1991 No. 2839
The Environmental Protection (Duty of Care) Regulations 1991
Made
Laid before Parliament
Coming into force
The Secretary of State for the Environment as respects England, the Secretary of State for Wales as respects Wales and the Secretary of State for Scotland as respects Scotland, in exercise of the powers conferred on them by section 34(5) of the Environmental Protection Act 19901 and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and interpretation1
–
1
These Regulations may be cited as the Environmental Protection (Duty of Care) Regulations 1991 and shall come into force on 1st April 1992.
2
In these Regulations–
“the 1990 Act” means the Environmental Protection Act 1990;
“transferor” and “transferee” mean respectively, in relation to a transfer of controlled waste by a person who is subject to the duty imposed by section 34(1) of the 1990 Act, the person who in compliance with that section transfers a written description of the waste and the person who receives that description.
Transfer notes2
–
1
The transferor and the transferee shall, at the same time as the written description of the waste is transferred, ensure that such a document as is described in paragraph (2) (“a transfer note”) is completed and signed on their behalf.
2
A transfer note shall–
a
identify the waste to which it relates and state–
i
its quantity and whether on transfer it is loose or in a container;
ii
if in a container, the kind of container; and
iii
the time and place of transfer;
b
give the name and address of the transferor and the transferee;
c
state whether or not the transferor is the producer or importer of the waste and, if so, which;
d
if the transfer is to a person for authorised transport purposes, specify which of those purposes; and
e
state as respects the transferor and the transferee which, if any, of the categories of person shown in column 1 of the following Table describes him and provide any relevant additional information specified in column 2 of the Table.
Category of person | Additional information |
---|---|
An authority which is a waste collection authority for the purposes of Part II of the 1990 Act. | |
A person who is the holder of a waste management licence under section 35 of the 1990 Act or of a disposal licence under section 5 of the Control of Pollution Act 19742. | If the waste is to be kept, treated or disposed of by that person, the relevant licence number and the name of the licensing authority. |
A person to whom section 33(1) of the 1990 Act does not apply by virtue of regulations under subsection (3) of that section. | |
A person registered as a carrier of controlled waste under section 2 of the Control of Pollution (Amendment) Act 19893. | The name of the waste regulation authority with whom he is registered and his registration number. |
A person who is not required to be so registered by virtue of regulations under section 1(3) of that Act. | |
A waste disposal authority in Scotland. |
Duty to keep copies of written descriptions of waste and transfer notes3
The transferor and the transferee shall each keep the written description of the waste and the transfer note or copies thereof for a period of two years from the transfer of the controlled waste.
Duty to furnish documents4
A person who has been served by a waste regulation authority with a notice in writing specifying or describing any document and requiring its production shall, if the document is one which at that time he is under a duty to keep under regulation 3, furnish the authority with a copy of it at the authority’s office specified in the notice and within the period (not being less than 7 days) so specified.
(This note is not part of the Regulations)