Q&As

Is a notice requesting a transfer note served under repealed regulations rather than the current regulations unenforceable? For example, a notice served under the Environmental Protection (Duty of Care) Regulations 1991, SI 1991/2839 (as amended) after they were repealed by the Waste (England and Wales) Regulations 2011, SI 2011/988?

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Published on LexisPSL on 07/07/2021

The following Environment Q&A provides comprehensive and up to date legal information covering:

  • Is a notice requesting a transfer note served under repealed regulations rather than the current regulations unenforceable? For example, a notice served under the Environmental Protection (Duty of Care) Regulations 1991, SI 1991/2839 (as amended) after they were repealed by the Waste (England and Wales) Regulations 2011, SI 2011/988?
  • The original position under the Environmental Protection (Duty of Care) Regulations 1991
  • The current position under the Waste (England and Wales) Regulations 2011

Is a notice requesting a transfer note served under repealed regulations rather than the current regulations unenforceable? For example, a notice served under the Environmental Protection (Duty of Care) Regulations 1991, SI 1991/2839 (as amended) after they were repealed by the Waste (England and Wales) Regulations 2011, SI 2011/988?

The original position under the Environmental Protection (Duty of Care) Regulations 1991

Under regulation 2 of the Environmental Protection (Duty of Care) Regulations 1991 (EP(DC) Regs 1991), SI 1991/2839 (now revoked), the transferor and the transferee had to complete and sign a transfer note at the same time as the written description of the waste is transferred. EP(DC) Regs 1991, SI 1991/2839, reg 3 specified that the transferor and the transferee are required to keep the written description of the waste and the transfer note or copies of them for two years from the transfer, while EP(DC) Regs 1991, SI 1991/2839, reg 4 imposed a duty on a person who is under a duty to keep any document by virtue of EP(DC) Regs 1991, SI 1991/2839, reg 3 to furnish a copy of that document to a waste regulation authority if they

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