Legalize / United Kingdom / Statutory-Instrument

The Waste Batteries and Accumulators Regulations 2009

Type Statutory-Instrument

Publication 2009-04-07

Last updated 2025-02-27

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(d) the right of appeal under Part 11;

(e) in the case of a cancellation, the date when the cancellation will take effect, not being earlier than the expiration of the time limit for an appeal against the notice; and

(f) in the case of a suspension—

(i) the date when the suspension will take effect, not being earlier than the date of receipt of the notification;

(ii) the period of the suspension; and

(iii) any steps which are required to be taken in order to bring the suspension to an end.

(6) Where an appeal against a decision to suspend or cancel the approval of a battery treatment operator or exporter is pending—

(a) a decision to cancel the approval of a battery treatment operator or an exporter will not take effect until the appeal is disposed of and—

(i) if the appeal is dismissed or withdrawn, the decision will take effect from the end of the day on which the appeal is dismissed or withdrawn; and

(ii) if the appeal body determines that the decision of the appropriate authority must be altered, the decision will not take effect until the appropriate authority gives effect to the determination;

(b) a decision to suspend approval of a battery treatment operator or an exporter will remain in force.

(7) The approval of a battery treatment operator or exporter ceases to have effect—

(a) on the date on which that person ceases to be a battery treatment operator or an exporter (as the case may be);

(b) if that person requests that its approval should be cancelled, with effect from the date of cancellation that person specifies.

(8) Where approval is suspended or cancelled under this regulation the appropriate authority is not under a duty to refund the whole or any part of the treatment, recycling and export application charge or the extension of approval charge.

Charges

65

(1) Notwithstanding the power to make a charging scheme under section 41 of the Environment Act 1995 , the Environment Agency and SEPA may impose the charges set out in paragraph (2) until—

(a) those charges are superseded by such a charging scheme; or

(b) 1st April 2013,

whichever is the earlier.

(2) The charges referred to in paragraph (1) are—

(a) the application charge (which is required to be paid under regulation 58(c)) set out in paragraph (3);

(b) an extension of approval charge (which is required to be paid under regulation 62(1)(c)) of £110.

(3) The application charge is—

(a) for an applicant who is a battery treatment operator—

(i) if the applicant gives the undertaking mentioned in paragraph (4), £500 for each site in respect of which the application is made;

(ii) otherwise, £2,590 for each site in respect of which the application is made;

(b) for an applicant who is an exporter—

(i) if the applicant gives the undertaking mentioned in paragraph (4), £500;

(ii) otherwise, £2,590.

(4) The undertaking referred to in paragraph (3) is an undertaking, in respect of the relevant approval period, to—

(a) issue batteries evidence notes in respect of not more than 15 tonnes of waste portable batteries; and

(b) accept not more than 150 tonnes of waste automotive and industrial batteries for treatment and recycling.

(5) If an approved battery treatment operator or an approved batteries exporter—

(a) gives the undertaking;

(b) pays the charge set out in paragraph (3)(a)(i) or (3)(b)(i); and

that battery treatment operator or exporter is from the date the limit was exceeded liable to pay the appropriate authority the balance of the charge which would have been payable had the undertaking not been given.

Reporting

66

(1) An approved battery treatment operator or approved battery exporter must provide reports to the appropriate authority—

(a) in the case of information relating to waste portable batteries, for each quarter period of a relevant approval period on or before the last day of the month following the end of that quarter period; and

(b) in the case of information relating to waste industrial and automotive batteries, for each relevant approval period on or before 31st January of the year following the end of that approval period.

(2) The reports referred to in paragraph (1) must be in writing, be signed by the appropriate person, be in the format published by the appropriate authority under regulation 80 and include details of—

(a) in the case of an approved battery treatment operator—

(i) the total amount in tonnes of waste batteries accepted by that approved battery treatment operator at a specified site for treatment and recycling (“relevant waste batteries”) and, for waste portable batteries, the amount by reference to each battery compliance scheme from which they were accepted;

(ii) the total amount in tonnes of relevant waste batteries treated and recycled by that approved battery treatment operator;

(iii) the amount in tonnes of relevant waste batteries delivered to an approved battery exporter for treatment and recycling outside the United Kingdom;

(iv) where paragraph (iii) applies, the name and address of the exporter referred to in that paragraph; and

(v) where paragraph (i), (ii) or (iii) applies, details of the amount in tonnes of relevant waste batteries must be provided by reference to—

(aa) each specified site;

(bb) each category of battery; and

(cc) the chemistry type for each category of battery;

(b) in the case of an approved battery exporter, the total amount of waste batteries in tonnes accepted and then exported for treatment and recycling by reference to—

(i) each category of battery;

(ii) the chemistry type for each category of battery;

(iii) the total number of batteries evidence notes issued;

(iv) for waste portable batteries, the battery compliance scheme from whom they were accepted.

(3) The reports referred to in paragraph (1) must not include details of any waste batteries which have not arisen as waste in the United Kingdom.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Record keeping

67

(1) An approved battery treatment operator or approved battery exporter must maintain records that enable completion of the reports referred to in regulation 66(1) ... in relation to a relevant approval period.

(2) A record maintained under this regulation must be kept for four years from the date on which it is made and must be made available to the appropriate authority on demand.

PART 8 — POWERS AND DUTIES OF THE SECRETARY OF STATE

Information for end-users of batteries

68

The Secretary of State must ensure, in particular through information campaigns, that—

(a) end-users of batteries are fully informed of the potential effects on the environment and human health of the substances used in batteries;

(b) end-users of industrial batteries and automotive batteries are fully informed of—

(i) the desirability of not disposing of waste batteries as unsorted municipal waste and of participating in their separate collection so as to facilitate treatment and recycling;

(ii) their role in contributing to the recycling of waste batteries;

(iii) the collection and recycling schemes available to them; and

(iv) the meaning of the crossed out wheeled bin symbol shown in Schedule 5 and the chemical symbols “Hg”, “Cd” and “Pb”.

Batteries evidence notes

69

The Secretary of State must approve a format for batteries evidence notes.

Overarching objective: maximising collection of portable batteries

70

(1) The Secretary of State must keep the collection rates of all battery compliance schemes under review in order to establish whether, having regard to the environmental impact of transport, the schemes are together meeting the overarching objective of maximising the separate collection of portable batteries in the United Kingdom.

(2) If the Secretary of State considers that the overarching objective is not being met, the Secretary of State must take such steps as the Secretary of State considers necessary to ensure it will be met.

(3) In this regulation—

“collection rate” means for any scheme in a compliance period the percentage obtained by dividing the weight of portable batteries for which the scheme supplies batteries evidence notes under regulation 25 in respect of that compliance period by the average weight per year of portable batteries that scheme members place on the market for the first time in the United Kingdom during the relevant period excluding any portable batteries and accumulators that have left the United Kingdom before being sold to end-users;

“the relevant period” means—for the compliance period 2010, the year 2009;for the compliance period 2011, the years 2009 and 2010;for a compliance period after 2011, the compliance period and the two preceding compliance periods.

