UK Offence Report

Amendment of regulation 22: Registration of brokers

regulation 39(1)(a) of The Waste Regulations (Northern Ireland) 2011

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

a for paragraph (1) substitute—

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

a broker or dealer for the disposal or recovery of controlled waste on behalf of another person unless it is

a registered broker of or dealer in 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 This is the text as originally made; later amendments are not shown here.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 dealer
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 dealer 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 39(1)(a)?

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. On these words it is an offence to arrange as a broker or dealer for the disposal or recovery of controlled waste on behalf of another person unless it is a registered broker of or dealer in controlled waste.
  2. Doing what the provision prohibits, or failing to do what it requires under the Waste Regulations (Northern Ireland) 2011.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
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
16 March 2011
In force from
8 April 2011
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 transpose for Northern Ireland, Directive 2008/98/EC (the revised Waste Framework Directive) of the European Parliament and of the Council on waste (OJ No L 312, 22.11.2008, p3). Their overall aim is to ensure that the Directive’s overall objectives, viz, the protection of the environment and human health; to reduce waste and encourage it to be used as a substitute for other non-renewable resources (substitution principle); to ensure that the EU becomes a recycling society by applying the self-sufficiency, polluter pays and proximity principles at both Member State and EU level. Part 2 provides the amendments required to the Environment (Northern Ireland) Order 2002 and the Waste and Contaminated Land (Northern Ireland) Order 1997 by including provisions as follows:- Regulation 3 amends and introduces the definitions as reflected in Article 3 of the Directive. Regulations 4 and 6 extend the duty of care requirements to dealers of waste. Regulation 5 and regulation 8, which substitutes the existing Schedule 3 to the 1997 Order, update the requirements for the Waste Management Strategy. The schedule in particular introduces measures for ensuring compliance with the waste hierarchy as a priority order. It also sets out in detail matters which must and matters which may be included in the Waste Management Strategy. Part 3 introduces a new set of Regulations in which:- Regulations 10 to 16 establish the requirements to produce waste prevention programmes. They also make supplementary provision in relation to waste prevention programmes and include provision for public participation in their preparation and revision. Regulation 17 introduces a duty on waste operators to comply with the waste hierarchy. Regulations 18 to 20 require that, from 1st January 2015, where it is environmentally, economically and technically feasible to do so, at least waste paper, metal, plastic and glass should be collected separately and the mixing of those wastes once separately collected is prohibited. Regulation 22 provides that failure to comply with regulations 18 and 19 may result in the Department issuing compliance, restoration or suspension notices as applicable. Regulation 23 provides a right of appeal against such a notice to the Planning Appeals Commission. Regulation 24 provides for offences where the requirements to comply with the waste hierarchy and to separately collect waste and ensure that such wastes are not subsequently are breached. Regulation 25 includes radioactive waste within the waste management regime under certain circumstances. Part 4 makes consequential amendments to various other pieces of subordinate legislation to reflect the revised Directive and its requirements. These include:- Regulation 28 revokes, with effect from 1st January 2014, exemption from registering as a carrier of waste under the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 for those who were previously exempt from registration but who ‘normally and regularly’ carry waste. Regulation 33 places additional requirements under the Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002 on those who transport waste or who act as brokers or dealers of wastes. Regulation 34 encourages the separate collection of waste oils and also provides that incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or greater than (i) 0.60 for installations in operation and permitted in accordance with applicable Community legislation before 1st January 2009; or (ii) 0.65 for other installations may now be classified as recovery operations. Regulations 35 to 42 extensively amend the Waste Management Licensing Regulations (Northern Ireland) 2003 to include provisions that establish statutory ‘preparing for reuse’ and ‘recycling’ targets for waste from households and ‘preparing for reuse’, ‘recycling’ and ‘recovery’ targets for construction and demolition waste; encourage the separate collection of bio-waste; place a requirement on waste dealers to register with the Department; and impose duties on those responsible for regulating waste management activities and on those responsible for exercising certain functions including under the Planning Acts. Regulations 45 to 63 amend the hazardous waste regime to ensure compliance with the revised Directive which repealed 75/439/EEC (Waste Oils Directive) and 91/689/EEC (the Hazardous Waste Directive) and brought hazardous waste requirements under its control. Other legislation amended by way of these Regulations are:- The Deposits in the Sea (Exemptions) (Northern Ireland) Order 1995 The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000 The Landfill Regulations (Northern Ireland) 2003 The Landfill Allowances Scheme Regulations (Northern Ireland) 2004 The List of Wastes Regulations (Northern Ireland) 2005 The Feeding Stuffs Regulations (Northern Ireland) 2005 The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007 The Renewables Obligation (Northern Ireland) Order 2009 The Waste Batteries and Accumulators (Treatment and Disposal) Regulations (Northern Ireland) 2009 The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010 An 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, Goodwood House, 44–58 May Street, Belfast, BT1 4NN.

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