dispose of controlled waste [^F119or extractive waste^F119] in a manner likely to cause pollution of the environment or harm to human health.

[^F120 (1A)Paragraphs (a) and (b) of subsection (1) above do not apply in relation to a waste operation that is an exempt waste operation.

[^F121 (1B)Subsection (1) does not apply in relation to any part of a waste operation that—

(a)is the subject of a marine licence under the Marine and Coastal Access Act 2009; or

(b)does not require such a licence by virtue of any provision made by or under section 74, 75 or 77 of that Act and does not involve the dismantling of a ship that is waste.^F121,F120]]

[^F122 (2)Subject to subsection (2A) below, paragraphs (a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the property.

(2A)Subsection (2) above does not apply to the treatment, keeping or disposal of household waste by an establishment or undertaking.^F122]

(3)Subsection (1)(a), (b) or (c) above do not apply in cases prescribed in regulations made by the Secretary of State and the regulations may make different exceptions for different areas.

(4)The Secretary of State, in exercising his power under subsection (3) above, shall have regard in particular to the expediency of excluding from [^F123the prohibitions in subsection (1)^F123] —

(a)any deposits which are small enough or of such a temporary nature that they may be so excluded;

(b)any means of treatment or disposal which are innocuous enough to be so excluded;

(c)cases for which adequate controls are provided by another enactment than this section.

(5)Where controlled waste is carried in and deposited from a motor vehicle, the person who controls or is in a position to control the use of the vehicle shall, for the purposes of subsection (1)(a) above, be treated as knowingly causing the waste to be deposited whether or not he gave any instructions for this to be done.

(6)^F124A person who contravenes subsection (1) above . . . commits an offence.

(7)It shall be a defence for a person charged with an offence under this section to prove—

(a)that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or

(b)^F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F126 (c)that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to human health in a case where—

(i)he took all such steps as were reasonably practicable in the circumstances for minimising pollution of the environment and harm to human health; and

(ii)particulars of the acts were furnished to the waste regulation authority as soon as reasonably practicable after they were done.

[^F127 (8)A person who commits an offence under this section is liable—

(a)[^F128 Subject to subsection (9) below,^F128] on summary conviction, to imprisonment for a term not exceeding [^F129 the general limit in a magistrates’ court^F129] or [^F130 a fine^F130] or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.^F127]

^F131[^F132 (9)A person (other than an establishment or undertaking) who commits a relevant offence shall be liable [^F133 on summary conviction, or on conviction on indictment, to a fine^F133] .

(10) In this section, “ relevant offence ” means an offence under this section in respect of a contravention of subsection (1)(c) above consisting of the treatment, keeping or disposal within the curtillage of a domestic property of household waste from that property. ^F132]

(11)For the purposes of subsection (1)(a) above, the deposit of waste in or on land includes any listed operation involving such a deposit.

(12)For the purposes of subsection (1)(c) above, treating, keeping or disposing of controlled waste includes submitting it to any listed operation.

(13) For the purposes of this section, a “listed operation” is an operation listed in Annex I or II of [^F134 the Waste Framework Directive ^F134] .

33 Prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste. _{cross-notes I95E45}

(1)^F1034Subject to subsection (2) [^F1033, (2B)^F1033] and (3) below ... a person shall not—

(a)deposit controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless a waste management licence authorising the deposit is in force and the deposit is in accordance with the licence;

(b)treat, keep or dispose of controlled waste, or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of—

(i)in or on any land, or

(ii)by means of any mobile plant,

except under and in accordance with a waste management licence;

(c)[^F1035 keep or manage^F1035] controlled waste in a manner likely to cause pollution of the environment or harm to human health.

[^F1036 (2)Subject to subsection (2A) below, paragraphs (a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the dwelling.

(2A)Subsection (2) above does not extend to the treatment, keeping or disposal of household waste by an establishment or undertaking.^F1036]

[^F1037 (2B) Paragraphs (a) and (b) of subsection (1) above do not apply to the deposit or keeping of a waste portable battery or accumulator at a collection point set up to comply with Article 8(1)(a) of Directive 2006/66/ EC of the European Parliament and of the Council on batteries and accumulators [^F1038 as last amended by Directive (EU) 2018/849 of the European Parliament and of the Council ^F1038] (in this section, “the Batteries Directive”).

(2C) In subsection (2B) above, “ portable battery or accumulator ” has the meaning given by Article 3(3) of the Batteries Directive, but does not include any battery or accumulator excluded from the scope of that Directive by Article 2(2). ^F1037]

[^F1039 (2D) When interpreting the Batteries Directive for the purposes of this section, Article 2(2) is to be read as though for the words “Member States'” there were substituted “the United Kingdom's”. ^F1039]

(3)Subsection (1)(a), (b) or (c) above do not apply in cases prescribed in regulations made by the Secretary of State and the regulations may make different exceptions for different areas.

(4)The Secretary of State, in exercising his power under subsection (3) above, shall have regard in particular to the expediency of excluding from the controls imposed by waste management licences—

(a)any deposits which are small enough or of such a temporary nature that they may be so excluded;

(b)any means of treatment or disposal which are innocuous enough to be so excluded;

(c)cases for which adequate controls are provided by another enactment than this section.

(5)Where controlled waste is carried in and deposited from a motor vehicle, the person who controls or is in a position to control the use of the vehicle shall, for the purposes of subsection (1)(a) above, be treated as knowingly causing the waste to be deposited whether or not he gave any instructions for this to be done.

(6)A person who contravenes subsection (1) above or any condition of a waste management licence commits an offence.

(7)It shall be a defence for a person charged with an offence under this section to prove—

(a)that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or

(b)that he acted under instructions from his employer and neither knew nor had reason to suppose that the acts done by him constituted a contravention of subsection (1) above; or

^F1040 (c)that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to human health in a case where—

(i)he took all such steps as were reasonably practicable in the circumstances for minimising pollution of the environment and harm to human health; and

(ii)particulars of the acts were furnished to the waste regulation authority as soon as reasonably practicable after they were done.

(8)Except in a case falling within subsection (9) [^F1041or (10)^F1041] below, a person who commits an offence under this section shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding [^F1042£40,000^F1042] or both; and

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

(9)A person who commits an offence under this section in relation to special waste [^F1043(other than household waste of the description specified in subsection (10) below)^F1043] shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding [^F1042£40,000^F1042] or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.

[^F1044 (10)A person who commits an offence under subsection (1)(c) above in relation to household waste from a domestic property within the curtilage of the dwelling shall be liable–

(a)on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.^F1044]

[^F1045 (11) In subsection (4)(c) above, “ enactment ” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament. ^F1045]

[^F13533ZA Fixed penalty notices for contravention of section 33(1)(a): England

(1)Where an authorised officer of an English waste collection authority has reason to believe that a person has committed a waste deposit offence in the area of the authority, the officer may give the person a notice under this section in respect of the offence.

(2) In subsection (1), “waste deposit offence” means an offence under section 33 in respect of a contravention of subsection (1)(a) of that section.

(3)A notice under this section is a notice offering the opportunity of discharging any liability to conviction for the offence to which it relates by payment of a fixed penalty.

(4)Where a person is given a notice under this section in respect of an offence—

(a)no proceedings may be instituted for the offence before the end of the period of 14 days following the date of the notice; and

(b)the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(5)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence and must state—

(a)the period during which, by virtue of subsection (4)(a), proceedings will not be taken for the offence;

(b)the amount of the fixed penalty; and

(c)the person to whom and the address at which the fixed penalty may be paid.