Increased environmental performance

71

(1) In relation to battery manufacturers established in the United Kingdom, the Secretary of State must promote research and encourage improvements in the overall environmental performance of batteries throughout their entire life cycle as well as the development and marketing of batteries which contain smaller quantities of dangerous substances or which contain less polluting substances, in particular as substitutes for mercury, cadmium and lead.

(2) In this regulation “dangerous substance” means any substance which has to be considered dangerous under Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, as amended from time to time.

New recycling technologies

72

The Secretary of State must—

(a) encourage the development of new recycling and treatment technologies;

(b) promote research into environmentally friendly and cost-effective recycling methods for all types of batteries; ...

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

73

(1) Where the Secretary of State grants an application for registration made under regulation 43 in respect of a producer of industrial or automotive batteries, the Secretary of State must within 14 days of the date the application is granted provide the appropriate authority with—

(a) details of the information submitted by the producer under regulation 43(2)(c);

(b) the producer's battery producer registration number.

(2) Where the Secretary of State receives a notification under regulation 44, the Secretary of State must within 14 days of receiving the notification send a copy of it to the appropriate authority.

Reports and information provided by producers of industrial and automotive batteries

74

The Secretary of State must publish the format in which—

(a) the information referred to in regulation 40 must be submitted to the Secretary of State in accordance with that regulation;

(b) the information referred to in regulation 41 must be submitted to the Secretary of State in accordance with that regulation; and

(c) an application under regulation 43 and a notification under 44 must be submitted to the Secretary of State in accordance with those regulations.

Monitoring

75

The Secretary of State must monitor—

(a) compliance by producers with their obligations under Part 5;

(b) the accuracy of the information provided by any person in connection with the reporting requirements in regulation 40 or 41; and

(c) the accuracy of the information provided by producers in an application for registration made under regulation 43 or a notification under regulation 44,

and in order to do so the Secretary of State may appoint any person to act on the Secretary of State's behalf.

PART 9 — DUTIES OF THE APPROPRIATE AUTHORITIES

Registration of producers

76

(1) The appropriate authority must maintain and make available in accordance with this regulation a register relating to—

(a) those producers who are registered with it in accordance with regulation 26; and

(b) those producers who are registered with the Secretary of State in accordance with regulation 42 and whose details have been provided to the appropriate authority by the Secretary of State under regulation 73(1),

and containing the information specified in Schedule 6.

(2) The appropriate authority must—

(a) ensure that the register is open to public inspection at its principal office free of charge at all reasonable hours; and

(b) permit any person on request to obtain copies of entries in the register on payment of a reasonable charge.

(3) The register may be kept in any form but must be indexed and arranged so that any person inspecting it can readily trace information contained in it.

(4) The appropriate authority must amend the relevant entry in the register to record any change to the information entered and must note the date on which the amendment is made.

(5) Where the appropriate authority receives—

(a) a notification under regulation 29(2); or

(b) information from the Secretary of State under regulation 73(2),

stating that a producer has ceased to be a producer, that producer's details must not be removed from the register until the compliance period in which the producer ceased to be a producer has ended.

(6) The appropriate authority must publish the format in which—

(a) an application for registration made under regulation 26(3) or 26(4); or

(b) a notification made under regulation 29,

must be made.

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

77

(1) Where an appropriate authority grants an application for registration made under regulation 26(3) or 26(4) in respect of a producer of portable batteries who is also a producer of industrial or automotive batteries, the appropriate authority must within 14 days of the date the application is granted provide the Secretary of State with—

(a) details of the information submitted in respect of the producer under regulation 27(b);

(b) the producer's battery producer registration number.

(2) If an appropriate authority receives a notification under regulation 29 in respect of a producer of portable batteries who is also a producer of industrial or automotive batteries, the appropriate authority must within 14 days of receipt of the notification send a copy of it to the Secretary of State.

(3) If an appropriate authority (“the first authority”)—

(a) receives a notification under regulation 29 in respect of a scheme member or small producer; and

(b) another appropriate authority (“the second authority”) maintains the register on which the information in relation to that scheme member or small producer is entered,

the first authority must within 14 days of receipt of the notification send a copy of it to the second authority.

Monitoring

78

The appropriate authority must monitor—

(a) compliance by producers with their obligations under Parts 2 and 3;

(b) the accuracy of the information provided in, or in connection with, a declaration of compliance;

(d) compliance by approved battery treatment operators and approved battery exporters with their obligations under Part 7;

(e) the accuracy of the information provided by a scheme operator or small producer in an application for registration made under regulation 26(3) or (4);

(f) the accuracy of the information provided by a scheme operator or small producer in a notification made under regulation 29;

(g) the accuracy of the information provided by any person in connection with the requirements to provide information or report in regulation 13, 16(5) and (6), 23, 24 or 66;

(h) the accuracy of the information provided by scheme operators in support of or in connection with an application for approval under regulation 47, together with any changes notified under regulation 52;

(i) the accuracy of the information provided by an approved battery treatment operator or an approved battery exporter in support of or in connection with an application for approval made under regulation 58;

(j) the accuracy of the information provided by an approved battery exporter in support of or in connection with an application for an extension of a grant of approval made under regulation 62.

General duties in relation to battery compliance schemes

79

(1) The appropriate authority must maintain and publish a list of—

(a) all battery compliance schemes that it has approved under regulation 49; and

(b) the scheme operators.

(2) The appropriate authority must issue an annual invoice for payment of the scheme subsistence charge to each scheme operator.

(3) The appropriate authority must publish the format in which—

(a) the information referred to in—

(i) regulation 13;

(ii) regulation 16(5) and (6);

(iii) regulation 23; and

(iv) regulation 24,

must be submitted to it in accordance with those regulations; and

(b) the information referred to in Part 1 of Schedule 3 must be submitted to it in an application for approval made under regulation 47.

General duties in relation to approved battery treatment operators and approved exporters

80

(1) The appropriate authority must maintain and publish a list of all approved battery treatment operators and approved battery exporters.

(2) The appropriate authority must publish the format in which—

(a) an approved battery treatment operator or an approved battery exporter must provide reports under regulation 66;

(b) the information set out in Part 1 of Schedule 4 must be submitted to it in an application for approval made under regulation 58 or in an application for an extension of a grant of approval made under regulation 62.

Information: portable batteries

81

(1) The appropriate authority must publish information—

(a) on the total amount of portable batteries placed on the market for the first time in the United Kingdom in a compliance period by—

(i) small producers; and

(ii) the scheme members of each battery compliance scheme; and

(b) on the total amount of waste portable batteries that are collected by each battery compliance scheme in a compliance period.

(1A) For the purposes of paragraph (1), the total amount of portable batteries placed on the market for the first time in the United Kingdom does not include any portable batteries and accumulators that have left the United Kingdom before being sold to end users.

(2) The information referred to in paragraph (1) must be based on the information provided to the appropriate authority—

(a) by producers under regulation 12(2);

(b) by small producers under regulation 13;

(d) by another appropriate authority.

