UK Offence Report

Amendment of Part I of Schedule 3: Waste Framework Directive, etc.

regulation 25(3) of The Waste Management Regulations (Northern Ireland) 2006

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

3 In paragraph 12 (Registration by professional collectors and transporters of waste, and by dealers and brokers) for sub-paragraphs (1) and (2) substitute—

1 Subject to sub-paragraph (3), it shall be an offence for an establishment or undertaking falling within—

a sub-paragraph (a), (b), (d), (g) or (h) of regulation 2(1) of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999; or

b sub-paragraph (j) or (l) of that paragraph after 31st January 2007; to collect or transport waste on

a professional basis unless it is registered in accordance with the provisions of this paragraph.

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 This is the text as originally made; later amendments are not shown here.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 25(3)?

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 Regulations (Northern Ireland) 2006.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£500
Standard scale
Level 2
Maximum prison (summary)
2 years

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
26 June 2006
In force from
31 July 2006
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 implement (in part), Council Directive 75/442 EEC on waste (“the Waste Framework Directive”) and Council Directive 1999/31/EC on the landfill of waste (“the Landfill Directive”). Regulation 2 amends Articles 2, 4, 5 and 31 of the Waste and Contaminated Land (Northern Ireland) Order 1997 (“the Order”). The amendments to Article 2 bring waste from mines and quarries and agricultural waste within the waste management controls established under the Order. The amendments to Article 4 mean that, in relation to household waste, an establishment and undertaking must comply with all the requirements of Article 4(1) of the Order, but that a person who is not an establishment or undertaking must only comply with the requirements of Article 4(1)(c). Regulations 3, 6 and 28 make minor amendments to subordinate legislation. Regulation 4 amends the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 so that the registration requirements of the Order do not apply to those who only transport animal by-products waste, mines or quarries waste or agricultural waste on a professional basis. Instead the registration requirements of paragraph 12 of Part I of Schedule 3 to the Waste Management Licensing Regulations (Northern Ireland) 2003 (“the 2003 Regulations”) will apply in these circumstances (see regulation 25(3). Regulation 5 amends the Controlled Waste Regulations (Northern Ireland) 2002. The amendment in regulation 5(7) provides that Article 5 of the Order (duty of care, etc., as respects waste) does not apply to waste which comprises animal by-products collected and transported in accordance with the Community Regulation (as defined in regulation 5(7)). The amendment in regulation 5(9) provides that any Directive waste is to be classified as industrial waste if it is not otherwise classified as household or commercial waste. Regulations 7 –26 amend the 2003 Regulations in a number of respects. These include inserting new paragraphs into Schedule 2 to the WML Regulations to provide for exemptions from waste management licensing for activities involving – the recovery of animal by-products (regulation 19), the treatment of land with liquid milk and the deposit of plant tissue (regulation 23). Regulation 27 amends the Landfill Regulations to ensure that the Landfill Directive is transposed in relation to agricultural waste and mines and quarries waste. It provides that if the operator of a landfill taking agricultural waste or mines or quarries waste proposes to continue to accept waste after the date on which these Regulations come into operation then within one month of that date he must prepare and submit a conditioning plan to the Department for that site. Regulation 29 contains transitional provisions which apply to the deposit, disposal or recovery of agricultural waste, or mines or quarries waste, for a period of twelve months after the Regulations come into operation. A Regulatory Impact Assessment in relation to these Regulations has been placed in the library of the Northern Ireland Assembly and copies can be obtained from Environmental Policy Division, 20-24 Donegall Street, Belfast BT1 2GP.

Read the full note and every offence in this instrument

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