UK Offence Report

Registration of brokers

regulation 22(1) of The Waste Management Licensing Regulations (Northern Ireland) 2003

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 Subject to paragraphs (2) to (4), it shall be an offence for an establishment or undertaking after

19 August 2004 to arrange (as dealer or broker) for the disposal or recovery of controlled waste on behalf of another person unless it is

a registered broker of controlled waste.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 22(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Waste Management Licensing Regulations (Northern Ireland) 2003.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

in Northern Ireland a reference to a level is construed as referring to the standard scale as it currently stands (Fines and Penalties (NI) Order 1984 art.5(3)), not as it stood when the instrument was made.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
28 November 2003
In force from
19 December 2003
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations.) — the explanatory note published with the instrument, © Crown copyright.

These Regulations make provision related to the bringing into operation of the waste management licensing system under Part II of the Waste and Contaminated Land (Northern Ireland) Order 1997 (“the 1997 Order”) and for the purpose of implementing certain Council Directives relating to waste. Regulations 2 to 5 and Schedule 1 make provision in connection with determining whether an applicant for a licence is a fit and proper person. Regulations 6 to 8 contain procedural provisions in relation to appeals under Articles 17 and 36 of the 1997 Order. Regulations 9 and 10 make provision in relation to the contents of public registers maintained under Article 34 of the 1997 Order. Regulation 11 prescribes what is to be treated as mobile plant for the purposes of Part II of the 1997 Order. Regulation 12 prohibits the imposition of conditions in waste management licences for the purpose of securing the health of persons at work. Regulation 13 makes provision, pursuant to Council Directive 75/439/EEC on the disposal of waste oils (O.J. No. L194, 25.7.1975, p. 23, as amended by Council Directive 87/101/EEC, O.J. No. L42, 12.2.1987, p. 43), as to conditions which are to be included in a licence which relates to waste oil. Regulation 14, for the purpose of implementing Council Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances, makes provision for the method of dealing with applications for licences in respect of waste activities which could lead to the discharge into groundwater of the substances in lists I and II of that Directive. Regulation 15 amends the Groundwater Regulations (Northern Ireland) 1998. Regulations 16 and 17 exempt certain activities from the need to have a waste management licence. Regulation 16 disapplies Article 4(l) of the 1997 Order in the case of certain waste activities controlled by other systems. Regulation 17 disapplies Article 4(1)(a) and (b) of the 1997 Order in the case of the activities set out in Part I of Schedule 2. Parts II and III of Schedule 2 deal with information to be supplied in relation to certain exempt activities. Regulation 18 provides a system of registration for the activities exempted by regulation 17 and regulation 19 sets out the additional obligations on operators of those activities. Regulation 20 provides for the refusal, revocation and cessation of exempt activities. Regulation 21 and Schedule 3 contain provisions which implement Council Directive 75/442/EEC on waste (as amended) (“the Waste Framework Directive”). Part I of Schedule 3 modifies Part II of the 1997 Order, the Industrial Pollution Control (Northern Ireland) Order 1997, the Water (Northern Ireland) Order 1999, Part II of the Pollution Control and Local Government (Northern Ireland) Order 1978, Part II of the Food and Environment Protection Act 1985, and planning legislation, and requires certain functions under those enactments to be discharged with the objectives set out in the Waste Framework Directive. Part I of that Schedule also provides for the preparation of offshore waste management plans, registration of waste collectors, transporters, brokers and dealers who would otherwise not be subject to registration, and the inspection of, and record keeping by, establishments or undertakings carrying out waste disposal or recovery. Parts II and III of that Schedule list waste disposal and recovery operations. Regulation 22 and Schedule 4 provide for the registration of waste brokers and dealers in respect of their activities on or after 19th August 2004. Schedule 4 makes provision as to the keeping of registers, and in respect of applications for registration, the duration and revocation of registration, and related appeals. Regulations 23 to 25 amend the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995, the Special Waste Regulations (Northern Ireland) 1998 and the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999. Regulation 26 and Schedule 5 transpose the requirements of Directive 2002/53/EC of the European Parliament and of the Council on end of life vehicles (the End of Life Vehicles Directive) by ensuring that all activities that constitute treatment of end of life vehicles are licensed so as to meet the requirements of Article 6 and Annex 1 of that Directive. Regulation 27 revokes the Waste Collection and Disposal (Amendment) Regulations (Northern Ireland) 1997 and the remaining extant provisions of the Waste Collection and Disposal Regulations (Northern Ireland) 1992.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source