PART 10 — DISCLOSURE OF INFORMATION

Disclosure of information

82

(1) Subject to paragraph (2), information of any description may be disclosed by—

(a) the Secretary of State;

(b) an appropriate authority; or

to any person for the purpose of facilitating the carrying out by the Secretary of State, that appropriate authority or that enforcement authority of any of their functions under these Regulations.

(2) Nothing in paragraph (1) authorises a disclosure of information which contravenes any express restriction on disclosure imposed by an enactment passed or any other instrument made in the United Kingdom, or in any part of the United Kingdom (ignoring any restriction which allows disclosure if authorised by an enactment or instrument).

(3) Information which—

(a) is information which relates to a trade secret of any person; or

(b) otherwise is or might be commercially confidential in relation to any person,

and which is disclosed to a person under or by virtue of paragraph (1) may not be disclosed by that person to any other person otherwise than in accordance with the provisions of this regulation or the law of, or of any part of, the United Kingdom, which authorises or requires such disclosure.

(4) Any authorisation under or by virtue of paragraph (1) of the disclosure of information by or to any person must also be taken to authorise the disclosure of that information by or to any officer of that person who is authorised to make the disclosure or to receive the information.

PART 11 — APPEALS

Right of appeal

83

(1) An appeal may be made by—

(a) a scheme operator or an operator of a proposed scheme;

(b) a battery treatment operator or an exporter,

against a decision of the Environment Agency, the NRBW, SEPA or the Department of the Environment.

(2) An appeal—

(a) against a decision of the Environment Agency must be made to the Secretary of State...;

(aa) against a decision of the NRBW must be made to the Welsh Ministers;

(b) against a decision of SEPA must be made to the Scottish Ministers; and

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of an appeal by a person mentioned in paragraph (1)(a), a decision means a decision to—

(a) make a determination to refuse approval of that operator's proposed scheme under regulation 49;

(b) withdraw approval of that scheme operator's battery compliance scheme under regulation 54.

(5) For the purposes of an appeal by a person mentioned in paragraph (1)(b), a decision means a decision to—

(a) refuse under regulation 59 to grant an application for approval made by that battery treatment operator or that exporter;

(b) refuse to grant an extension of a grant of approval made to that exporter under regulation 62; or

(c) suspend or cancel a grant of approval made in relation to that battery treatment operator or that exporter under regulation 64.

(6) For the purposes of this Part and Schedule 7, “appeal body” means whichever of the following an appeal is made to in accordance with this regulation—

(a) the Secretary of State;

(b) the Welsh Ministers;

(d) the Planning Appeals Commission.

Procedure of appeals

84

(1) Where an appeal is made to an appeal body under regulation 83, that body may—

(a) appoint a person, with or without payment, to determine the appeal; or

(b) refer any matter involved in the appeal to such person as that body may appoint for the purpose, with or without payment.

(2) If the appellant so requests, or the appeal body so decides, the appeal must include a hearing (which may, if the person hearing the appeal so decides, be held wholly or partly in private).

(3) Part 1 of Schedule 7 has effect with respect to the procedure of any such appeal.

(4) Paragraphs (1) to (3) do not apply in the case of an appeal to the Planning Appeals Commission and where an appeal is made to that appeal body under regulation 83, Part 2 of Schedule 7 has effect in relation to the procedure of the appeal.

Determination of appeals

85

Where, on an appeal made under regulation 83, the appeal body determines that the decision of the appropriate authority must be altered it will be the duty of that appropriate authority to give effect to the determination.

PART 12 — ENFORCEMENT

Enforcement authorities

86

(1) Except as provided by paragraph (2), it is the duty of the Secretary of State to enforce these Regulations and in doing so the Secretary of State may appoint a person to act on the Secretary of State's behalf.

(2) It is the duty of the following authorities to enforce Parts 2 and 3, regulations 32(2), 33(2) and Parts 6 and 7—

(a) in England ..., the Environment Agency;

(aa) in Wales, the NRBW;

(b) in Scotland, SEPA; and

(3) No proceedings for an offence under these Regulations may be instituted in England, Wales or Northern Ireland except by or on behalf of an enforcement authority.

(4) Nothing in these Regulations authorises an enforcement authority to bring proceedings in Scotland for an offence.

(5) In these Regulations, “enforcement authority” means any person mentioned in this regulation.

Enforcement notices

87

(1) Where an enforcement authority has reasonable grounds for suspecting that any of the requirements of the following regulations have not been complied with—

(a) regulations 7, 9, 11 to 13, 15, 16 and 18;

(b) regulations 19, 21 to 25, 32 and 33;

(d) regulations 31 and 34;

(e) regulations 35, 36, 38 to 44 and 46;

(f) regulations 63, 66 and 67,

it may serve a notice on—

(i) in a case under sub-paragraph (a), the producer;

(ii) in a case under sub-paragraph (b), the scheme operator;

(iii) in a case under sub-paragraph (c), the scheme operator or small producer (as the case may be);

(iv) in a case under sub-paragraph (d), the distributor;

(v) in a case under sub-paragraph (e), the producer; and

(vi) in a case under sub-paragraph (f), the approved battery treatment operator or the approved battery exporter (as the case may be).

(2) A notice which is served under paragraph (1) must—

(a) be in writing;

(b) state that the enforcement authority suspects that a requirement of these Regulations referred to in paragraph (1) and specified in the notice (“the specified requirement”) has been contravened;

(d) require the person on whom the enforcement notice is served (“the relevant person”)—

(i) to comply with the specified requirement; or

(ii) to provide evidence to the enforcement authority demonstrating that the specified requirement has been met;

(e) specify the period of time within which the relevant person must comply with the enforcement notice; and

(f) warn the relevant person that unless the specified requirement is complied with, or evidence has been provided within the period specified in the notice, the person may be prosecuted.

(3) Where an enforcement authority serves an enforcement notice on a person under this regulation, proceedings for an offence under regulation 89 may not be commenced unless the time limit specified for compliance in the enforcement notice has expired.

Powers of entry and inspection

88

(1) For the purposes of carrying out any functions under these Regulations, an enforcement officer may exercise the powers of entry and inspection in this regulation.

