Environmental Protection (Duty of Care) Regulations 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/2839 |
| Year | 1991 |
1991 No. 2839
ENVIRONMENTAL PROTECTION
The Environmental Protection (Duty of Care) Regulations 1991
Made 16th December 1991
Laid before Parliament 17th December 1991
Coming into force 1st April 1992
The Secretary of State for the Environment as respects England, the Secretary of State for Wales as respects Wales and the Secretary of State for Scotland as respects Scotland, in exercise of the powers conferred on them by section 34(5) of the Environmental Protection Act 19901and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Environmental Protection (Duty of Care) Regulations 1991 and shall come into force on 1st April 1992.
(2) In these Regulations–
“the 1990 Act” means the Environmental Protection Act 1990;
“transferor” and “transferee” mean respectively, in relation to a transfer of controlled waste by a person who is subject to the duty imposed by section 34(1) of the 1990 Act, the person who in compliance with that section transfers a written description of the waste and the person who receives that description.
Transfer notes
2.—(1) The transferor and the transferee shall, at the same time as the written description of the waste is transferred, ensure that such a document as is described in paragraph (2) (“a transfer note”) is completed and signed on their behalf.
(2) A transfer note shall–
(a)
(a) identify the waste to which it relates and state–
(i) its quantity and whether on transfer it is loose or in a container;
(ii) if in a container, the kind of container; and
(iii) the time and place of transfer;
(b)
(b) give the name and address of the transferor and the transferee;
(c)
(c) state whether or not the transferor is the producer or importer of the waste and, if so, which;
(d)
(d) if the transfer is to a person for authorised transport purposes, specify which of those purposes; and
(e)
(e) state as respects the transferor and the transferee which, if any, of the categories of person shown in column 1 of the following Table describes him and provide any relevant additional information specified in column 2 of the Table.
TABLE
Category of person |
Additional information |
An authority which is a waste collection authority for the purposes of Part II of the 1990 Act. | |
A person who is the holder of a waste management licence under section 35 of the 1990 Act or of a disposal licence under section 5 of the Control of Pollution Act 19742. |
If the waste is to be kept, treated or disposed of by that person, the relevant licence number and the name of the licensing authority. |
A person to... |
To continue reading
Request your trial