UK Offence Report

Registration of brokers and dealers

regulation 30(1) of The Waste Management Licensing (Scotland) Regulations 2011 (revoked)

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 It is an offence for an establishment or undertaking to arrange (as broker or dealer) for the recovery or disposal of controlled waste on behalf of another person, or to purchase and sell controlled waste as

a principal, 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 This is the text as originally made; later amendments are not shown here.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 person
Conduct
selling or supplying something the instrument restricts
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 30(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. Selling the goods under the Waste Management Licensing (Scotland) Regulations 2011 where the instrument prohibits the sale outright.
  2. Supplying without carrying out a check the instrument requires first, even where the sale would otherwise be lawful.
  3. Offering for sale counts as well as selling: displaying stock is enough where the provision reaches an offer.

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 Scotland a reference to a level is construed as referring to the standard scale as it currently stands (CP(S)A 1995 s.225(2)), 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
27 March 2011
Extent
S

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 consolidate the waste management licensing and exemption system currently contained in the Waste Management Licensing Regulations 1994 as amended. They also make certain changes to that system (including the introduction of new exemptions from the requirement for licensing and the adjustment of various existing exemptions) and contain provision for the purpose of implementing Directive 2008/98/EC on waste (“the Directive”). Regulation 2 contains definitions, including transposition of relevant definitions contained in the Directive. Regulation 3 makes provision in connection with determining whether an applicant for a waste management licence is a fit and proper person. Regulations 4 to 7 contain procedural provision in relation to appeals under sections 43 and 66 of the Environmental Protection Act 1990 (“the 1990 Act”). Regulations 8 and 9 make provision in relation to the contents of public registers maintained under section 64 of the 1990 Act. Regulation 10 defines what is to be treated as mobile plant for the purposes of waste management licensing. Regulations 11 to 13 require the inclusion of particular types of condition in site licences dealing with activities involving waste electrical and electronic equipment and batteries. They provide continued transposition of requirements of Directive 2002/96/EC on waste electrical and electronic equipment (WEEE) and Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators. Regulation 14 prohibits the imposition in waste management licences of conditions for the purpose of securing the health of persons at work. Regulation 15 makes provision, pursuant to Article 21 of the Directive, as to conditions to be included in a licence which relates to waste oil. Regulations 16 and 17 exempt certain activities from the requirement to have a waste management licence. Regulation 16 disapplies section 33(1) of the 1990 Act in respect of certain waste activities controlled by other systems. Regulation 17 disapplies section 33(1)(a) and (b) of the 1990 Act in the case of the activities set out in Schedule 1, subject to various conditions including compliance with Directives relating to protection of groundwater and water policy. References to benefit to agriculture or ecological improvement in Schedule 1 are to be construed in accordance with Schedule 2. Regulation 17 and Schedule 1 contain the detail of the exemptions envisaged by Articles 24 and 25 of the Directive. Regulation 18 deals with the interaction between this exemption regime and the separate regulatory requirements relating to controlled activities affecting the water environment. Regulations 19 to 28 provide a system of registration for exempt activities relating to the recovery and disposal of waste, including special provision for specific exemptions (such as a requirement for annual renewal of registration on payment of a fee) and the imposition of criminal liability for breach of registration obligations. Regulation 29 and Schedule 4 contain provisions transposing aspects of the Directive. Schedule4 Part I requires specified public authorities to perform their functions under specified enactments with the objectives set out in the Directive. It also sets out requirements relating to the content of permits relating to waste activities, modification of enactments to facilitate compliance with requirements of the Directive, registration of waste collectors and transporters required to be registered by the Directive who would not otherwise be subject to any registration requirement, and the inspection of and keeping of records by establishments or undertakings carrying out waste activities. Parts II and III of Schedule 4 provide illustrative lists of disposal and recovery operations, in connection with the definitions of those operations contained in regulation 2. Regulation 30 and Schedule 5 require the registration of waste brokers and dealers from 1stApril 2011. Schedule 5 makes provision as to the keeping of registers, and in respect of applications for registration, the duration and revocation of registration and appeals. Regulations 31 to 33 contain transitional provisions and savings. Regulation 34 revokes the Waste Management Licensing Regulations 1994, which are replaced by these Regulations, and gives effect to the minor and consequential amendments contained in Schedule 6. A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from Scottish Government Environmental Quality Division, Area 1-H North, Victoria Quay, Edinburgh EH6 6QQ.

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