(2) Subject to the production if so requested of evidence of authorisation as an enforcement officer, an enforcement officer may—

(a) enter at any reasonable time any premises (other than premises occupied only as a person's residence) which that officer considers it necessary to enter;

(b) on entering any premises by virtue of sub-paragraph (a)—

(i) be accompanied by such other persons as may appear to the officer necessary and, where there is reasonable cause to apprehend any serious obstruction in the execution of the enforcement officer's duty, a constable; and

(ii) take any equipment or materials required for any purpose for which the power of entry is being exercised;

(d) take such measurements and photographs and make such recordings as are considered necessary for the purpose of any examination or investigation under sub-paragraph (c);

(e) take samples, or cause samples to be taken, of any records, parts of any records, copies of any records, copies of parts of any records, products and parts of products found in or on any premises which the enforcement officer has power to enter;

(f) in the case of any such sample of a record or product as is mentioned in sub-paragraph (e), take possession of it and detain it for so long as is necessary for any of the following purposes—

(i) to examine it, or cause it to be examined, and to do, or cause to be done, to it anything which the enforcement officer has the power to do under that sub-paragraph;

(ii) to ensure that it is not tampered with before examination of it is completed; and

(iii) to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations or in any other proceedings relating to an enforcement notice under regulation 87;

(g) require any person who is considered to be able to give information relevant to any examination or investigation under sub-paragraph (c) to answer (in the absence of any person other than a person nominated by that person to be present and any person whom the enforcement officer may allow to be present) such questions as the enforcement officer thinks fit to ask and to sign a declaration of the truth of the answers given;

(h) require the production of, or where the information is recorded in computerised form the furnishing of extracts from, any records—

(i) which are required to be kept under these Regulations, or

(ii) which it is necessary to see for the purposes of an examination or investigation under sub-paragraph (c),

and inspect and take copies of, or of any entry in, the records; and

(i) require any person to afford such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as are necessary to enable the enforcement officer to exercise any of the powers conferred on the enforcement officer by this regulation.

(3) In the application of paragraph (2)(b)(i) to Northern Ireland, “constable” has the meaning given in section 43A of the Interpretation Act (Northern Ireland) 1954 .

(4) If a justice of the peace, on written information on oath—

(a) is satisfied that there are reasonable grounds to believe that any information or material relevant to any examination or investigation under paragraph (2)(c) is on any premises; and

(b) is also satisfied either that—

(i) admission to the premises has been, or is likely to be, refused, and that notice of intention to apply for a warrant has been given to the occupier; or

(ii) an application for admission, or the giving of such a notice would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,

the justice may by warrant under the justice's hand, which continues in force for a period of one month, authorise the enforcement officer to enter the premises, if need be by force.

(5) In the application of paragraph (4)—

(a) to Scotland, “justice of the peace” includes a sheriff and a stipendiary magistrate and references to written information on oath are to be construed as references to evidence on oath; and

(b) to Northern Ireland, the references to a “justice of the peace” are to be construed as being references to a “lay magistrate” as defined in section 9 of the Justice (Northern Ireland) Act 2002 .

(6) An enforcement officer on entering any premises by virtue of this regulation may direct that those premises, or any part of them, or anything in them, must be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (2)(c).

(7) An enforcement officer who by virtue of this regulation enters any premises which are unoccupied or from which the occupier is temporarily absent, must leave them as effectively secured against unauthorised entry as they were found.

(8) Nothing in this regulation authorises any person to stop any vehicle on a highway.

(9) No answer given by a person in pursuance of a requirement imposed under paragraph (2)(g) is admissible in evidence in England, Wales and Northern Ireland against that person in any proceedings, or in Scotland against that person in any criminal proceedings.

(10) Nothing in this regulation compels the production by any person of a document of which that person would be entitled to withhold production on grounds of—

(a) legal professional privilege on an order for discovery in an action in the High Court; or

(b) confidentiality in proceedings in the Court of Session in Scotland.

(11) In these Regulations “enforcement officer” means—

(a) an officer of an enforcement authority who is authorised in writing by that authority to act as an enforcement officer for the purposes of this Part; and

(b) a person authorised in writing by the Secretary of State to act as an enforcement officer for the purposes of this Part.

PART 13 — OFFENCES AND PENALTIES

Offences

89

(1) A producer is guilty of an offence who—

(a) contravenes or fails to comply with any requirement of—

(i) regulation 7 (financing: portable batteries);

(ii) regulation 9 (duty to be a member of a battery compliance scheme);

(iii) regulation 11 (information provided to operators of battery compliance schemes);

(iv) regulation 12 (record keeping);

(v) regulation 13 (reporting: portable batteries placed on the market by a small producer);

(vi) regulation 15 (duty to join another scheme on withdrawal of approval);

(vii) regulation 16 (treatment, recycling, record keeping and reporting after withdrawal of scheme approval);

(viii) regulation 18 (declaration of compliance by producer);

(ix) regulation 26(4) (duty of a small producer to register);

(x) regulation 29 (notification of changes to registration details);

(xi) regulation 30 (declaration of battery producer registration number);

(xii) regulation 35 (take back: industrial batteries);

(xiii) regulation 36 (collection: automotive batteries);

(xiv) regulation 38 (treatment and recycling);

(xv) regulation 39 (record keeping);

(xvi) regulation 40 (reporting: industrial and automotive batteries placed on the market);

(xvii) regulation 41 (reporting: waste batteries);

(xviii) regulation 42 (registration of producers: industrial batteries or automotive batteries);

(xix) regulation 43(1) (timing of an application by a producer to register);

(xx) regulation 44 (notification of changes to registration details);

(xxi) regulation 46 (declaration of battery producer registration number);

(b) furnishes information under regulation 11 (information provided to operators of battery compliance schemes), 27 (application by a small producer to register), 29 (notification of changes to registration details), 43 (application by a producer to register) or 44 (notification of changes to registration details) and either—

(i) knows the information to be false in a material particular; or

(ii) furnishes the information recklessly and it is false and misleading in a material particular;

(i) knows the information provided in, or in connection with, the declaration to be false in a material particular; or

(ii) furnishes the information recklessly and it is false and misleading in a material particular;

(d) furnishes a report under regulation 13 (reporting: portable batteries placed on the market by a small producer), 16(5) or (6) (reporting: portable batteries), 40 (reporting: industrial and automotive batteries placed on the market) or 41 (reporting: waste batteries) and either—

(i) knows the information provided in, or in connection with, the report to be false in a material particular; or

(ii) furnishes the information recklessly and it is false and misleading in a material particular.

(2) A scheme operator is guilty of an offence who—

(a) contravenes or fails to comply with any requirement of—

(i) regulation 19 (financing: portable batteries) other than a failure to comply with regulation 19(1)(a) in respect of the compliance period 2010 or 2011;

(ii) regulation 21 (treatment and recycling);

(iii) regulation 22 (record keeping);

(iv) regulation 23 (reporting: batteries placed on the market by scheme members);

(v) regulation 24 (reporting: waste batteries);

(vi) regulation 25 (declaration of compliance by battery compliance scheme);

(vii) regulation 26 (registration of scheme members);

(viii) regulation 29 (notification of changes to registration details);

(ix) regulation 32(2) (duty to arrange for and ensure collection from distributors);

(x) regulation 33(2) (duty to accept waste portable batteries without charge);

(b) furnishes a report under regulation 23 (reporting: batteries placed on the market by scheme members) or 24 (reporting: waste batteries) or makes a notification under regulation 29 (notification of changes to registration details) and either—

(i) knows the information provided in, or in connection with, the report or notification to be false in a material particular; or

(ii) furnishes the information recklessly and it is false and misleading in a material particular;

(c) furnishes a declaration of compliance under regulation 25 (declaration of compliance by battery compliance scheme) and either—

(i) knows the information provided in, or in connection with, the declaration to be false in a material particular; or

(ii) furnishes the information recklessly and it is false and misleading in a material particular.