(6)If an authorised officer proposes to give a person a notice under this section, the officer may require the person to give the person’s name and address.

(7)It is an offence to—

(a)fail to give a name or address when required to do so under subsection (6), or

(b)give a false or inaccurate name or address in response to a requirement under that subsection.

(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9)The fixed penalty payable in pursuance of a notice under this section—

(a)is an amount not less than £150 and not more than [^F136 £1000^F136] , as specified by the English waste collection authority whose authorised officer gave the notice, or

(b)if no amount is specified by that authority, is £200.

(10)An English waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section may make provision for treating the fixed penalty as having been paid if a lesser amount of not less than £120 is paid before the end of [^F137 a period specified by the authority.^F137]

[^F138 (10A)The Secretary of State may by regulations substitute different amounts for the amounts for the time being specified in subsections (9) and (10).^F138]

(11)In any proceedings a certificate which—

(a)purports to be signed by or on behalf of the chief finance officer of an English waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section, and

(b)states that the payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(12)In this section—

• “authorised officer”, in relation to an English waste collection authority, means—

  (a)

  an employee of the authority who is authorised in writing by the authority for the purposes of giving notices under this section;

  (b)

  a person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function;

  (c)

  an employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;

• “chief finance officer”, in relation to an English waste collection authority, means the person having responsibility for the financial affairs of the authority;

• ^F139 ...^F135]

[^F14033ZB Fixed penalty notices for contravention of section 33(1)(a): Wales

(1)Where an authorised officer of a Welsh waste collection authority has reason to believe that a person has committed a waste deposit offence in the area of the authority, the officer may give the person a notice under this section in respect of the offence.

(2) In subsection (1), “waste deposit offence” means an offence under section 33 in respect of a contravention of subsection (1)(a) of that section.

(3)A notice under this section is a notice offering the opportunity of discharging any liability to conviction for the offence to which it relates by payment of a fixed penalty.

(4)Where a person is given a notice under this section in respect of an offence—

(a)no proceedings may be instituted for the offence before the end of the period of 14 days following the date of the notice, and

(b)the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(5)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence and must state—

(a)the period during which, by virtue of subsection (4)(a), proceedings will not be taken for the offence,

(b)the amount of the fixed penalty, and

(c)the person to whom and the address at which the fixed penalty may be paid.

(6)If an authorised officer proposes to give a person a notice under this section, the officer may require the person to give the person’s name and address.

(7)It is an offence to—

(a)fail to give a name or address when required to do so under subsection (6), or

(b)give a false or inaccurate name or address in response to a requirement under that subsection.

(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9)The fixed penalty payable in pursuance of a notice under this section—

(a)is an amount not less than £150 and not more than £400, as specified by the Welsh waste collection authority whose authorised officer gave the notice, or

(b)if no amount is specified by that authority, is £200.

(10)A Welsh waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section may make provision for treating the fixed penalty as having been paid if a lesser amount of not less than £120 is paid before the end of the period of 10 days following the date of the notice.

(11)In any proceedings, a certificate which—

(a)purports to be signed by or on behalf of the chief finance officer of a Welsh waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section, and

(b)states that the payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(12)In this section—

• “authorised officer” in relation to a Welsh waste collection authority, means—

  (a)

  an employee of the authority who is authorised in writing by the authority for the purposes of giving notices under this section;

  (b)

  a person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function;

  (c)

  an employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;

• “chief finance officer”, in relation to a Welsh waste collection authority, means the person having responsibility for the financial affairs of the authority;

• “Welsh waste collection authority” means a waste collection authority whose area is in Wales. ^F140]

[^F14133A Section 33 offences: investigation and enforcement costs _cross-notes

[^F142 (1)This section applies where a person is convicted of an offence—

(a)under section 33 above, in respect of a contravention of subsection (1) of that section;

(b)under [^F143 regulation 38(1) of the Environmental Permitting Regulations^F143] , in respect of a waste operation[^F144 or a mining waste operation^F144] .^F142]

(2)The court by or before which the offender is convicted may make an order requiring him to pay to an enforcement authority a sum which appears to the court not to exceed the costs arising from—

(a)investigations of the enforcement authority which resulted in the conviction; and

(b)the seizure by the enforcement authority under section 34B below of a vehicle involved in the offence.

(3)The costs arising from the seizure of a vehicle as specified in subsection (2)(b) above may include the cost of disposing of the contents of the vehicle.

(4)The power of a court to make an order under this section is in addition to its power to make an order under section 18 of the Prosecution of Offences Act 1985 (award of costs against accused).

(5) In this section “ enforcement authority ” means the Environment Agency [^F145 , the Natural Resources Body for Wales ^F145] or a waste collection authority. ^F141]

[^F104633A Fixed penalty notices for contraventions of section 33(1)(a) and (c): Scotland _cross-notes

(1)Where—

(a)an _dfnauthorised [^F1047 person or a constable^F1047] has reason to believe that a person has committed a relevant offence ^F1048 ...

(b)^F1048 ...

he may give that person a notice under this section in respect of the offence.

(2) In subsection (1) above, “ relevant offence ” means an offence under section 33 above in respect of a contravention of subsection (1)(a) or (c) of that section.

(3)A notice under this section is a notice offering the opportunity, by paying a fixed penalty, of discharging any liability to conviction for the offence to which it relates.

(4)Where—

(a)a constable; ^F1049...

^F1049. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

gives a notice under this section to a person, he shall, no later than 24 hours after the giving of the notice, send a copy of it to the local authority in whose area the offence was committed.

(5)Where a person is given a notice under this section in respect of an offence—

(a)no proceedings shall be instituted for that offence before the expiration of fourteen days following the date of the notice; and

(b)he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.

(6)A notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence and shall state—

(a)the period during which, by virtue of subsection (5)(a) above, proceedings will not be taken for the offence;

(b)the amount of the fixed penalty; and

(c)the person to whom and the address at which the fixed penalty may be paid;

and 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).

(7)Where a letter is sent in accordance with subsection (6) above payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(8)The form of notices under this section shall be such as the Scottish Ministers may by order prescribe.

[^F1050 (8A)If an authorised person proposes to give a person a notice under this section, the authorised person may require the person to give him his name and address.^F1050]

[^F1050 (8B)A person commits an offence if he fails to give his name and address when required to do so under subsection (8A) above.^F1050]

[^F1050 (8C)A person who commits an offence under subsection (8B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.^F1050]

(9)The fixed penalty payable in pursuance of a notice under this section shall, subject to subsection (10) below, be [^F1051 £500^F1051] .

(10)The Scottish Ministers may by order—

[^F1052 (a)^F1052] substitute a different amount (not exceeding [^F1053 level 3^F1053] on the standard scale) for the amount for the time being specified as the amount of the fixed penalty in subsection (9) above.

[^F1054 (b)substitute different amounts (not exceeding level 3 on the standard scale) in relation to different cases or descriptions of case.^F1054]

(11)In any proceedings a certificate which—

(a)purports to be signed by or on behalf of [^F1055 a proper officer ^F1055] ; and

(b)states that the payment of a fixed penalty was or was not received by a date specified in the certificate,

shall be evidence of the facts stated.

