The Special Waste Regulations 1996

[F1 RegistersE+W

15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F2 RegistersS

15.—(1) At each site from which any consignment of special waste has been removed, the consignor shall keep a register containing—

(a)a copy of the consignment note; and

(b)where the consignment is one to which regulation 8 applies, a copy of that part of the carrier’s schedule retained under regulation 8(5),

applicable to each consignment removed from that site.

(2) Every carrier shall keep a register containing—

(a)a copy of the consignment note; and

(b)where the consignment is one to which regulation 8 applies, a copy of the carrier’s schedule,

applicable to each consignment which he has transported.

(3) At each site at which any consignment of special waste has been received, the consignee shall keep a register containing—

(a)a copy of the consignment note; and

(b)where the consignment is one to which regulation 8 applies, a copy of the carrier’s schedule,

applicable to each consignment, other than a consignment to which regulation 10 applies, received at that site.

(4) A consignment note or carrier’s schedule required by paragraph (1) or (2) to be kept in a register shall be retained in the register for not less than three years from the date on which the waste to which it relates was removed from the premises at which it was being held.

(5) Subject to paragraphs (6) and (7), consignment notes and carrier’s schedules required by paragraph (3) to be kept by a person shall be retained until his waste management licence for the site in question is surrendered or revoked entirely, at which time he shall send the register to the Agency for the site; and that Agency shall retain the register for not less than three years after its receipt.

(6) Where, by virtue of regulation 16(1)(a) or (b) [F3of the 2011 Regulations], section 33(1)(a), (b) and (c) of the 1990 Act does not apply to any of the activities carried on at a site at which special waste is received, paragraph (5) shall have effect as if any reference to the surrender or revocation of a person’s waste management licence were a reference to the surrender or revocation of his authorisation under Part I of the 1990 Act for the site in question.

[F4(6A) Where, by virtue of [F5regulation 16(1)(c) or (d) of the 2011 Regulations], section 33(1)(a), (b) and (c) of the 1990 Act does not apply to any of the activities carried on at a site at which special waste is received, paragraph (5) shall have effect as if any reference to the surrender or revocation of a person’s waste management licence were a reference to the surrender or revocation of his permit under [F6the Pollution Prevention and Control (Scotland) Regulations 2012 ] for the site in question.]

(7) Where, in circumstances other than those mentioned in paragraph (6) [F7or (6A)], section 33(1)(a) and (b) of the 1990 Act does not apply to any of the activities carried on at a site at which special waste is received, each consignment note and carrier’s schedule required to be kept in a register shall be kept in that register for not less than three years from the date on which the consignment of special waste to which it relates was received at the site to which it was transported.

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

[F8(9) It is the duty of the Scottish Environment Protection Agency to carry out inspections of the registers referred to within these Regulations at such intervals as it considers appropriate, F9... ]]