(3) A distributor is guilty of an offence who contravenes or fails to comply with any requirement of—

(a) regulation 31 (take back);

(b) regulation 34 (prohibition on showing the costs of collection, treatment and recycling of portable batteries).

(4) An approved battery treatment operator or an approved battery exporter is guilty of an offence who—

(a) contravenes or fails to comply with any requirements of—

(i) regulation 63 (conditions of approval);

(ii) regulation 66 (reporting);

(iii) regulation 67 (record keeping);

(b) furnishes a report under regulation 66 (reporting) and either—

(i) knows the information provided in, or in connection with, the report to be false in a material particular; or

(ii) furnishes such information recklessly and it is false and misleading in a material particular.

(5) An enforcement officer or other person who enters any premises by virtue of regulation 88 (powers of entry and inspection) is guilty of an offence if that officer or person discloses to any other person any information obtained by the officer in the premises with regard to any secret manufacturing process or trade secret, unless—

(a) the disclosure was made in the performance of the officer's duty;

(b) the person from whom the information was received has consented to the disclosure; or

(6) A person is guilty of an offence who—

(a) contravenes or fails to comply with any requirement of regulation 56 (prohibition on disposing of waste automotive and industrial batteries in a landfill or by incineration);

(b) contravenes or fails to comply with any requirement of regulation 57 (requirement for approval of battery treatment operators and exporters);

(d) without reasonable cause, fails to comply with an enforcement notice served under regulation 87 (enforcement notices);

(e) without reasonable cause, fails to comply with a requirement imposed under regulation 88 (powers of entry and inspection);

(f) intentionally obstructs—

(i) an enforcement officer acting in the execution of these Regulations; or

(ii) any person accompanying the enforcement officer in accordance with regulation 88(2)(b)(i) and assisting in the exercise or performance of the officer's powers or duties under these Regulations;

(g) without reasonable cause, fails to give to an enforcement officer acting in the execution of these Regulations or any person referred to in paragraph (6)(f)(ii) any assistance or information which may reasonably be required by them for the performance of the enforcement officer's functions under these Regulations;

(h) without reasonable cause, fails to produce a record or information when required to do so by an enforcement officer acting in the execution of these Regulations or any person referred to in paragraph (6)(f)(ii);

(i) furnishes to an enforcement officer acting in the execution of these Regulations or any person referred to in paragraph (6)(f)(ii) any information which the person furnishing—

(i) knows to be false or misleading in a material particular; or

(ii) furnishes recklessly and it is false or misleading in a material particular.

(7) If an offence under these Regulations committed by a body corporate is shown—

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to any neglect on the part of the officer,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(8) If the affairs of a body corporate are managed by its members, paragraph (7) applies in relation to the acts and defaults of a member in connection with the functions of management of that member as if the member were a director of the body.

(9) If an offence under these Regulations committed by a partnership is shown—

(a) to have been committed with the consent or connivance of a partner; or

(b) to be attributable to neglect on the part of a partner,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(10) If an offence under these Regulations committed by an unincorporated body, other than a partnership, is shown—

(a) to have been committed with the consent or connivance of an officer of the body or a member of its governing body, or

(b) to be attributable to any neglect on the part of such an officer or member,

that officer or member as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.

(11) In this regulation—

(a) “officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity; and

(b) “partner” includes a person purporting to act as a partner.

Penalties

90

(1) A person who is guilty of an offence under—

(a) regulation 89(1)(a)(xi);

(b) regulation 89(1)(a)(xxi); or

is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) A person who is guilty of any other offence under regulation 89 is liable—

(a) on summary conviction to a fine not exceeding the statutory maximum;

(b) on conviction on indictment to a fine.

Commencement of proceedings

91

(1) In England and Wales a magistrates' court may try an information, and in Northern Ireland a magistrates' court may try a complaint, in relation to an offence under these Regulations if the information is laid or if the complaint is made within twelve months from the time when the offence is committed.

(2) In Scotland summary proceedings in relation to an offence under these Regulations may be begun at any time within twelve months from the time when the offence is committed.

PART 14 — AMENDMENTS TO OTHER ENACTMENTS

Amendments to other enactments

92

Schedule 8 (which contains amendments to other enactments) has effect.

SCHEDULE 1

PART 1 — Information and declaration to be included in a declaration of compliance by a producer

1

The name and address of the producer.

2

The name and title of the signatory of the declaration.

3

The date of the declaration.

4

The compliance period to which the declaration relates.

5

In relation to the waste portable batteries in respect of which the declaration is being issued—

(a) a declaration that the producer's obligation under regulation 7(2)—

(i) has been met; or

(ii) has not been met; and

(b) the amount in tonnes of waste portable batteries for which the producer has financed the costs of collection, treatment and recycling during the relevant compliance period.

PART 2 — Information and declaration to be included in a declaration of compliance by a scheme operator

6

The name and address of the scheme operator.

7

The name and title of the signatory of the declaration.

8

The date of the declaration.

9

The compliance period to which the declaration relates.

10

In relation to the waste portable batteries in respect of which the declaration is being issued—

(a) a declaration that the scheme operator's obligations under regulation 19(1)—

(i) have been met; or

(ii) have not been met; and

(b) the amount in tonnes of waste portable batteries for which the scheme operator has financed the costs of collection, treatment and recycling during the relevant compliance period.

SCHEDULE 2 — Information to be included in an application for registration of producers

1

The date of the application for registration.

2

The name of the producer and any brand name under which the producer operates or intends to operate in the United Kingdom.

3

The following contact details for the producer—

(a) the full postal address (including post code) and telephone number of—

(i) the producer's registered office; or

(ii) if the producer is not a company registered in the United Kingdom, the producer's principal place of business in the United Kingdom;

(b) a website address; and

4

An address for service of notices on the producer if different from the addresses mentioned in paragraph 3.

5

The name and telephone number of a contact person for the producer, and, where available, a fax number and e-mail address, for that person.

6

An indication of which categories of battery the producer is placing or intends to place on the market in the United Kingdom.

7

Information as to—

(a) whether the producer is meeting or intends to meet its responsibilities under these Regulations individually or collectively; and

(b) if collectively—

(i) the name of the battery compliance scheme of which the producer is a member;

(ii) the name of the scheme operator; and

(iii) the address and telephone number of the registered office of the scheme operator or, if not a company registered in the United Kingdom, the principal place of business and telephone number of the scheme operator in the United Kingdom.

8

If the producer has been registered under these Regulations within the last 5 compliance periods the producer's battery producer registration number.

9

A signed declaration of the truth of the information provided and the name and title of the signatory of the declaration.

SCHEDULE 3 — Approval of proposed schemes

PART 1 — Information to be included in an application for approval

1

The name of the proposed scheme.

2

The name of the operator of the proposed scheme.