[^F1056 (11A) In subsection (11) above, “ proper officer ” means—

(a) in a case where a notice under this section is given by an officer of a local authority authorised as mentioned in paragraph (a) of the definition of “authorised person” in subsection (13) below, the officer who has, as respects the authority, the responsibility mentioned in section 95 of the Local Government (Scotland) Act 1973 (financial administration) ;

(b)in a case where a notice under this section is given by an officer of Loch Lomond and The Trossachs National Park Authority authorised as mentioned in paragraph (b) of that definition, the proper officer for that Authority appointed under paragraph 12(3) of schedule 2 to the National Parks (Scotland) Act 2000.^F1056]

(12)A fixed penalty payable in pursuance of a notice under this section shall be payable—

(a)[^F1057 in a case such as is mentioned in paragraph (a) of subsection (11A) above,^F1057] to the local authority in whose area the offence was committed; and as respects the sums received by a local authority, those sums shall [^F1058 accrue to that authority^F1058] .

[^F1059 (b)in a case such as is mentioned in paragraph (b) of that subsection, to Loch Lomond and The Trossachs National Park Authority; and as respects the sums received by that Authority, those sums shall accrue to that Authority.^F1059]

(13)In this section—

• [^F1060 “authorised person ” means

  (a)

  an officer of a local authority who is authorised in writing by the authority for the purpose of issuing notices under this section in relation to a relevant offence committed in the area of the authority;

  (b)

  an officer of Loch Lomond and The Trossachs National Park Authority who is authorised in writing by the Authority for the purpose of issuing notices under this section in relation to a relevant offence committed in the area designated as the National Park for which the Authority is established; or

  (c)

  such other persons as may be specified by order made by the Scottish Ministers.^F1060]

• “ local authority ” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39); and “ area ”, in relation to a local authority, means the local government area (within the meaning of that Act) for which the council is constituted;

• ^F1061 ...

[^F1062 (13A) The Scottish Ministers may by order make such modifications of this section as they consider necessary or expedient in connection with the specification of a person by an order under paragraph (c) of the definition of “authorised person” in subsection (13) above.

[^F1062 (13B)An order under subsection (13A) above may include provision—

(a)applying any provision of this section to such a person with such modifications as may be specified in the order;

(b)for any such provision not to apply in relation to such a person.^{F1062,F1062,F1046}]]]

[^F14633B Section 33 offences: clean-up costs _cross-notes

[^F147 (1)This section applies where a person is convicted of an offence—

(a)under section 33 above, in respect of a contravention of subsection (1) of that section consisting of the deposit or disposal of controlled waste [^F148 or extractive waste^F148] ;

(b)under [^F149 regulation 38(1) of the Environmental Permitting Regulations^F149] , in respect of a contravention of regulation 12 of those Regulations consisting of the disposal of waste.^F147]

(2)The reference in [^F150 section 133(a) of the Sentencing Code^F150] (compensation orders) to loss or damage resulting from the offence includes costs incurred or to be incurred by a relevant person in—

(a)removing the waste deposited or disposed of in or on the land;

(b)taking other steps to eliminate or reduce the consequences of the deposit or disposal; or

(c)both.

(3) In subsection (2) above “ relevant person ” means—

(a)the Environment Agency;

[^F151 (aa)the Natural Resources Body for Wales;^F151]

(b)a waste collection authority;

(c)the occupier of the land;

(d)the owner of the land (within the meaning of section 78A(9) below).

(4)The reference in subsection (2) above to costs incurred does not, in the case of the Environment Agency [^F152 , the Natural Resources Body for Wales^F152] or a waste collection authority, include any costs which the Agency [^F153 , Body^F153] or authority has already recovered under section 59(8) below.

(5)[^F154 Subject to subsection (6) below,^F154] in relation to the costs referred to in subsection (2) above, [^F155 a reference in section 139(2) or (3) of the Sentencing Code^F155] (limit on amount payable) to £5000 is instead to be construed as a reference to the amount of those costs (or, if the costs have not yet been incurred, the likely amount).

[^F156 (6)Subsection (5) above does not apply where a person (other than an establishment or undertaking) is convicted of a relevant offence within the meaning of section 33 above.^F156,F146]]

[^F15733C Section 33 offences: forfeiture of vehicles _cross-notes

[^F158 (1)This section applies where—

(a)subject to subsection (1A) below, a person is convicted of an offence under section 33 above in respect of a contravention of subsection (1) of that section consisting of the deposit or disposal of controlled waste;

(b)a person is convicted of an offence under [^F159 regulation 38(1) of the Environmental Permitting Regulations^F159] in respect of a contravention of regulation 12 of those Regulations consisting of the disposal of waste.^F158]

[^F160 (1A)This section does not apply where a person (other than an establishment or undertaking) is convicted of a relevant offence within the meaning of section 33 above.^F160]

(2)The court by or before which the offender is convicted may make an order under this section if—

(a)the court is satisfied that a vehicle was used in or for the purposes of the commission of the offence; and

(b)at the time of his conviction the offender has rights in the vehicle.

(3)An order under this section operates to deprive the offender of his rights in the vehicle (including its fuel) at the time of his conviction and to vest those rights in the relevant enforcement authority.

(4)In a case where a vehicle has been seized under section 34B below and the offender retains rights in any of the vehicle's contents, an order under this section may, if and to the extent that it so specifies, deprive the offender of those rights and vest them in the relevant enforcement authority.

(5)Where an order under this section is made, the relevant enforcement authority may take possession of the vehicle (if it has not already done so under section 34C below).

(6)The court may make an order under this section whether or not it also deals with the offender in any other way in respect of the offence of which he is convicted.

(7)In considering whether to make an order under this section a court must in particular have regard to—

(a)the value of the vehicle;

(b)the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making);

(c)the offender's need to use the vehicle for lawful purposes;

(d)whether, in a case where it appears to the court that the offender is engaged in a business which consists wholly or partly in activities which are unlawful by virtue of section 33 above, [^F161 or [^F162 regulation 38(1) or (2) of the Environmental Permitting Regulations^F162] ,^F161] the making of the order is likely to inhibit the offender from engaging in further such activities.

(8)[^F163 Section 153 of the Sentencing Code^F163] (power to deprive offender of property) does not apply in any case where this section applies.

(9)For the purposes of this section, where a vehicle or its contents have been seized under section 34B below in connection with the offence referred to in subsection (1) above, any transfer by the offender after the seizure and before his conviction of any of his rights in the vehicle or its contents is of no effect.

(10)In this section—

• “ relevant enforcement authority ” means—

  (a)

  the Environment Agency, where the proceedings in respect of the offence have been brought by or on behalf of the Agency,^F164...

  (aa)

  [^F165 the Natural Resources Body for Wales, where the proceedings in respect of the offence have been brought by or on behalf of that Body, or^F165]

  (b)

  in any other case, the waste collection authority in whose area the offence was committed;

• “ vehicle ” means any motor vehicle or trailer within the meaning of the Road Traffic Regulation Act 1984 or any mobile plant. ^F157]

Duty of care etc. as respects waste

34 Duty of care etc. as respects waste. _{cross-notes I5E4}

(1)Subject to subsection (2) below, it shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, [^F166as a dealer or broker^F166] , has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances—

(a)to prevent any contravention by any other person of section 33 above;

[^F167 (aa)to prevent any contravention by any other person of regulation 12 of [^F168 the Environmental Permitting Regulations^F168] or of a condition of an environmental permit;^F167]

(b)to prevent the escape of the waste from his control or that of any other person; and

(c)on the transfer of the waste, to secure—

(i)that the transfer is only to an authorised person or to a person for authorised transport purposes; and

(ii)that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that section [^F169or regulation 12 of [^F170 the Environmental Permitting Regulations^F170] , or a contravention of a condition of an environmental permit,^F169] and to comply with the duty under this subsection as respects the escape of waste.

