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The Special Waste Amendment (Scotland) Regulations 2004

Consolidated Text As Enacted Cited authorities 27 Cited in Amendments 5 Related
Vincent
JurisdictionScotland
CitationSSI 2004/112
Year2004
(1) These Regulations may be cited as the Special Waste Amendment (Scotland) Regulations 2004.(2) Subject to paragraph (3) , these Regulations shall come into force on 1st July 2004.(3) This regulation and regulation 3(3) shall come into force on 1st April 2004.(4) These Regulations extend to Scotland only.(1) The Special Waste Regulations 1996 the definition of “household waste” is omitted;the following definitions are inserted in the appropriate places–(3) For regulation 2, substitute–
    (2) Meaning of special waste“Special waste” means any waste which is hazardous waste as defined by Article 1(4) of the Hazardous Waste Directive .
.“Special waste” means any waste which is hazardous waste as defined by Article 1(4) of the Hazardous Waste Directive .(4) After regulation 2, insert–
    (2A) Application of RegulationsExcept as provided in regulation 2B (domestic asbestos waste) , these Regulations do not apply to special waste which is domestic waste .
Except as provided in regulation 2B (domestic asbestos waste) , these Regulations do not apply to special waste which is domestic waste (5) After regulation 2A, insert–
    (2B) Domestic Asbestos Waste
  • (1) Subject to paragraphs (2) to (3) , these Regulations apply to special waste which is domestic asbestos waste, except in so far as they would, apart from this paragraph, impose obligations on a person to whom paragraph (2) applies.
  • (2) This paragraph applies to a person who is both the original producer of the domestic waste and who is either–
  • (a) a person who resides at the domestic premises at which the asbestos waste arises; or
  • (b) a person who is acting on behalf of such a person without reward.
Subject to paragraphs (2) to (3) , these Regulations apply to special waste which is domestic asbestos waste, except in so far as they would, apart from this paragraph, impose obligations on a person to whom paragraph (2) applies.a person who resides at the domestic premises at which the asbestos waste arises; ora person who is acting on behalf of such a person without reward.not being domestic waste; andproduced in the course of any of the activities of construction, modification, repair and maintenance (including structural works) or demolition of domestic premises or any part thereof,(6) In regulation 3 (certain radioactive waste to be special waste) , omit “and paragraphs (1) and (2) of regulation 2” and substitute “ regulations 2 to 2B ”.(7) After regulation 4, insert–
    (4A) Packaging and labelling of special wasteIn the course of its collection, transport and temporary storage, the consignor shall ensure that special waste is properly packaged and labelled in accordance with the relevant provisions of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 .
In the course of its collection, transport and temporary storage, the consignor shall ensure that special waste is properly packaged and labelled in accordance with the relevant provisions of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (8) For paragraph (2) (a) of regulation 5, substitute–
  • (a) five copies of the consignment note shall be prepared, and, on each copy, Parts A and B shall be completed, and there shall be entered on the consignment note–(i) the relevant code;(ii) the six digit code assigned to the waste in the European Waste Catalogue; and(iii) the postcode of the producer of the waste.
.the relevant code;the six digit code assigned to the waste in the European Waste Catalogue; andthe postcode of the producer of the waste.(9) In regulation 15, after paragraph (8) , insert–
  • (9) It is the duty of the Scottish Environment Protection Agency to carry out inspections of the registers referred to within these Regulations at such intervals as it considers appropriate, having regard to the need to meet the requirements of Article 13 of the Waste Directive and Article 5(2) of the Hazardous Waste Directive.
.It is the duty of the Scottish Environment Protection Agency to carry out inspections of the registers referred to within these Regulations at such intervals as it considers appropriate, having regard to the need to meet the requirements of Article 13 of the Waste Directive and Article 5(2) of the Hazardous Waste Directive.(10) After regulation 15, insert–
    (15A) Registers: special waste producers
  • (1) A special waste producer shall keep a record of the quantity, nature, origin and, where appropriate, the destination, frequency of collection and mode of transport of the special waste produced by that producer.
  • (2) Where special waste is transported from the premises where it was produced, by a person other than the producer of that waste, the requirement on the producer to record the destination of that waste includes a requirement to record particulars...
A special waste producer shall keep a record of the quantity, nature, origin and, where appropriate, the destination, frequency of collection and mode of transport of the special waste produced by that producer.Where special waste is transported from the premises where it was produced, by a person other than the producer of that waste, the requirement on the producer to record the destination of that waste includes a requirement to record particulars

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