3

The address and telephone number of—

(a) the registered office of the operator of the proposed scheme; or

(b) if the operator is not a company registered in the United Kingdom, the principal place of business and telephone number of that operator in the United Kingdom.

4

Where the operator of the proposed scheme is a partnership or a limited liability partnership, the names of all the partners or members of the partnership, as the case may be.

5

An address for service of notices if different from that referred to in paragraph 3.

6

Confirmation that the rules of the proposed scheme provide—

(a) that a scheme member must apply to join the scheme for a minimum period of—

(i) one relevant compliance period; or

(ii) in the case of a producer who does not become a producer until after the start of a relevant compliance period, the remainder of that relevant compliance period;

(b) that where a scheme member's membership is cancelled, any such cancellation does not take effect until the end of the compliance period.

7

(1) A statement as to whether or not the operator of the proposed scheme has been convicted of an offence under—

(a) regulation 89(2);

(b) regulation 73(3) or (4) of the Waste Electrical and Electronic Equipment Regulations 2006 ; or

(c) the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 or the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024, committed in the operator's capacity as an operator of a scheme under those Regulations.

(2) If the operator has been convicted of such an offence, an explanation of—

(a) how every contravention which resulted in such a conviction occurred;

(b) any steps which have been taken to ensure that such a contravention will not recur.

8

Confirmation that the rules of the proposed scheme provide—

(a) for an arbitration procedure to determine disputes between scheme members and between scheme members and the scheme operator;

(b) for dissemination of important information to scheme members in an accurate and timely way;

(c) in the case of withdrawal of approval under regulation 54, for the allocation of batteries evidence notes owned by the proposed scheme to each scheme member in proportion to the quantity of batteries placed on the market by the member, relative to the other members, in the compliance period up to the point of such withdrawal.

PART 2 — Information to be included in the operational plan

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Criteria for approval of a proposed scheme

11

That the rules of the proposed scheme provide—

(a) that a scheme member must apply to join the scheme for a minimum period of—

(i) one relevant compliance period; or

(ii) in the case of a producer who does not become a producer until after the start of a relevant compliance period, the remainder of that relevant compliance period;

(b) that where a scheme member's membership is cancelled, any such cancellation does not take effect until the end of the compliance period;

(c) for an arbitration procedure to determine disputes between scheme members and between scheme members and the scheme operator;

(d) for dissemination of important information to scheme members in an accurate and timely way;

(e) in the case of withdrawal of approval under regulation 54, for the allocation of batteries evidence notes owned by the scheme to each scheme member in proportion to the quantity of batteries placed on the market by the member, relative to the other members, in the compliance period up to the point of such withdrawal.

12

That the proposed scheme has the necessary resources and systems in place to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) maintain up to date records of its scheme members, including—

(i) the information necessary to comply with regulation 29; and

(ii) their battery producer registration numbers;

(d) keep, update and make available records to the appropriate authority as required by regulation 22;

(e) provide information to the appropriate authority as required by regulations 23 and 24;

(f) submit declarations of compliance and supporting batteries evidence notes as required by regulation 25;

(g) ensure that scheme members are registered with the authority as required by regulation 26 and notify the authority of changes to registration details as required by regulation 29;

(h) check that the information provided to it by its scheme members under regulation 11 is as accurate as reasonably possible and ensure that the scheme operator will meet the same standard when submitting that information to the appropriate authority; and

(i) maintain good environmental practices.

13

That the operator of the proposed scheme is likely to be able to meet the expected treatment, recovery and recycling obligations for the first three compliance periods to which the application relates.

14

That the proposed scheme is likely to—

(a) assist in meeting the United Kingdom's obligation to maximise the separate collection of waste batteries; and

(b) in doing so, have regard to the environmental impact of transport.

15

(1) That the operator of a proposed scheme—

(a) will co-operate with the other scheme operators to ensure the collection of waste portable batteries from distributors in accordance with regulation 32(2);

(b) will provide reasonably situated and accessible facilities to ensure that economic operators and waste collection authorities are able to exercise their right under regulation 33(1);

(c) will operate a scheme information campaign which will ensure that end-users of portable batteries are fully informed of the points listed in paragraph 10(a) to (d);

(d) has viable plans to collect a quantity of waste portable batteries which is neither significantly higher or significantly lower than the quantity required to satisfy the scheme operator's obligation under regulation 19(1)(a) to finance the net costs for which each scheme member is responsible.

(2) In sub-paragraph (1)(c), “a scheme information campaign” means a campaign to disseminate information to ensure that end-users of portable batteries are fully informed of—

(a) the desirability of not disposing of waste batteries as unsorted municipal waste and of participating in their separate collection so as to facilitate treatment and recycling;

(b) the collection and recycling facilities available to them;

(d) the meaning of the symbol of the crossed-out wheeled bin shown in Schedule 5 and the chemical symbols “Hg”, “Cd” and “Pb”.

SCHEDULE 4 — Approval of battery treatment operators and exporters

PART 1 — Information to be included in an application for approval

1

The name of the battery treatment operator or exporter.

2

The registered office address and telephone number of the battery treatment operator or exporter or, if the battery treatment operator or exporter is not a company registered in the United Kingdom, its principal place of business and telephone number in the United Kingdom.

3

Where the battery treatment operator or exporter is a partnership or a limited liability partnership, the names of all the partners or members of the partnership, as the case may be.

4

Where the battery treatment operator or exporter is a body other than a company registered in the United Kingdom, partnership or limited liability partnership, the name of a person having control or management of that body.

5

An address for service of notices if different from that referred to in paragraph 2.

6

The year for which approval is applied for.

7

In the case of an application made by a battery treatment operator for approval to—

(a) issue batteries evidence notes in respect of waste portable batteries accepted for treatment and recycling; or

(b) treat and recycle waste industrial or automotive batteries accepted for treatment and recycling,

the name and address of each site in relation to which the battery treatment operator is applying for that approval.

8

In the case of an application made by an exporter—

(a) the name and address of each site to which it is proposed to export batteries for treatment or recycling;

(b) in respect of each site named in accordance with sub-paragraph (a)—

(i) the amount in tonnes of waste batteries that it is proposed to export to that site for treatment or recycling by reference to each category of battery; and

(ii) the applicable treatment or recycling operations carried out by that site.

9

Confirmation of whether or not the battery treatment operator or exporter has been convicted of an offence under these Regulations; and where a positive confirmation is given an explanation of how the contravention of these Regulations which resulted in the conviction occurred and what steps have been taken to ensure such a contravention will not occur in the future.

PART 2 — General conditions of approval

10

(1) An approved battery treatment operator must ensure that the requirements of sub-paragraph (3) are met in relation to waste batteries accepted at a specified site by that approved battery treatment operator for treatment and recycling by, or on behalf of, that approved battery treatment operator.

(2) An approved battery exporter must ensure that—

(a) waste batteries are exported for treatment or recycling at a site in relation to which the exporter is approved; and

(b) the requirements of sub-paragraph (3) are met by each establishment or undertaking to which it exports waste batteries for treatment or recycling.