[^F171 (1A)It shall be the duty of any person who is responsible for the management of extractive waste to take all such measures applicable to him in that capacity as are reasonable in the circumstances —

(a)to prevent any contravention by any other person of section 33 above;

(b)to prevent any contravention by another person of regulation 12 of [^F172 the Environmental Permitting Regulations^F172] or of a condition of an environmental permit; and

(c)to prevent the escape of the waste from his control or that of any other person.^F171]

(2)The duty imposed by subsection (1) above does not apply to an occupier of domestic property as respects the household waste produced on the property.

[^F173 (2A)It shall be the duty of the occupier of any domestic property in England [^F174 or Wales^F174] to take all such measures available to him as are reasonable in the circumstances to secure that any transfer by him of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes.^F173]

(3)The following are authorised persons for the [^F175purposes of subsections (1)(c) and (2A)^F175] above—

(a)any authority which is a waste collection authority for the purposes of this Part;

(b)^M10any person who is the holder of a waste management licence under section 35 below or of a disposal licence under section 5 of the Control of Pollution Act 1974;

(c)any person to whom section 33(1) above does not apply by virtue of regulations under subsection (3) of that section [^F176or by virtue of regulations under section 2 of the Pollution Prevention and Control Act 1999^F176] ;

(d)^M11any person registered as a carrier of controlled waste under section 2 of the Control of Pollution (Amendment) Act 1989;

(e)any person who is not required to be so registered by virtue of regulations under section 1(3) of that Act; and

(f)a waste disposal authority in Scotland.

[^F177 (3A)The Secretary of State may by regulations amend subsection (3) above so as to add, whether generally or in such circumstances as may be prescribed in the regulations, any person specified in the regulations, or any description of person so specified, to the persons who are authorised persons for the purposes of [^F178 subsections (1)(c) and (2A)^F178] above.^F177]

(4)The following are authorised transport purposes for the purposes of [^F179subsections (1)(c) and (2A)^F179] above—

(a)the transport of controlled waste within the same premises between different places in those premises;

(b)the transport to a place in Great Britain of controlled waste which has been brought from a country or territory outside Great Britain not having been landed in Great Britain until it arrives at that place; and

(c)the transport by air or sea of controlled waste from a place in Great Britain to a place outside Great Britain;

and “ transport ” has the same meaning in this subsection as in the Control of Pollution (Amendment) Act 1989 .

[^F180 (4A)For the purposes of subsection (1)(c)(ii) above—

(a)a transfer of waste in stages shall be treated as taking place when the first stage of the transfer takes place, and

(b)a series of transfers between the same parties of waste of the same description shall be treated as a single transfer taking place when the first of the transfers in the series takes place.^F180]

(5)The Secretary of State may, by regulations, make provision imposing requirements on any person who is subject to the duty imposed by subsection (1) above as respects the making and retention of documents and the furnishing of documents or copies of documents.

(6)Any person who fails to comply with the duty imposed by subsection (1) [^F181, (1A)^F181][^F182 or (2A)^F182] above or with any requirement imposed under subsection (5) above shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine.

(7)The Secretary of State shall, after consultation with such persons or bodies as appear to him representative of the interests concerned, prepare and issue a code of practice for the purpose of providing to persons practical guidance on how to discharge the duty imposed on them by subsection (1) above.

(8)The Secretary of State may from time to time revise a code of practice issued under subsection (7) above by revoking, amending or adding to the provisions of the code.

(9)[^F183 A^F183] code of practice prepared in pursuance of subsection (7) above shall be laid

[^F184 (a)^F184] before both Houses of Parliament [^F185; or

(b)if it relates only to Scotland before the Scottish Parliament.^F185]

(10)A code of practice issued under subsection (7) above shall be admissible in evidence and if any provision of such a code appears to the court to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

(11)Different codes of practice may be prepared and issued under subsection (7) above for different areas.

34 Duty of care etc. as respects waste. _{cross-notes I5E46}

(1)Subject to [^F1063subsections (1A) and (2)^F1063] below, it shall be the duty of any person who imports, produces, [^F1064keeps or manages^F1064] controlled waste or, as a broker [^F1065or dealer^F1065] , has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances—

(a)to prevent any contravention by any other person of section 33 above;

[^F1066 (aa)to prevent a contravention by any other person of regulation 11 of the Pollution Prevention and Control (Scotland) Regulations 2012, or of a condition of a permit granted under those Regulations;^F1066]

[^F1067 (ab)to prevent any contravention by any other person of subsection (2A), (2E), (2F), (2I) or (2K);^F1067]

(b)^F1068to prevent the escape of the waste from his control or that of any other person; ...

[^F1069 (ba)on the transfer of any waste oil, to ensure that [^F1070 it is collected separately from other types of waste so as to facilitate a specific treatment,^F1070] [^F1071 unless doing so is not technically feasible, taking into account good practices^F1071] ; and^F1069]

(c)on the transfer of the waste, to secure—

(i)that the transfer is only to an authorised person or to a person for authorised transport purposes; and

(ii)that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that section [^F1072or any condition of a permit granted under regulation 7 of those Regulations^F1072] and to comply with the duty under this subsection as respects the escape of waste.

[^F1073 (1A)The duty imposed by subsection (1) does not apply to an occupier of domestic property as respects the household waste produced on the property.^F1073]

[[^F1074,F1075 (2)An occupier of domestic property–

(a)shall, as respects the household waste produced on the property, take reasonable steps to secure that any transfer of waste is only to an authorised person or to a person for authorised transport purposes; and

(b)shall not otherwise be subject to the duty imposed by subsection (1) above.^F1075,F1074]]

[^F1074 (2)An occupier of domestic property must, as respects the household waste produced on the property, take reasonable steps to secure that any transfer of waste is only to an authorised person or to a person for authorised transport purposes.^F1074]

[^F1076 (2A)It shall be the duty of any person who produces, keeps or manages controlled waste, or as a broker or dealer has control of such waste, to take all such measures available to that person as are reasonable in the circumstances to apply the waste hierarchy set out in Article 4(1) of the [^F1077 Waste Framework Directive^F1077] .

(2B)The duty in subsection (2A)—

(a)may be departed from where this is justified having regard to the overall impacts of the generation and management of such waste; and

(b)does not apply to an occupier of domestic property as respects the household waste produced on the property.

(2C)The Scottish Ministers may give guidance on the discharge of the duty in subsection (2A), including the circumstances in which that duty may be departed from under subsection (2B)(a).

(2D)A person seeking to discharge the duty in subsection (2A) must, in doing so, have regard to any guidance given under subsection (2C).^F1076]

[^F1078 (2E)It shall, from 1st January 2014, be the duty of any person who produces controlled waste (other than an occupier of domestic property as respects household waste produced on the property) to take all reasonable steps to ensure the separate collection of dry recyclable waste.

(2F)It shall, from 1st January 2014, be the duty of any person who controls or manages a food business that produces controlled waste to take all reasonable steps to ensure the separate collection of food waste produced by the business.

