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PRACTICE NOTES
The Control of Pollution (Oil Storage) (England) Regulations 2001 (the English Regulations), SI 2001/2954 and the Water Resources (Control of Pollution) (Oil Storage) (Wales) Regulations 2016 (the Welsh Regulations), SI 2016/359 (together referred to as the Oil Storage Regulations) aim to prevent ground and water pollution. Threshold for storage capacity The Oil Storage Regulations apply to organisations and persons that have custody or control of an oil storage container at business premises and public sector buildings with a capacity of 201 litres or more. The English Regulations also apply to domestic premises or barges in England that have any oil storage containers with a capacity of 3,501 litres or more. Oil storage containers The Oil Storage Regulations apply generally to the storage of oil, subject to exemptions that are different in England and Wales. See table below Hazardous substances—above ground oil storage—Exempt oil storage containers. The Oil Storage Regulations Guidance produced by the Environment Agency (EA) and the Department for Environment, Food & Rural Affairs (Defra), and which applies in England and Wales, provides
PRACTICE NOTES
This Practice Note looks at the requirements under the Petroleum (Consolidation) Regulations 2014 (2014 Regulations), SI 2014/1637 for operators of petrol filling stations to have a petroleum storage certificate from the Petroleum Enforcement Authority and for non-workplace premises storing petrol to have a licence for storage. It also considers the applicability of other health and safety legislation and the environmental permitting regime to the unloading of petrol into storage at petrol stations. Petroleum (Consolidation) Regulations The 2014 Regulations, SI 2014/1637, which came into force on 1 October 2014, apply to: • workplaces that store petrol where petrol is dispensed directly into vehicles, ie petrol filling stations • non-workplace premises storing petrol, ie at private homes, or at clubs/associations General prohibition on the keeping of petrol No person can keep petrol except in accordance with the 2014 Regulations, SI 2014/1637, reg 5 or 13. Regulation 5 provides that operators of petrol filling stations must have a valid petroleum storage certificate. Regulation 13 applies to the storage of petrol in domestic and non-workplace premises. Up to 30
GLOSSARY
Any waste which is hazardous waste for the purposes of the Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894 (as amended).
PRACTICE NOTES
Scope of Practice Note The Hazardous Waste (England and Wales) (Amendment) Regulations 2016, SI 2016/336 revoked Part 5 of the Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894, which removed the requirement for any premise in England, which produced or had removed hazardous waste, to register with the Environment Agency. The requirement for premises in Wales to register with Natural Resources Wales (NRW) has not been affected by this revocation and therefore this Practice Note addresses the registration requirements in Wales. The List of Wastes (England) Regulations 2005, SI 2005/895 were revoked by the Hazardous Waste (Miscellaneous Amendments) Regulations 2015, SI 2015/1360 on 1 July 2015, which also amended in England the Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894. The List of Wastes (Wales) Regulations 2005 were revoked by the Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015, SI 2015/1417. The list of hazardous waste refers to the European List of Waste originally established by Commission Decision 2000/532/EC, which is revised regularly on the basis of new
PRACTICE NOTES
Scope of Practice Note The Hazardous Waste (England and Wales) (Amendment) Regulations 2016, SI 2016/336 revoked Part 5 of the Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894, which removed the requirement for any premise in England, which produced or had removed hazardous waste, to register with the Environment Agency. The requirement for premises in Wales to register with Natural Resources Wales (NRW) has not been affected by this revocation and as such, this Practice Note addresses the registration requirements in Wales. Compliance in Wales In Wales, the Hazardous Waste (Wales) Regulations 2005 set out the regime for the control and tracking of the movement of hazardous waste. In Wales, where hazardous waste is produced at, or removed from any premises except exempt premises (under 500 kg), the premises must be notified to NRW. When premises are notified, the details are placed on a register and a hazardous waste producer registration number called a ‘premises code’ is provided. Exempt premises are where the total aggregated quantity of hazardous
PRACTICE NOTES
The Hazardous Waste (England and Wales) (Amendment) Regulations 2016, SI 2016/336 revoked Part 5 of the Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894, which removed the requirement for any premises in England, which produced or had removed hazardous waste, to register with the Environment Agency (EA). The requirement for all premises in Wales to register with Natural Resources Wales (NRW) has not been affected by this revocation and as such, this Practice Note primarily addresses the registration requirements in Wales. What is hazardous waste? Almost all businesses will produce some hazardous waste. Typical examples include waste: • solvents, eg aerosols, paint remover • chemicals, eg printer toner • batteries • refrigerators containing ozone-depleting substances • asbestos Waste is generally considered hazardous if it (or the material or substances it contains) are harmful to human health or the environment. The definition of waste refers to Directive 2008/98/EC (the Waste Directive). Annex III to the Waste Directive lists the properties of waste which render it hazardous. Waste is further
GLOSSARY
This term is used to describe the contract between a contractor and an employer for the entirety of the works, when some of the works are being sub-contracted out by the contractor. It is commonly referred to as the head or main contract, which distinguishes it from the sub-contracts.
GLOSSARY
On a project where some of the work is sub-contracted, the head or main contractor is the party which enters into a contract with the employer and is ultimately responsible for carrying out the works. The head contractor then sub-contracts some or all of the works to its sub-contractors.
GLOSSARY
A lease taking effect under a freehold, usually subject to one or more underleases. Where A has a freehold and grants a lease to B, and B grants a lease to C, B will have the head lease.
PRECEDENTS
Key information Name of firm [Insert firm name] Name of role holder [Insert name] Reports to [Insert name] Role type [Full-time/Part-time/Contractor][[If a contractor role, insert length of contract]] Primary location [Insert the primary location for this role—if there is a requirement for the role holder to regularly spend time in multiple locations, eg in each regional office, it is worth making sure this is made clear] Remote/hybrid/office-based? [Insert type of work model] Date role commenced [Insert date] Length of probation period [Insert] End of probation review date [Insert date] Role summary • To lead and direct the HR function to deliver a comprehensive human resources
PRECEDENTS
Key information Name of firm [Insert firm name] Name of role holder [Insert name] Reports to [Insert, eg Risk and Compliance Director/Chief risk officer] Role type [Insert, eg Full-time/Part-time/Contractor][If a contractor role, length of contract] Primary location [Insert the primary location for this role—if there is a requirement for the role holder to regularly spend time in multiple locations, eg in each regional office, it is worth making sure this is made clear] Remote/hybrid/office-based? [Insert type of work model] Date role commenced [Insert date] Length of probation period [Insert] End of probation review date [Insert date] Role summary • [To support the Risk [and
PRACTICE NOTES
Who is the Head of State? The monarch is Head of State and is formally: • the Supreme Executive Officer of the State • the Supreme Governor of the Church of England • titular commander-in-chief of the three branches of the armed forces (army, navy, and air force), and • the source of justice and of all titles of honour, distinctions and dignities Foreign affairs, including international treaty-making powers and declarations of war and peace are conducted in the monarch’s name by the executive. This is referred to as the exercise of the royal prerogative (see below). In the absence of a single written constitution, the Crown operates as a symbol for the State with the monarch acting as a figurehead in performing substantive ceremonial duties, such as the State opening of Parliament. Relationship with Parliament The Crown’s dependence on its people is represented through its relationship with Parliament. Originally the monarch exercised the supreme executive, legislative and judicial power of the state in person. Over the