(3) The requirements of this sub-paragraph are that—

(a) treatment and recycling of waste batteries—

(i) uses best available techniques, in terms of the protection of health and the environment;

(ii) complies, as a minimum, with assimilated law and, in relation to Northern Ireland, EU legislation which has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement, in particular as regards health and safety and waste management;

(b) treatment of waste batteries meets the following minimum requirements—

(i) treatment must, as a minimum, include removal of all fluids and acids; and

(ii) treatment and any storage, including temporary storage, at treatment facilities must take place in sites with impermeable surfaces and suitable weatherproof covering or in suitable containers;

(c) subject to sub-paragraph (4), recycling of waste batteries meets the following minimum recycling efficiencies and associated requirements—

(i) recycling of 65% by average weight of lead-acid batteries, including recycling of the lead content to the highest degree that is technically feasible while avoiding excessive costs;

(ii) recycling of 75% by average weight of nickel-cadmium batteries, including recycling of the cadmium content to the highest degree that is technically feasible while avoiding excessive costs; and

(iii) recycling of 50% by average weight of other waste batteries.

(4) The requirements of sub-paragraph (3)(c) are not required to be met at any time before 26th September 2011.

11

An approved battery treatment operator or approved battery exporter must comply with the requirements of regulation 66.

12

(1) An approved battery treatment operator must hold a relevant authorisation in respect of any treatment of waste batteries accepted at a specified site to be carried out by it.

(2) In sub-paragraph (1), “relevant authorisation” means one of the following—

(a) an environmental permit granted under regulation 13 of the Environmental Permitting (England and Wales) Regulations 2016;

(b) an exempt waste operation under the Environmental Permitting (England and Wales) Regulations 2016 or any other operation exempt from the requirements of section 33(1)(a) and (b) of the Environmental Protection Act 1990 under those Regulations.

(d) an authorisation granted under section 6 of the Environmental Protection Act 1990 (“the 1990 Act”);

(e) a waste management licence granted under section 36 of the 1990 Act ;

(f) an exemption registered or otherwise permitted under regulations 17 and 19 of the Waste Management Licensing (Scotland) Regulations 2011;

(g) a permit granted under regulation 10 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003 ;

(h) an exemption registered under regulation 18 of the Waste Management Licensing Regulations (Northern Ireland) 2003 ;

(i) a waste management licence granted under article 8 of the Waste and Contaminated Land (Northern Ireland) Order 1997 .

PART 3 — Conditions of approval relating to portable batteries: approved battery treatment operators

13

An approved battery treatment operator must not issue a batteries evidence note unless—

(a) it relates to waste portable batteries accepted at a specified site for treatment and recycling by, or on behalf of, that approved battery treatment operator in a relevant approval period;

(b) it is issued with respect to waste portable batteries that have arisen as waste in the United Kingdom;

14

An approved battery treatment operator must record a quantity of waste portable batteries on a batteries evidence note in tonnes.

15

An approved battery treatment operator must retain a duplicate copy of any batteries evidence note issued by it and make that duplicate available for inspection by the appropriate authority at all reasonable times.

16

An approved battery treatment operator must not issue a batteries evidence note for more than the total amount of waste portable batteries—

(a) accepted at a specified site for treatment and recycling by, or on behalf of, the approved battery treatment operator in the relevant approval period; and

(b) which is capable of being recycled no later than the end of the year following the relevant approval period.

17

An approved battery treatment operator must not issue a batteries evidence note in respect of any waste portable battery that has previously been accepted by another approved battery treatment operator.

18

An approved battery treatment operator must issue batteries evidence notes in the format approved by the Secretary of State under regulation 69.

19

An approved battery treatment operator must issue a batteries evidence note only to—

(a) a scheme operator;

(b) a producer of portable batteries who is not a scheme member or a small producer.

20

An approved battery treatment operator must not issue a batteries evidence note which relates to waste portable batteries accepted for treatment and recycling in any relevant approval period after 30th April in the year following the relevant approval period.

21

An approved battery treatment operator must not arrange for the export of waste portable batteries which it has accepted other than by an approved battery exporter.

PART 4 — Conditions of approval relating to portable batteries: approved battery exporters

22

An approved batteries exporter must not issue a batteries evidence note unless—

(a) it relates to waste portable batteries accepted by that exporter in a relevant approval period for treatment and recycling at a site in relation to which the exporter is approved;

(b) it is issued in respect of waste batteries that are exported in accordance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste with respect to waste portable batteries that have arisen as waste in the United Kingdom and that have been exported for treatment and recycling at an establishment or undertaking outside the United Kingdom;

(d) it specifies the quantity in tonnes of waste portable batteries that have been accepted for export for treatment and recycling.

23

An approved batteries exporter must record a quantity of waste portable batteries on a batteries evidence note in tonnes.

24

An approved batteries exporter must retain a duplicate copy of a batteries evidence note issued under these Regulations and make it available for inspection by the appropriate authority at all reasonable times.

25

An approved batteries exporter must not issue a batteries evidence note—

(a) for more than the total amount of waste portable batteries exported by that exporter; or

(b) for waste batteries that are partially treated or recycled in the United Kingdom before being exported by that exporter.

26

An approved batteries exporter must issue batteries evidence notes only in the format approved by the Secretary of State under regulation 69.

27

An approved batteries exporter must issue a batteries evidence note only to—

(a) an scheme operator;

(b) a producer who is not a scheme member or a small producer.

28

An approved batteries exporter must not issue a batteries evidence note which relates to waste batteries accepted for treatment or recycling in any relevant approval period after 30th April in the year following the relevant approval period.

SCHEDULE 5 — Crossed out wheeled bin symbol

SCHEDULE 6 — Register of producers

1

The name of the producer and any brand name under which the producer operates in the United Kingdom.

2

The following contact details for the producer—

(a) the full postal address (including post code) and telephone number of—

(i) the producer's registered office; or

(ii) if the producer is not a company registered in the United Kingdom, the producer's principal place of business in the United Kingdom;

(b) a website address; and

3

An address for service of notices on the producer if different from the addresses mentioned in paragraph 2.

4

An indication of the categories of battery placed on the market by the producer.

5

Information as to—

(a) whether the producer meets its responsibilities under these Regulations individually or collectively; and

(b) if collectively—

(i) the name of the battery compliance scheme;

(ii) the name of the scheme operator; and

(iii) the address and telephone number of the registered office of the scheme operator or, if not a company registered in the United Kingdom, the principal place of business and telephone number of the scheme operator in the United Kingdom.

6

The producer's battery producer registration number.

7

The date of the application for registration.

SCHEDULE 7 — Appeals

PART 1 — Procedure of appeals (other than those to the Planning Appeals Commission)

1

(1) Where a person wishes to appeal to an appeal body under regulation 83, that person must do so by notice in writing served on that appeal body.