(2G)The duty in subsection (2F) does not apply to food waste—

(a)produced on premises in a rural area;

(b)produced in the period beginning on 1st January 2014 and ending on 31st December 2015—

(i)on premises in use as a hospital (as defined in section 108 of the National Health Service (Scotland) Act 1978); or

(ii)by a business that produces less than 50 kilograms of food waste a week;

(c)produced, on or after 1st January 2016, by a business that produces less than 5 kilograms of food waste a week;

(d)that includes catering waste that originates from means of transport operating internationally.

(2H)The duty in subsection (2F) may be departed from where food waste is mixed with other biodegradable waste to the extent that the mixed waste is presented for collection in a manner that ensures that the amount of food waste collected is not significantly less than would be the case were the wastes not mixed.

(2I)It shall be the duty of any person who transports controlled waste to collect and transport separately from other waste any waste presented—

(a)for collection in accordance with subsection (2E) or (2F);

(b)for collection in a receptacle provided under an arrangement made in accordance with section 45C(2) or (5).

(2J)The duties in subsection (2E) or (2I) may be departed from where dry recyclable waste is managed in such a manner as will ensure that—

[^F1079 (a)the output is of comparable quantity and quality to that achieved through separate collection, and^F1079]

(b)the waste is not mixed with other waste that cannot be recycled.

(2K)It shall, from 1st January 2016, be the duty of any person who produces food waste (other than an occupier of domestic property as respects household waste, or an occupier of property in a rural area as respects food waste, produced on such properties) to ensure that food waste is not deposited in a public drain or sewer, or in a drain or sewer that connects to a public drain or sewer.

(2L)It shall be the duty of any person who produces or manages controlled waste, or who as a broker or dealer has control of such waste, to take all reasonable steps to—

(a)ensure that the waste meets any quality standard for the management of material included in the waste;

(b)ensure that the waste is managed in a manner that promotes high quality recycling; and

(c)prevent any contravention by another person of this subsection.^F1078]

(3)The following are authorised persons for the purpose of subsection (1)(c) above—

(a)any authority which is a waste collection authority for the purposes of this Part;

(b)^F1080any person who is the holder of a waste management licence under section 35 below ...;

(c)any person to whom section 33(1) above does not apply by virtue of regulations under subsection (3) of that section;

(d)^M11any person registered as a carrier of controlled waste under section 2 of the Control of Pollution (Amendment) Act 1989;

(e)any person who is not required to be so registered by virtue of regulations under section 1(3) of that Act; and

(f)a waste disposal authority in Scotland.

[^F177 (3A)The Secretary of State may by regulations amend subsection (3) above so as to add, whether generally or in such circumstances as may be prescribed in the regulations, any person specified in the regulations, or any description of person so specified, to the persons who are authorised persons for the purposes of subsection (1)(c) above.^F177]

(4)The following are authorised transport purposes for the purposes of subsection (1)(c) above—

(a)the transport of controlled waste within the same premises between different places in those premises;

(b)the transport to a place in Great Britain of controlled waste which has been brought from a country or territory outside Great Britain not having been landed in Great Britain until it arrives at that place; and

(c)the transport by air or sea of controlled waste from a place in Great Britain to a place outside Great Britain;

and “ transport ” has the same meaning in this subsection as in the Control of Pollution (Amendment) Act 1989 .

[^F1081 (4A)For the purposes of subsection (1)(c)(ii) above—

(a)a transfer of waste in stages shall be treated as taking place when the first stage of the transfer takes place, and

(b)a series of transfers between the same parties of waste of the same description shall be treated as a single transfer taking place when the first of the transfers in the series takes place.^F1081]

[^F1082 (4AB)In subsection (1)(c), a reference to a written description of the waste includes a description that is—

(a)transmitted by electronic means;

(b)received in legible form; and

(c)capable of being used for subsequent reference.^F1082]

[^F1083 (4B)In this section—

• [^F1084 “business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 or any other public authority;

• “drain”, “public drain”, “public sewer” and “sewer” have the same meanings as in section 59 of the Sewerage (Scotland) Act 1968 ;

• “food business” means an undertaking, whether for profit or not, and whether public or private, carrying out any activity related to the processing, distribution, preparation or sale of food;

• “rural area” means a remote small town, accessible rural area or remote rural area as described by reference to postcode units in table 2 of “Defining Rural Areas and Non-Rural Areas to support Zero Waste Policies”, published by the Scottish Government on 13th March 2012; ^F1084]

• “waste oil” means any mineral or synthetic lubrication or industrial oil which has become unfit for the use for which it was originally intended, such as used combustion engine oil and gearbox oil, lubricating oil, oil for turbines and hydraulic oil. ^F1083]

(5)The Secretary of State may, by regulations, make provision imposing requirements on any person who is subject to [^F1085a duty imposed by subsection (1), (2E), (2F), (2I), (2K) or (2L)^F1085] above as respects the making and retention of documents and the furnishing of documents or copies of documents.

(6)Any person who fails [^F1086without reasonable excuse^F1086] to comply with the [^F1087duties imposed by subsections (1) [^F1088 , [^F1089 (2),^F1089] (2A), (2E), (2F), (2I), (2K) or (2L)^F1088,F1087]] above or with any requirement imposed under subsection (5) above shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine.

(7)The Secretary of State shall, after consultation with such persons or bodies as appear to him representative of the interests concerned, prepare and issue a code of practice for the purpose of providing to persons practical guidance on how to discharge the [^F1090duty imposed on them by subsection (1), [^F1091 (2),^F1091] (2E), (2F), (2I), (2K) or (2L)^F1090] .

(8)The Secretary of State may from time to time revise a code of practice issued under subsection (7) above by revoking, amending or adding to the provisions of the code.

(9)[^F183 A^F183] code of practice prepared in pursuance of subsection (7) above shall be laid

[^F184 (a)^F184] before both Houses of Parliament [^F185; or

(b)if it relates only to Scotland before the Scottish Parliament.^F185]

(10)A code of practice issued under subsection (7) above shall be admissible in evidence and if any provision of such a code appears to the court to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

(11)Different codes of practice may be prepared and issued under subsection (7) above for different areas.

[^F18634ZA. Fixed penalty notices: offences under section 34(6) relating to section 34(2A): England

(1)This section applies where it appears to an enforcement authority in England that a person has failed to comply with the duty relating to the transfer of household waste in section 34(2A) in England.

(2)The authority may give to that person a notice offering the opportunity of discharging any liability to conviction for an offence under section 34(6) by payment of a fixed penalty.

(3)An authority may not give a person a notice under subsection (2) if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence.

(4)Where a waste collection authority (A) gives a notice to a person under subsection (2), A must, at the time of giving the notice—

(a)give the Environment Agency a copy of the notice; and

(b)where it appears to A that the failure to comply with the duty in section 34(2A) took place in the area of another waste collection authority (B), give B a copy of the notice.

(5)Where the Environment Agency gives a notice to a person under subsection (2), the Agency must, at the time of giving the notice, give a copy of the notice to the waste collection authority in whose area the failure to comply with the duty in section 34(2A) took place.

(6)Where a person is given a notice under subsection (2) in respect of an offence—

(a)no proceedings may be instituted for that offence before the end of the period of 14 days following the date of the notice; and

(b)the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.

(7)The fixed penalty payable to an enforcement authority under this section is—

(a)the amount specified by the authority in respect of the offence; or

(b)if no amount is specified by the authority, £200.

(8)The amount specified by an authority in respect of the offence under subsection (7)(a) must not be less than £150 or more than [^F187 £600^F187] .

