The Controlled Waste (England and Wales) Regulations 2012

Interpretation E+W

1.  In this Schedule—

“camp site” means land on which tents are pitched for the purpose of human habitation and land the use of which is incidental to that purpose;

“charity shop” means a hereditament used wholly or mainly for the sale of goods donated to a charity where the proceeds of sale (after deduction of expenses) are applied for the purposes of a charity;

“clinical waste” means waste from a healthcare activity (including veterinary healthcare) that—

(a)

contains viable micro-organisms or their toxins which are known or reliably believed to cause disease in humans or other living organisms,

(b)

contains or is contaminated with a medicine that contains a biologically active pharmaceutical agent, or

(c)

is a sharp, or a body fluid or other biological material (including human and animal tissue) containing or contaminated with a dangerous substance within the meaning of [F1 Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, as amended from time to time,]

and waste of a similar nature from a non-healthcare activity;

“composite hereditament” has the same meaning as in section 64(9) of the Local Government Finance Act 1988(1);

“construction” includes improvement, repair or alteration;

“factory” has the meaning given in section 175 of the Factories Act 1961(2);

“general medical practitioner” means a person registered in the General Practitioner Register kept by the General Medical Council under section 34C of the Medical Act 1983(3);

“gypsies and travellers”—

(a)

in relation to England, has the same meaning as in regulation 2 of the Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (England) Regulations 2006(4);

(b)

in relation to Wales, has the same meaning as in regulation 2 of the Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (Wales) Regulations 2007(5);

“hazardous waste”—

(a)

in relation to England, has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005(6);

(b)

in relation to Wales, has the meaning given in regulation 6 of the Hazardous Waste (Wales) Regulations 2005(7);

“not for profit body” means a body which, by virtue of its constitution or any enactment—

(a)

is required (after payment of outgoings) to apply the whole of its income, and any capital which it expends, for charitable or public purposes; and

(b)

is prohibited from directly or indirectly distributing among its members any part of its assets (otherwise than for charitable or public purposes);

“offensive waste” means waste that—

(a)

is not clinical waste,

(b)

contains body fluids, secretions or excretions, and

(c)

[F2 falls within the description of code 18 01 04, 18 02 03 or 20 01 99 in the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time;]

“place of worship” means a hereditament exempt from local non-domestic rating by virtue of paragraph 11 of Schedule 5 to the Local Government Finance Act 1988(8);

“scientific research association” has the meaning given in section 469 of the Corporation Tax Act 2010(9);

“scrap metal” has the meaning given in section 9(2) of the Scrap Metal Dealers Act 1964(10);

“vessel” includes a hovercraft within the meaning of section 4(1) of the Hovercraft Act 1968(11);

“waste oil” means any mineral or synthetic lubrication or industrial oil which is unfit for its original purpose.

Textual Amendments

F1 Words in Sch. 1 para. 1 substituted (E.) (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 19; and substituted (W.) (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 11

F2 Words in Sch. 1 para. 1 substituted (E.) (1.7.2015) by The Hazardous Waste (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1360), regs. 1(1), 9 (with Sch. 2); and substituted (W.) (20.7.2015) by The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015 (S.I. 2015/1417), regs. 1(2), 6

(1)

1988 c. 41.

(2)

1961 c. 34. Section 175(2) was amended by S.I. 1983/978, regulation 3(1) and Schedule 1.

(3)

1983 c. 54. Section 34C was inserted by S.I. 2010/234, article 4 and Schedule 1, paragraph 10.

(4)

S.I. 2006/3190.

(5)

S.I. 2007/3235 (W. 285).

(6)

S.I. 2005/894, to which there are amendments not relevant to these Regulations.

(7)

S.I. 2005/1806 (W. 138), to which there are amendments not relevant to these Regulations.

(8)

Paragraph 11 was amended by the Local Government Finance Act 1992 (c. 14), section 104 and paragraph 3 of Schedule 10.

(9)

2010 c. 4.

(10)

1964 c. 69. Section 9(2) was amended by the Local Government Act 1972 (c. 70), section 272(1) and Schedule 30 and by the Statute Law (Repeals) Act 1993 (c. 50).

(11)

1968 c. 59.