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The Hazardous Waste (England and Wales)Regulations 2005

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This is the original version (as it was originally made).

Schedule of carriers

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37.—(1) This regulation applies in all cases (whether under regulation 36, or regulation 40) where more than one carrier transports, or is to transport, the consignment.

(2) Before the consignment is removed—

(a)the consignor shall-

(i)prepare a copy of the schedule of carriers for the hazardous waste producer or holder (where different from the consignor), the consignor, every carrier and the consignee; and

(ii)give every copy to the first carrier;

(b)the first carrier shall ensure that every copy he has received travels with the consignment;

(c)on delivery of the consignment to each subsequent carrier—

(i)the previous carrier shall give the subsequent carrier every copy of the schedule which he has received;

(ii)the subsequent carrier shall complete the relevant certificate on each copy, give one to the previous carrier who shall retain it, and ensure that every remaining copy which he has received travels with the consignment; and

(d)when the consignment is delivered to a consignee, the carrier shall retain one copy of the carriers schedule and give every remaining copy to the consignee.

(3) Where—

(a)arrangements for the transport of the consignment have not been made with all carriers intended to be involved before transport commences; or

(b)there is a change in any such arrangements after transport commences for any reason,

paragraph (2) applies as if the carrier in possession of the consignment when further arrangements are made, in the case of paragraph (a), or take effect, in the case of paragraph (b), were the consignor and the next carrier were the first carrier.

(4) Where this regulation applies, other than in the case of a rejected consignment of hazardous waste, regulation 36 has effect as if—

(a)a reference to the hazardous waste being removed includes reference to its possession being transferred to the next carrier;

(b)in paragraph (2)(a)(i), the reference to “the carrier” were a reference to “every carrier”;

(c)in paragraphs (2)(a)(iii), (2)(b) and (2)(c)(iv), the reference to “the carrier” were a reference to “the first carrier”;

(d)in paragraph (3)(b), in relation to a carrier who is not the final carrier, the reference to “the consignee” were a reference to “the subsequent carrier”; and

(e)in paragraph (4)(b), the reference to “the carrier” were a reference to “the final carrier”.

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