This Statutory Instrument has been made in consequence of defects in S.I. 2012/811 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2012 No. 2320
Environmental Protection, England
The Controlled Waste (England and Wales) (Amendment) Regulations 2012
Made
7th September 2012
Laid before Parliament
12th September 2012
Coming into force
9th October 2012
The Secretary of State, in exercise of the powers conferred by section 75(7)(d) and (8) of the Environmental Protection Act 1990( 1 ), makes the following Regulations:
Citation, commencement and application
1. —(1) These Regulations may be cited as the Controlled Waste (England and Wales) (Amendment) Regulations 2012.
(2) They come into force on 9th October 2012.
(3) They apply in England only.
Amendment of the Controlled Waste (England and Wales) Regulations 2012
2. —(1)The Controlled Waste (England and Wales) Regulations 2012( 2 ) are amended as follows.
(2) In regulation 4 (household, industrial and commercial waste), after “regulation 3” insert “and regulation 4A”.
(3) After regulation 4 insert—
“ Restriction on charging for disposal of waste
4A. —(1) This regulation applies in England only.
(2) Nothing in regulation 4 has the effect of making a person liable to pay a charge under section 45(4) of the Act for the disposal of waste if the first and second conditions are satisfied.
(3) The first condition is that no charge would have been payable under section 45(4) of the Act for the disposal of that waste had it been collected under section 45(1) of the Act before 6th April 2012.
(4) The second condition is that the waste is from a hereditament as regards which the person is subject to a non-domestic rate under section 43(1) of the Local Government Finance Act 1988 ( 3 ) , for which the chargeable amount payable is calculated in accordance with section 43(4A)(a) of that Act ( 4 ) . ” .
(4) In paragraph 4 of Schedule 1 (household waste for which collection and disposal charges may be made)—
(a) in sub-paragraph (3), for “sub-paragraphs (5) and” substitute “sub-paragraph”;
(b) in sub-paragraph (4), for “Sub-paragraphs (5) to (8) apply” substitute “Sub-paragraph (8) applies”;
(c) omit sub-paragraphs (5) to (7);
(d) in sub-paragraph (8), for “sub-paragraph (4)” substitute “sub-paragraph (3)”.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
7th September 2012
1990 c. 43 . Subsections (7) and (8) were amended by S.I. 2006/937 , regulation 2(1) and (6). There are further amendments not relevant to this instrument.
S.I. 2012/811 . A correction slip was issued in relation to paragraph 4(7) of Schedule 1 (ISBN 978-0-11-152209-7).
1988 c. 41 . Relevant amendments were made by the Local Government Act 2003 (c. 26) , section 61 and the Localism Act 2011 (c. 20) , section 70 and Schedule 25, Part 11.
The chargeable amount is calculated in accordance with section 43(4A)(a) where section 43(4B) applies: see article 2 of the Non-Domestic Rating (Small Business Rate Relief) (England) Order 2012 ( S.I. 2012/148 ) for the conditions prescribed under subsection (4B)(a)(ii).