This regulation applies in England only.

Nothing in regulation 4 has the effect of making a person liable to pay a charge under section 45(4) of the Act for the disposal of waste if the first and second conditions are satisfied.

The first condition is that no charge would have been payable under section 45(4) of the Act for the disposal of that waste had it been collected under section 45(1) of the Act before 6th April 2012.

The second condition is that the waste is from a hereditament as regards which the person is subject to a non-domestic rate under section 43(1) of the Local Government Finance Act 1988, for which the chargeable amount payable is calculated in accordance with section 43(4A)(a) of that Act.