Modifications etc. (not altering text)
C1Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))
Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)
Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Commencement Information
I1Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2
Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.
Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)
(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, as a broker, 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;
[F1[F2(aa)to prevent any contravention by any other person of regulation 12 of the 2007 Regulations or of a condition of an environmental permit;]]
(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 [F3or regulation 12 of the 2007 Regulations, or a contravention of a condition of an environmental permit,] and to comply with the duty under this subsection as respects the escape of waste.
(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.
[F4(2A)It shall be the duty of the occupier of any domestic property in England [F5or Wales] 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.]
(3)The following are authorised persons for the [F6purposes of subsections (1)(c) and (2A)] above—
(a)any authority which is a waste collection authority for the purposes of this Part;
[F7(b)any person who is the holder of an environmental permit in relation to a waste operation;]
[F8(ba)any person who is carrying on an exempt waste operation;]
(c)any person to whom section 33(1) above does not apply by virtue of regulations under subsection (3) of that section;
(d)any person registered as a carrier of controlled waste under section 2 of M1 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.
[F9(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 [F10subsections (1)(c) and (2A)] above.]
(4)The following are authorised transport purposes for the purposes of [F11subsections (1)(c) and (2A)] 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.
[F12(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.]
(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) [F13or (2A)] 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)[F14A] code of practice prepared in pursuance of subsection (7) above shall be laid
[F15(a)]before both Houses of Parliament [F16; or
(b)if it relates only to Scotland before the Scottish Parliament.]
(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.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1S. 34(1)(aa) inserted (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 Pt. 1 para. 4(a)
F2S. 34(1)(aa) substituted (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 73, Sch. 21, para. 8(2) (with reg. 72, Sch. 4)
F3Words in s. 34(1)(c)(ii) substituted (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 73, Sch. 21, para. 8(3) (with reg. 72, Sch. 4)
F4S. 34(2A) inserted (E.W.) (21.11.2005) by The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 (S.I. 2005/2900), reg. 2(2)
F5Words in s. 34(2A) inserted (26.1.2006) by The Waste (Household Waste Duty of Care) (Wales) Regulations 2006 (S.I. 2006/123), reg. 2(1)
F6Words in s. 34(3) substituted (E.W.) (21.11.2005) by The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 (S.I. 2005/2900), reg. 2(3)
F7S. 34(3)(b) substituted (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 73, {Sch. 21, para. 8(4)} (with reg. 72, Sch. 4)
F8S. 34(3)(ba) inserted (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 73, {Sch. 21, para. 8(5)} (with reg. 72, Sch. 4)
F9S. 34(3A) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 65 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F10Words in s. 34(3A) substituted (E.W.) (21.11.2005) by The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 (S.I. 2005/2900), reg. 2(4)
F11Words in s. 34(4) substituted (E.W.) (21.11.2005) by The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 (S.I. 2005/2900), reg. 2(5)
F12S. 34(4A) inserted (retrospectively) by 1994 c. 40, s. 33(1) (with s. 33(2))
F13Words in s. 34(6) inserted (E.W.) (21.11.2005) by The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 (S.I. 2005/2900), reg. 2(6)
F14Word in s. 34(9) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 102(2)(a)
F15S. 34(9): “(a)” inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 102(2)(b)
F16S. 34(9)(b) and the word “or” immediately preceding it inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 102(2)(c)
Modifications etc. (not altering text)
C2S. 34 restricted (E.) (13.4.2001) by S.I. 2001/1478, reg. 3(b)
C3S. 34(1)(c) extended (27.7.1999) by 1999 c. 24, s. 4(6)(e)(8)
Commencement Information
I2S. 34 wholly in force at 1.4.1992; s.34 not in force at Royal Assent see s. 164(3); s. 34(5)(7)-(9)(11) in force at 13.12.1991; s. 34(1)-(4)(6)(10) in force at 1.4.1992 by S.I. 1991/2829, arts. 2, 4
Marginal Citations