(9)The enforcement authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount of not less than £120 is paid [^F188 before the end of a period specified by the authority.^F188]

[^F189 (9A)The Secretary of State may by regulations substitute different amounts for the amounts for the time being specified in subsections (7)(b), (8) and (9).^F189]

(10)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

(11)A notice under this section must also—

(a)state the period during which, by virtue of subsection (6)(a), proceedings will not be instituted for the offence under section 34(6);

(b)state the period during which, by virtue of subsection (6)(b), payment of the fixed penalty will discharge any liability to conviction for the offence;

(c)state the amount of the fixed penalty;

(d)state any lesser amount payment of which, by virtue of subsection (9), is treated as payment of the fixed penalty, and the period for payment of the lesser amount;

(e)state the permissible methods of payment;

(f)explain that—

(i)the notice contains an offer to discharge liability to conviction for the offence by payment of a fixed penalty and that the person is not required to accept that offer; and

(ii)the person is entitled to make representations to the authority about the allegations contained in the notice;

(g)state the address to which the person may send any representations;

(h)explain that, by virtue of subsection (3), an authority may not give a person a notice under this section if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence;

(i)state which other enforcement authorities the authority has sent a copy of the notice to in accordance with subsections (4) and (5).

(12) An enforcement authority may authorise in writing a person (an “authorised officer”) to give a notice under this section on its behalf.

(13)An authorised officer may require an occupier of domestic property to give the occupier’s name and address if the officer proposes to give the occupier a fixed penalty notice.

(14)A person commits an offence if the person—

(a)fails to give a name or address when required to do so under subsection (13), or

(b)gives a false or inaccurate name or address in response to a requirement under that subsection.

(15)A person guilty of an offence under subsection (14) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(16)In any proceedings a certificate which—

(a)purports to be signed on behalf of the chief finance officer of the enforcement authority; and

(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(17)In this section—

• “chief finance officer”, in relation to an enforcement authority, means the person having responsibility for the financial affairs of the authority;

• “enforcement authority in England” means the Environment Agency or a waste collection authority in England. ^F186]

[^F19034ZB. Fixed penalty notices: offences under section 34(6) relating to section 34(2A): Wales

(1)This section applies where it appears to an enforcement authority in Wales that a person has failed to comply with the duty relating to the transfer of household waste in section 34(2A) in Wales.

(2)The authority may give to that person a notice offering the opportunity of discharging any liability to conviction for an offence under section 34(6) by payment of a fixed penalty.

(3)An authority may not give a person a notice under subsection (2) if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence.

(4)Where a waste collection authority (A) gives a notice to a person under subsection (2) in relation to a failure to comply with the duty in section 34(2A) that took place in the area of another waste collection authority (B), A must, at the time of giving the notice, give a copy of the notice to B.

(5)Where the Natural Resources Body for Wales gives a notice to a person under subsection (2), the Body must, at the time of giving the notice, give a copy of the notice to the waste collection authority in whose area the failure to comply with the duty in section 34(2A) took place.

(6)Where a person is given a notice under subsection (2) in respect of an offence—

(a)no proceedings may be instituted for that offence before the end of the period of 14 days following the date of the notice; and

(b)the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.

(7)The fixed penalty payable to an enforcement authority under this section is £300.

(8)An enforcement authority may make provision in a notice given under subsection (2) for treating the fixed penalty as having been paid if a lesser amount of £150 is paid before the end of the period of 10 days following the date of the notice.

(9)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

(10)A notice under this section must also—

(a)state the period during which, by virtue of subsection (6)(a), proceedings will not be instituted for the offence under section 34(6);

(b)state the date on or before which, by virtue of subsection (6)(b), payment of the fixed penalty must be made in order to discharge any liability to conviction for the offence;

(c)state the amount of the fixed penalty;

(d)if the enforcement authority makes provision under subsection (8)—

(i)state the lesser amount, the payment of which is treated, by virtue of that subsection, as payment of the fixed penalty, and

(ii)state the date on or before which payment of the lesser amount must be made for it to be so treated;

(e)state the permissible methods of payment;

(f)state the person to whom, and the address at which, payment may be made;

(g)explain that—

(i)the notice contains an offer to discharge liability to conviction for the offence by payment of a fixed penalty and that the person is not required to accept that offer, and

(ii)the person is entitled to make representations to the authority about the allegations contained in the notice;

(h)state the address to which the person may send any representations;

(i)explain that, by virtue of subsection (3), an authority may not give a person a notice under this section if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence;

(j)state the other enforcement authorities to which the authority has sent a copy of the notice in accordance with subsections (4) and (5).

(11) An enforcement authority may authorise in writing a person (an “authorised officer”) to give a notice under this section on its behalf.

(12)Where an authorised officer proposes to give a person a notice under subsection (2), the officer may require that person to give their name and address.

(13)A person commits an offence if the person—

(a)fails to give a name or address when required to do so under subsection (12), or

(b)gives a false or inaccurate name or address in response to a requirement under that subsection.

(14)A person guilty of an offence under subsection (13) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(15)In any proceedings a certificate which—

(a)purports to be signed by or on behalf of the chief finance officer of an enforcement authority to whom a fixed penalty is payable pursuant to a notice under this section; and

(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(16)In this section—

• “chief finance officer”, in relation to an enforcement authority, means the person having responsibility for the financial affairs of the authority;

• “enforcement authority in Wales” means the Natural Resources Body for Wales or a waste collection authority in Wales. ^F190]

[^F19134ZC Fixed penalty notices for offences under section 34(6): Scotland

(1)This section applies where a constable or an authorised officer has reason to believe that a person has failed without reasonable excuse to comply with the duty relating to the transfer of household waste in section 34(2).

(2)The constable or authorised officer (as the case may be) may give to the person a notice offering the opportunity of discharging any liability to conviction for an offence under section 34(6) by payment of a fixed penalty.

(3)A notice under subsection (2) may not be given if, in relation to the same circumstances—

(a)such a notice has already been given to the person (including by the same or by another local authority), or

(b)a penalty or enforcement undertaking has already been imposed on the person by the Scottish Environment Protection Agency by virtue of Part 2 of the Regulatory Reform (Scotland) Act 2014.

(4)Where a constable gives a notice to a person under subsection (2), the constable must at the same time give a copy of the notice to the local authority in whose area the failure to comply with the duty in section 34(2) took place.

(5)Where—

(a)an authorised officer gives a notice to a person under subsection (2), and

(b)it appears to the officer that the failure to comply with the duty in section 34(2) took place both in the officer’s area and in another local authority’s area,

the officer must at the same time give the other local authority a copy of the notice.

(6)Where a person is given a notice under subsection (2) in respect of an offence—

(a)no proceedings may be instituted for that offence before the end of the period of 14 days beginning with the date of the notice, and

(b)the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.

(7)A notice under this section must—

(a)state the particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence,

(b)state the period during which, by virtue of subsection (6)(a), proceedings will not be instituted for the offence under section 34(6),

(c)state the amount of the fixed penalty,

(d)explain that the notice contains an offer to discharge liability to conviction for the offence by payment of a fixed penalty and that the person is not required to accept that offer,

(e)state the person to whom the fixed penalty may be paid, and the address and website for doing so,

(f)explain that, by virtue of subsection (3), an authorised officer may not give a person a notice under this section if such a notice has already been given to the person in respect of the same offence, and

(g)state which other authorities have been sent a copy of the notice in accordance with subsections (4) and (5).

