(1)In this Act—
[F1“appropriate person” means—
the Secretary of State, in relation to England;
the National Assembly for Wales, in relation to Wales.]
“controlled waste” has [F2, subject to subsection (2) below,][F2, at any time,] the same meaning as [F3in Part I of the Control of Pollution Act 1974][F3for the purposes of Part II of the Environmental Protection Act 1990];
[F4 “ disposal authority ” has the same meaning as in that Part of that Act but, in relation to any area with respect to which the functions of a disposal authority are carried out by more than one such authority, means whichever one of those authorities for the time being has responsibility for the issue of disposal licences under that Part; ]
“prescribed” means prescribed by regulations made by the Secretary of State;
[F5 “ regulation authority ” means—
in relation to England and Wales, the Environment Agency; and
in relation to Scotland, the Scottish Environment Protection Agency;
and any reference to the area of a regulation authority shall accordingly be construed as a reference to any area in England and Wales or, as the case may be, in Scotland;]
“road” has the same meaning as in the M1Road Traffic Act 1988;
“transport”, in relation to any controlled waste, includes the transport of that waste by road or rail or by air, sea or inland waterway but does not include moving that waste from one place to another by means of any pipe or other apparatus that joins those two places.
“vehicle” means any motor vehicle or trailer within the meaning of the M2Road Traffic Regulation Act 1984.
[F6(1A) In sections 5 to 7 above “ regulation authority ” also means a waste collection authority falling within section 30(3)(a), (b) or (bb) of the Environmental Protection Act 1990. ]
[F7(1B)For the purposes of any provision of this Act, “authorised officer” in relation to any authority means an officer of the authority who is authorised in writing by the authority for the purposes of that provision.]
[F8(2) Subsection (4) of section 30 of the M3 Control of Pollution Act 1974 (power to extend the meaning of controlled waste for the purposes of prescribed provisions of Part I of that Act) and any regulations made under that subsection before the coming into force of this subsection shall have effect as if the provisions of this Act were contained in Part I of that Act. ]
Textual Amendments
F1Words in s. 9(1) inserted (E.W.) (7.4.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 39(2), 108(1), 108(2)
F2Words “, at any time,” substituted (prosp.) for words “, subject to subsection (2) below,” by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(1), 164(3), Sch. 15 para. 31(5)(a)
F3Words “for the purposes of Part II of the Environmental Protection Act 1990” substituted (prosp.) for words “in Part I of the Control of Pollution Act 1974” by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(1), 164(3), Sch. 15 para. 31(5)(a)
F4Definition repealed (31.5.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1)(2), Sch. 15 para. 31(5)(b), Sch. 16 Pt. 11, S.I. 1991/1319, art. 2
F5Definition in s. 9(1) substituted (1.4.1996) by virtue of 1995 c. 25, s. 120(1), Sch. 22 para. 37(8) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/186, art. 3
F6S. 9(1A) inserted (E.W.) (31.3.2004 for W., 31.3.2004 for E.) by Anti-social Behaviour Act 2003 (c. 38), ss. 55(3), 93; S.I. 2004/690, art. 3(h); S.I. 2004/999, art. 2(m); S.I. 2004/690, art. 3(h); S.I. 2004/999, art. 2(m)
F7S. 9(1B) inserted (E.W.) (7.4.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 39(3), 108
F8S. 9(2) repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(1)(2), 164(3), Sch. 15 para. 31(6), Sch. 16 Pt. II
Commencement Information
I1S. 9 wholly in force at 16.07.1991 see s. 11(2) and S.I. 1991/1618, art. 2(a).
Marginal Citations