UK Offence Report

Registration by professional collectors and transporters of waste, and by dealers and brokers

paragraph 12(2) of SCHEDULE 4 of The Waste Management Licensing Regulations 1994

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

2 Subject to sub-paragraph (3) below, it shall be an offence for an establishment or undertaking falling within sub-paragraph (a), (b) or (c) of regulation 20(4) after 31st December 1994 to arrange for the recovery or disposal of waste on behalf of another person 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 This is the text as originally made; later amendments are not shown here.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 paragraph 12(2) of SCHEDULE 4?

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 1994.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£500
Standard scale
Level 2
Maximum prison (summary)
Not determined

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
12 April 1994
In force from
1 May 1994
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 force of the waste management licensing system under Part II of the Environmental Protection Act 1990 (“the 1990 Act”) and for the purpose of implementing certain Council Directives relating to waste. Regulation 2, and Schedules 1 and 2, provide for the form and contents of applications both for waste management licences and for their surrender or transfer. Regulations 3 to 5 make provision in connection with determining whether an applicant for a licence is a fit and proper person. Regulations 6 to 9 contain procedural provisions in relation to appeals under sections 43 and 66 of the 1990 Act. Regulations 10 and 11 make provision in relation to the contents of public registers maintained under section 64 of the 1990 Act. Regulation 12 prescribes what is to be treated as mobile plant for the purposes of Part II of the 1990 Act. Regulation 13 prohibits the imposition of conditions in waste management licences for the purpose of securing the health of persons at work. Regulation 14 makes provision, pursuant to Council Directive 75/439/EEC on the disposal of waste oils (OJ No. L 194, 25.7.1975, p. 23, as amended by Council Directive 87/101/EEC, OJ No. L 42, 12.2.1987, p. 43) as to conditions which are to be included in a licence which relates to waste oil. Regulation 15, 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. Regulations 16 and 17 exempt certain activities from the need to have a waste management licence. Regulation 16 disapplies section 33(1) of the 1990 Act in the case 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 3. Regulation 18 provides a system of registration for the activities exempted by regulation 17. Regulation 19 and Schedule 4 contain provisions which implement Council Directive 75/442/EEC on waste (as amended) (“the Waste Framework Directive”). Part I of Schedule 4 modifies Parts I and II of the 1990 Act, Parts I and II of the Control of Pollution Act 1974, Part II of the Food and Environment Protection Act 1985, Chapter II of Part III of the Water Resources Act 1991 and the Town and Country 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. Part II of Schedule 4 lists objects or substances which are waste when discarded, and Parts III and IV of that Schedule list waste disposal and recovery operations. Regulation 20 and Schedule 5 provide for the registration of waste brokers and dealers in respect of their activities on or after 1st January 1995. Schedule 5 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 21 to 24 amend the Deposits in the Sea (Exemptions) Order 1985, the Collection and Disposal of Waste Regulations 1988, the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 and the Controlled Waste Regulations 1992. An assessment of the cost to business of complying with these Regulations has been prepared and copies may be obtained from the Department of the Environment, Room A2.22, Romney House, 43 Marsham Street, London SW1P 3PY. A copy has been placed in the library of each of the Houses of Parliament.

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