(8)The fixed penalty payable under this section is £200.

(9)The Scottish Ministers may by regulations substitute a different amount (not exceeding level 2 on the standard scale) for the amount for the time being specified as the amount of the fixed penalty in subsection (8).

(10)A constable or an authorised officer may require an occupier of domestic property to give the occupier’s name, address and date of birth, if the constable or officer proposes to give the occupier a fixed penalty notice under this section.

(11)A person commits an offence if the person—

(a)fails to give a name, address or date of birth when required to do so under subsection (10), or

(b)gives a false or inaccurate name, address or date of birth in response to a requirement under that subsection.

(12)A person who commits an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(13)In any proceedings a certificate which—

(a)purports to be signed on the person having responsibility for the financial affairs of the authority to which the fixed penalty is to be paid, and

(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(14)A fixed penalty payable in pursuance of a notice under this section is to be paid—

(a)in a case where the notice is given by a constable or by an authorised officer of a local authority, to the local authority in whose area the offence was committed,

(b)in a case where the notice is given by an officer of Loch Lomond and The Trossachs National Park Authority, to that Authority.

(15)In this section—

• “ authorised officer ” means—

  (a)

  an officer of a local authority who is authorised in writing by the authority for the purpose of issuing notices under this section in relation to an offence under section 34(6) committed in the area of the authority,

  (b)

  an officer of Loch Lomond and The Trossachs National Park Authority who is authorised in writing by the Authority for the purpose of issuing notices under this section in relation to an offence under section 34(6) committed in the area designated as the National Park for which the Authority is established,

• “ local authority ” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 .

(16)The Scottish Ministers may by regulations—

(a) add another category of persons to the definition of “authorised officer” in subsection (15), and

(b)modify this section as they consider appropriate in connection with making provision under paragraph (a).^F191]

[^F19234A Fixed penalty notices for certain offences under section 34 _cross-notes

(1)This section applies where it appears to an enforcement authority that a person has failed to comply with a duty to furnish documents to that authority imposed under regulations made at any time under section 34(5) above.

(2)The authority may serve on that person a notice offering him the opportunity of discharging any liability to conviction for an offence under section 34(6) above by payment of a fixed penalty.

(3)Where a person is given a notice under this section in respect of an offence—

(a)no proceedings may be instituted for that offence before expiration of the period of fourteen days following the date of the notice; and

(b)he may not be convicted of that offence if he pays the fixed penalty before the expiration of the period.

(4)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

(5)A notice under this section must also state—

(a)the period during which, by virtue of subsection (3) above, proceedings will not be taken for the offence;

(b)the amount of the fixed penalty; and

(c)the person to whom and the address at which the fixed penalty may be paid.

(6)Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (5)(c) above at the address so mentioned.

(7)Where a letter is sent in accordance with subsection (6) above payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(8)The form of a notice under this section is to be such as the appropriate person may by order prescribe.

(9)The fixed penalty payable to an enforcement authority under this section is, subject to subsection (10) below, £300.

(10)The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (9) above.

(11)The enforcement authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.

(12)The appropriate person may by regulations restrict the extent to which, and the circumstances in which, an enforcement authority may make provision under subsection (11) above.

(13)In any proceedings a certificate which—

(a)purports to be signed on behalf of the chief finance officer of the enforcement authority, and

(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(14)In this section—

• “ chief finance officer ”, in relation to an enforcement authority, means the person having responsibility for the financial affairs of the authority;

• “ enforcement authority ” means the Environment Agency [^F193 , the Natural Resources Body for Wales ^F193] or a waste collection authority. ^F192]

[^F194Offences under sections 33 and 34: powers of seizure etc

34B Power to search and seize vehicles etc _cross-notes

(1)This section applies where an authorised officer of an enforcement authority or a constable reasonably believes that the grounds in subsection (2) or (3) below exist.

(2)The grounds in this subsection are that—

(a)a relevant offence has been committed [^F195 , or an offence under [^F196 regulation 38(1) or (2) of the Environmental Permitting Regulations^F196] has been committed in relation to a waste operation^F195]

(b)a vehicle was used in the commission of the offence, and

(c)proceedings for the offence have not yet been brought against any person.

(3)The grounds in this subsection are that—

(a)a relevant offence is being or is about to be committed, [^F197 or an offence under [^F196 regulation 38(1) or (2) of the Environmental Permitting Regulations^F196] is being or is about to be committed in relation to a waste operation,^F197] and

(b)a vehicle is being or is about to be used in the commission of the offence.

(4)The authorised officer or constable may—

(a)search the vehicle;

(b)seize the vehicle and any of its contents.

(5)In acting under subsection (4) above the authorised officer or constable may—

(a)stop the vehicle (but only a constable in uniform may stop a vehicle on any road);

(b)enter any premises for the purpose of searching or seizing the vehicle.

(6)A vehicle or its contents seized under subsection (4) above—

(a)by an authorised officer of an enforcement authority, are seized on behalf of that authority;

(b)by a constable in the presence of [^F198 or at the request of^F198] an authorised officer of an enforcement authority, are seized on behalf of that authority;

(c)by a constable [^F199 in any other case^F199] , are seized on behalf of the waste collection authority in whose area the seizure takes place.

(7)A person commits an offence if—

(a)he fails without reasonable excuse to give any assistance that an authorised officer or constable may reasonably request in the exercise of a power under subsection (4) or (5) above;

(b)he otherwise intentionally obstructs an authorised officer or constable in exercising that power.

(8)Where an authorised officer or constable has stopped a vehicle under subsection (5)(a) above, he may require any occupant of the vehicle to give him—

(a)the occupant's name and address;

(b)the name and address of the registered owner of the vehicle;

(c)any other information he may reasonably request.

(9)A person commits an offence if—

(a)he fails without reasonable excuse to comply with a requirement under subsection (8) above;

(b)he gives information required under that subsection that is—

(i)to his knowledge false or misleading in a material way, or

(ii)given recklessly and is false or misleading in a material way.

(10)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11)In this section and section 34C below—

• “ authorised officer ” means an officer of an enforcement authority who is authorised in writing by the authority for the purposes of this section;

• “ enforcement authority ” means—

  (a)

  the Environment Agency, ^F200...

  (aa)

  [^F201 the Natural Resources Body for Wales, or^F201]

  (b)

  a waste collection authority;

• “ relevant offence ” means—

  (a)

  an offence under section 33 above, or

  (b)

  an offence under section 34 above consisting of a failure to comply with the duty imposed by subsection (1) of that section;

• “ road ” has the same meaning as in the Road Traffic Regulation Act 1984 ;

• “ vehicle ” means any motor vehicle or trailer within the meaning of that Act or any mobile plant.

34C Seizure of vehicles etc : supplementary _cross-notes

(1) Where under section 34B above an authorised officer or constable seizes a vehicle or its contents (“seized property”) on behalf of an enforcement authority, the authority may remove the seized property to such a place as it considers appropriate.

(2)An enforcement authority must deal with any seized property in accordance with regulations made by the appropriate person.

(3)Regulations under subsection (2) above may in particular include provision as to—

(a)the duties of enforcement authorities in relation to the safe custody of seized property;

(b)the circumstances in which they must return any such property to a person claiming entitlement to it;

(c)the manner in which such persons, and the seized property to which they are entitled, may be determined;

(d)the circumstances in which an enforcement authority may sell, destroy or otherwise dispose of seized property;

(e)the uses to which the proceeds of any such sale may be put.

