88(1)Section 75 of that Act (meaning of “waste” etc.) shall be amended in accordance with the following provisions of this paragraph.E+W+S
(2)For subsection (2) (definition of “waste”) there shall be substituted—
“(2)“Waste” means any substance or object in the categories set out in Schedule 2B to this Act which the holder discards or intends or is required to discard; and for the purposes of this definition—
“holder” means the producer of the waste or the person who is in possession of it; and
“producer” means any person whose activities produce waste or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste.”
(3)Subsection (3) (presumption that anything discarded is waste unless the contrary is proved) shall cease to have effect.
(4)After subsection (9) there shall be added—
“(10)Schedule 2B to this Act (which reproduces Annex I to the Waste Directive) shall have effect.
(11)Subsection (2) above is substituted, and Schedule 2B to this Act is inserted, for the purpose of assigning to “waste” in this Part the meaning which it has in the Waste Directive by virtue of paragraphs (a) to (c) of Article 1 of, and Annex I to, that Directive, and those provisions shall be construed accordingly.
(12)In this section “the Waste Directive” means the M1directive of the Council of the European Communities, dated 15th July 1975, on waste, as amended by—
(a)the M2directive of that Council, dated 18th March 1991, amending directive 75/442/EEC on waste; and
(b)the M3directiveof that Council, dated 23rd December 1991, standardising and rationalising reports on the implementation of certain Directives relating to the environment.”
Commencement Information
I1Sch. 22 para. 88 in force at 1.4.2003 for specified purposes for S. by S.S.I. 2003/206, art. 2(b)
I2Sch. 22 para. 88 in force at 1.1.2005 for E.W. by S.I. 2006/934, art. 2(a)
I3Sch. 22 para. 88 in force at 1.1.2005 for S. in so far as not already in force by S.S.I. 2004/541, art. 2(a)
Marginal Citations
M175/442/EEC.
M291/156/EEC.
M391/692/EEC.