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Statutory Instruments

2009 No. 890

Environmental Protection

The Waste Batteries and Accumulators Regulations 2009

Made

7th April 2009

Laid before Parliament

14th April 2009

Coming into force in accordance with regulation 1(2)

Contents

Go to Preamble

  1. PART 1

    GENERAL

    1. 1. Citation, commencement and extent

    2. 2. Interpretation

    3. 3. Meaning of appropriate authority

    4. 4. Service of documents

    5. 5. Signature of documents: meaning of appropriate person

    6. 6. Application

  2. PART 2

    PRODUCER OBLIGATIONS: PORTABLE BATTERIES

    1. 7. Financing: portable batteries

    2. 8. Calculation of a producer’s share

    3. 9. Duty to be a member of a battery compliance scheme

    4. 10. Effect of membership of a battery compliance scheme

    5. 11. Information provided to operators of battery compliance schemes

    6. 12. Record keeping

    7. 13. Reporting: portable batteries placed on the market by a small producer

    8. 14. Charges in relation to small producers

    9. 15. Duty to join another scheme on withdrawal of approval

    10. 16. Treatment, recycling, record keeping and reporting after withdrawal of scheme approval

    11. 17. Duty of the appropriate authority to determine and notify producer’s share

    12. 18. Declaration of compliance by producer

  3. PART 3

    OBLIGATIONS OF BATTERY COMPLIANCE SCHEMES AND REGISTRATION OF PRODUCERS OF PORTABLE BATTERIES

    1. 19. Financing: portable batteries

    2. 20. Duty of the appropriate authority to determine and notify scheme operator’s aggregate share of costs

    3. 21. Treatment and recycling

    4. 22. Record keeping

    5. 23. Reporting: batteries placed on the market by scheme members

    6. 24. Reporting: waste batteries

    7. 25. Declaration of compliance by battery compliance scheme

    8. 26. Registration of producers of portable batteries

    9. 27. Form of an application to register scheme members or a small producer

    10. 28. Duties of the appropriate authority in relation to applications to register producers of portable batteries

    11. 29. Notification of changes to registration details

    12. 30. Declaration of battery producer registration number

  4. PART 4

    PORTABLE BATTERIES: OBLIGATIONS AND RIGHTS OF DISTRIBUTORS AND OTHER ECONOMIC OPERATORS

    1. 31. Take back

    2. 32. Distributor’s right to request collection of waste batteries

    3. 33. Right of economic operators to participate in collection, treatment and recycling schemes

    4. 34. Prohibition on showing the costs of collection, treatment and recycling of portable batteries

  5. PART 5

    PRODUCER OBLIGATIONS: INDUSTRIAL AND AUTOMOTIVE BATTERIES

    1. 35. Take back: industrial batteries

    2. 36. Collection: automotive batteries

    3. 37. Alternative financing agreements

    4. 38. Treatment and recycling

    5. 39. Record keeping

    6. 40. Reporting: industrial and automotive batteries placed on the market

    7. 41. Reporting: waste batteries

    8. 42. Registration of producers: industrial batteries or automotive batteries

    9. 43. Application to register

    10. 44. Notification of changes to registration details

    11. 45. Duties of the Secretary of State in relation to registration of producers

    12. 46. Declaration of battery producer registration number

  6. PART 6

    APPROVAL OF BATTERY COMPLIANCE SCHEMES

    1. 47. Application for approval of a proposed battery compliance scheme

    2. 48. Further information in respect of an application

    3. 49. Approval of proposed schemes

    4. 50. Notification of determination

    5. 51. Effect and consequences of approval

    6. 52. Conditions of approval

    7. 53. Annual confirmation of approval of a battery compliance scheme

    8. 54. Withdrawal of approval of a battery compliance scheme

    9. 55. Charges

  7. PART 7

    DISPOSAL, TREATMENT AND RECYCLING

    1. 56. Prohibition on disposing of waste automotive and industrial batteries in a landfill or by incineration

    2. 57. Requirement for approval of battery treatment operators and exporters

    3. 58. Application for approval

    4. 59. Decision in relation to application

    5. 60. Notification of decision

    6. 61. Effect and consequences of a grant of approval

    7. 62. Application for extension of approval of an exporter to an additional site

    8. 63. Conditions of approval

    9. 64. Suspension and cancellation of approval

    10. 65. Charges

    11. 66. Reporting

    12. 67. Record keeping

  8. PART 8

    POWERS AND DUTIES OF THE SECRETARY OF STATE

    1. 68. Information for end-users of batteries

    2. 69. Batteries evidence notes

    3. 70. Overarching objective: maximising collection of portable batteries

    4. 71. Increased environmental performance

    5. 72. New recycling technologies

    6. 73. Information for appropriate authorities in relation to producers of industrial or automotive batteries

    7. 74. Reports and information provided by producers of industrial and automotive batteries

    8. 75. Monitoring

  9. PART 9

    DUTIES OF THE APPROPRIATE AUTHORITIES

    1. 76. Registration of producers

    2. 77. Information for appropriate authorities and the Secretary of State in relation to producers of portable batteries

    3. 78. Monitoring

    4. 79. General duties in relation to battery compliance schemes

    5. 80. General duties in relation to approved battery treatment operators and approved exporters

    6. 81. Information: portable batteries

  10. PART 10

    DISCLOSURE OF INFORMATION

    1. 82. Disclosure of information

  11. PART 11

    APPEALS

    1. 83. Right of appeal

    2. 84. Procedure of appeals

    3. 85. Determination of appeals

  12. PART 12

    ENFORCEMENT

    1. 86. Enforcement authorities

    2. 87. Enforcement notices

    3. 88. Powers of entry and inspection

  13. PART 13

    OFFENCES AND PENALTIES

    1. 89. Offences

    2. 90. Penalties

    3. 91. Commencement of proceedings

  14. PART 14

    AMENDMENTS TO OTHER ENACTMENTS

    1. 92. Amendments to other enactments

    1. SCHEDULE 1

      1. PART 1

        Information and declaration to be included in a declaration of compliance by a producer

      2. PART 2

        Information and declaration to be included in a declaration of compliance by a scheme operator

    2. SCHEDULE 2

      Information to be included in an application for registration of producers

    3. SCHEDULE 3

      Approval of proposed schemes

      1. PART 1

        Information to be included in an application for approval

      2. PART 2

        Information to be included in the operational plan

      3. PART 3

        Criteria for approval of a proposed scheme

    4. SCHEDULE 4

      Approval of battery treatment operators and exporters

      1. PART 1

        Information to be included in an application for approval

      2. PART 2

        General conditions of approval

      3. PART 3

        Conditions of approval relating to portable batteries: approved battery treatment operators

      4. PART 4

        Conditions of approval relating to portable batteries: approved battery exporters

    5. SCHEDULE 5

      Crossed out wheeled bin symbol

    6. SCHEDULE 6

      Register of producers

    7. SCHEDULE 7

      Appeals

      1. PART 1

        Procedure of appeals (other than those to the Planning Appeals Commission)

      2. PART 2

        Appeals to the Planning Appeals Commission

    8. SCHEDULE 8

      Amendments to other enactments

Go to Explanatory Note

The Secretary of State makes these Regulations under the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(1).

The Secretary of State is designated(2) for the purposes of that Act in respect of matters relating to batteries and accumulators.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to Community instruments to be construed as a reference to those instruments as amended from time to time.

(1)

1972 c. 68. Paragraph 1A of Schedule 2 to the European Communities Act 1972 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51). Back [1]

(2)

S.I. 2007/3471. Back [2]

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