(4)Regulations making provision under subsection (3)(d) above—

(a)must (subject to paragraph (c) below) require the enforcement authority to publish a notice in such form, and to take any other steps, as may be specified in the regulations for informing persons who may be entitled to the seized property that it has been seized and is available to be claimed;

(b)must (subject to paragraph (c) below) prohibit the authority from selling, destroying or otherwise disposing of any seized property unless a period specified in the regulations has expired without any obligation arising under the regulations for the authority to return the property to any person;

(c)may allow for the requirements in paragraphs (a) and (b) above to be dispensed with if the condition of the seized property requires its disposal without delay.

(5)The appropriate person may issue guidance to enforcement authorities in relation to the performance of their functions under regulations under subsection (2) above.^F194]

[^F202Wales: disposal of food waste

34D Prohibition on disposal of food waste to sewer

(1)An occupier of premises in Wales must not—

(a)discharge food waste produced on or brought onto the premises, or

(b)knowingly cause or knowingly permit food waste produced on or brought onto the premises to be discharged,

into a public sewer or a sewer or drain communicating with a public sewer.

(2)Subsection (1) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans).

(3)A person commits an offence if, without reasonable excuse, the person contravenes subsection (1).

(4)A person who commits an offence under subsection (3) is liable on summary conviction, or on conviction on indictment, to a fine.

(5)In subsection (1)—

• “ food waste ” means controlled waste that—

  (a)

  has at any time been food (which for this purpose does not include drink) intended for human consumption, or

  (b)

  is biodegradable waste arising from the processing or preparation of food or drink,

  but does not include waste that is mixed with water or any other liquid as a result of the water or liquid having been used to clean any place or equipment used in processing or preparing food or drink;

• “ drain ”, “ public sewer ” and “ sewer ” have the meanings given in section 219(1) of the Water Industry Act 1991 .

(6)The Welsh Ministers may by regulations—

(a)provide for subsection (1) to apply only in circumstances specified in the regulations;

(b)make provision (which may include provision amending this section) for subsection (1) to apply subject to exceptions in addition to those in subsection (2);

(c) amend the definition of “food waste” in subsection (5).

(7)Regulations under subsection (6)(a) or (b) may make different provision for different purposes, different cases (including different persons, premises or types of food waste) and different areas.^F202]

[^F203Electronic waste tracking

34CA Electronic waste tracking

(1) The relevant national authority may by regulations make provision for the purpose of tracking relevant waste, including provision about the establishment of an electronic system (“ the system ”) for that purpose.

(2)The regulations may impose requirements on relevant waste controllers, or a waste regulation authority, to take specified steps to secure the entry into the system of specified information about, or which is relevant to the tracking or regulation of, specified relevant waste.

(3)The information which may be specified includes information about—

(a)the processing, movement or transfer to another person of relevant waste or waste processing products;

(b)persons to whom relevant waste or waste processing products have been transferred;

(c)the carrying out of any activity by relevant waste controllers in relation to, or in connection with, relevant waste or waste processing products;

(d)relevant waste controllers.

(4)The regulations may impose requirements on relevant waste controllers to take specified steps to enable physical identification of specified relevant waste or waste processing products.

(5)The regulations may allow relevant waste controllers, or a waste regulation authority, to make arrangements for other persons to discharge their obligations under the regulations, and may impose requirements on such persons in connection with such arrangements.

(6)The regulations must provide for an exemption for digitally excluded persons from any requirement that would involve the use of electronic communications or the keeping of electronic records, but may impose alternative requirements on those persons that do not involve either.

(7)The regulations may designate a person to establish, operate or maintain the system and may confer functions on such a person.

(8)The regulations may make provision about how information held on the system is to be used including provision—

(a)about who may access the information;

(b)permitting, or requiring, the disclosure, publication or transfer to another electronic system of such information;

(c)imposing requirements on persons who obtain such information not to further disclose it.

(9)The regulations may impose fees or charges, payable to a person designated by, or in accordance with, the regulations, on persons subject to any requirement imposed by the regulations.

(10)The amount of such fees or charges may reflect the costs of establishing, operating or maintaining the system and any other costs incurred in connection with the tracking of relevant waste by a person designated to establish, operate or maintain the system.

(11)The relevant national authority may provide grants or loans to a person designated to establish, operate or maintain the system.

(12)In this section—

• “ digitally excluded person ” means a person—

  (a)

  who is a practising member of a religious society or order whose beliefs are incompatible with using electronic communications or keeping electronic records, or

  (b)

  for whom it is not reasonably practicable to use electronic communications or to keep electronic records for any reason (including age, disability or location);

• “extractive waste”—

  (a)

  in relation to regulations made in relation to England or Wales, has the meaning it has in this Part (as it extends to England and Wales);

  (b)

  in relation to regulations made in relation to Scotland, has the meaning it has in the Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60);

• “ relevant national authority ” means—

  (a)

  in relation to England, the Secretary of State;

  (b)

  in relation to Wales, the Welsh Ministers;

  (c)

  in relation to Scotland, the Scottish Ministers;

• “ relevant waste ” means controlled waste or extractive waste;

• “ relevant waste controller ” means any person who—

  (a)

  is subject to the duty in section 34(1) (duty of care as respects controlled waste),

  (b)

  imports, produces, carries, keeps, treats, manages or disposes of extractive waste or, as a dealer or broker, has control of such waste, or

  (c)

  exports relevant waste;

• “ specified ” means specified or described in the regulations;

• “ waste processing product ” means any product of the processing of relevant waste, including material which is not relevant waste or which is not derived from relevant waste.

34CB Further provision about regulations under section 34CA

(1)Regulations under section 34CA(1) may make provision about the enforcement of requirements imposed by or under the regulations.

(2)The regulations may include provision—

(a)creating criminal offences punishable with a fine in respect of failures to comply with the regulations;

(b)about such offences.

(3)The regulations may include provision—

(a)for, about or connected with the imposition of civil sanctions by an enforcement authority;

(b)in the case of a civil sanction that requires the payment of an amount, for that amount—

(i)to be specified in the regulations;

(ii)to be determined by an enforcement authority in accordance with the regulations;

(c)for such a determination to be made by reference to factors specified or described in the regulations which may include, for example, the turnover of a business or the costs of complying with the requirement being enforced (and the regulations may provide that the amount to be paid may exceed the amount of those costs);

(d)about appeals against the imposition of a civil sanction.

(4) In this section “ civil sanction ” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

(5)The regulations may include provision for the imposition of sanctions of that kind whether or not—

(a)the conduct in respect of which the sanction is imposed constitutes an offence,

(b)the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or

(c)the relevant national authority may make provision for the imposition of sanctions under that Part.

(6)The regulations may make different provision for different purposes.

(7)The regulations may make consequential, supplementary, incidental, transitional or saving provision, including provision amending, repealing or revoking primary legislation or [^F204 assimilated direct^F204] legislation.

(8)In this section—

• “ enforcement authority ” means the Environment Agency, the Natural Resources Body for Wales, a waste collection authority for an area in England or Wales or the Scottish Environment Protection Agency;

• “ primary legislation ” means—

  (a)

  in relation to regulations made by the Secretary of State, an Act of Parliament;

  (b)

  in relation to regulations made by the Welsh Ministers, an Act of Parliament or an Act or Measure of Senedd Cymru;

  (c)

  in relation to regulations made by the Scottish Ministers, an Act of Parliament or an Act of the Scottish Parliament.^F203]