(2) The notice mentioned in sub-paragraph (1) must be accompanied by—

(a) a statement of the grounds of appeal;

(b) where the appeal relates to refusal to grant approval under regulation 49 or 59, a copy of the appellant's application and any supporting documents;

(c) where the appeal relates to refusal to grant an extension of approval under regulation 62, a copy of the appellant's application and any supporting documents;

(d) where the appeal relates to withdrawal of approval under regulation 54, a copy of the notification of the decision and any supporting documents;

(e) where the appeal relates to suspension or cancellation of approval under regulation 64, a copy of the notification of the decision and any supporting documents;

(f) a copy of any correspondence relevant to the appeal;

(g) a copy of any other document relevant to the appeal; and

(h) a statement indicating whether the appellant wishes the appeal to include a hearing or to be determined on the basis of written representations.

(3) The appellant must serve a copy of the notice of appeal on the appropriate authority whose decision is being appealed together with copies of the documents mentioned in sub-paragraph (2).

2

(1) Subject to sub-paragraph (2), notice of appeal must be given before the expiry of the period of two months beginning with the date of the decision that is the subject of the appeal.

(2) The appeal body may for good reason at any time allow notice of an appeal to be given after the expiry of the period mentioned in sub-paragraph (1).

3

Where under regulation 84(2) the appeal includes a hearing, the person hearing the appeal must, unless appointed to determine an appeal under regulation 84(1)(a), make a written report to the appeal body that appointed the person under regulation 84(1)(b) which must include conclusions and recommendations or reasons for not making any recommendations.

4

(1) The appeal body or other person determining an appeal must notify the appellant in writing of the decision and of the reasons for that decision.

(2) If the appeal body determines an appeal after a hearing under regulation 84(2), it must provide the appellant with a copy of any report made to it under paragraph 3.

(3) The appeal body or other person determining an appeal must, at the same time as notifying the appellant of the decision, send the appropriate authority a copy of any document sent to the appellant under this paragraph.

PART 2 — Appeals to the Planning Appeals Commission

5

A person who wishes to appeal to the Planning Appeals Commission (“the appeals commission”) under regulation 83 shall give to the appeals commission notice in writing of the appeal together with a statement of the grounds of appeal and the appeals commission shall as soon as is reasonably practicable send to the appropriate authority whose decision is being appealed a copy of that notice together with the statement of the grounds of appeal.

6

An appellant may withdraw an appeal by notifying the appeals commission and the appeals commission shall as soon as is reasonably practicable notify the appropriate authority whose decision is being appealed.

7

Notice of appeal in accordance with paragraph 5 is to be given before the expiry of the period of two months beginning with the date of the decision that is the subject of the appeal.

8

The appeals commission shall determine the appeal and paragraphs (1), (3), (4) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991 shall apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order.

9

The appeals commission shall determine the process for determining appeals taking into account any requests of either party to the appeal.

SCHEDULE 8 — Amendments to other enactments

Amendment to the Environment Act 1995

1

(1) Section 41(1) of the Environment Act 1995 (power to make schemes imposing charges) is amended as follows.

(2) After paragraph (f), insert—

(g) as a means of recovering costs incurred by it in performing functions conferred by regulations made for the purpose of implementing Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators, as amended from time to time, each of the new Agencies may require the payment to it of such charges as may from time to time be prescribed.

Amendments to the Environmental Permitting (England and Wales) Regulations 2007

2

(1) The Environmental Permitting (England and Wales) Regulations 2007 are amended as follows.

(2) In regulation 2(1)—

(a) after the definition of “appropriate authority”, insert—

“the Batteries Directive” means Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC;

(b) after the definition of “waste”, insert—

“waste battery or accumulator” has the meaning given by Article 3(7) of the Batteries Directive, but does not include any waste which is excluded from the scope of that Directive by Article 2(2);

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) After regulation 68, insert—

(68A) (1) Paragraph (2) applies to any environmental permit which— (a) immediately before the coming into force of the Waste Batteries and Accumulators Regulations 2009, authorised a waste operation which involves treatment of waste batteries or accumulators; and (b) does not require compliance with Article 12(2) of the Batteries Directive. (2) If this paragraph applies, the environmental permit must be read as if it contained the following condition— Treatment of waste batteries and accumulators must meet the minimum requirements set out in Annex III, Part A of Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC. (3) In this regulation, “treatment” has the meaning given in Article 3(10) of the Batteries Directive.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Lord Davies of Abersoch — Minister for Trade and Investment, — 2009-04-07

Explanatory note

(This note is not part of the Regulations)

Portable batteriesParts 2, 3, 4 and 6 of the Regulations make provision specifically in relation to portable batteries.

Automotive and industrial batteriesPart 5 of the Regulations makes provision specifically in relation to industrial and automotive batteries.

Provision common to all categories of batteryPart 7 makes provision in relation to disposal, treatment and recycling of waste batteries.

Footnotes

[^f00001]: 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).

[^f00002]: S.I. 2007/3471.

[^f00003]: OJ No L 37, 13.2.2003, p 24. Directive as last amended by Directive 2008/112/EC (OJ No L 345, 23.12.2008, p 68).

[^f00004]: OJ No L 24, 29.1.2008, p 8.

[^f00005]: 2006 c. 46.

[^f00006]: 1985 c. 6.

[^f00007]: S.I. 1986/1032 (N.I. 6).

[^f00008]: OJ No L 114, 27.4.2006, p 9.

[^f00009]: 1990 c. 43. Section 51 has been amended by section 31 of the Waste and Emissions Trading Act 2003 (c. 33) and Part 4 of Schedule 5 to the Clean Neighbourhoods and Environment Act 2005 (c. 16).

[^f00010]: 1995 c. 25. Section 41 is amended by regulation 94 of and Schedule 8 to these Regulations. There are other amendments which are not relevant to these Regulations.

[^f00011]: S.R. 2009/157.

[^f00012]: 1964 c. 49. Section 9(1) has been amended by paragraph 2 of the Schedule to the Vehicles (Crime) Act 2001 (c. 3).

[^f00013]: S.I. 2005/263.

[^f00014]: S.I. 1991/1220 (N.I. 19) as amended by S.I. 1999/663, and S.R. 2003/430 (N.I. 8).

[^f00015]: OJ No L 144, 4.6.1997, p 19. Directive as last amended by Directive 2007/64/EC (OJ No L 319, 5.12.2007, p 1).

[^f00016]: 1990 c. 43. Section 30(3) has been amended by the Local Government (Wales) Act 1994, Schedule 9, paragraph 17 and Schedule 18 and the Local Government etc (Scotland) Act 1994, Schedule 13, paragraph 167.

[^f00017]: 1972 c. 9 (N.I.).

[^f00018]: Section 30(2) has been amended by the Local Government (Wales) Act 1994, Schedule 9, paragraph 17 and the Local Government etc (Scotland) Act 1994, Schedule 13, paragraph 167.

[^f00019]: 1978 c. 30.

[^f00020]: The application of Directive 2006/66/EC was extended to the EEA states by Decision 141/2007 of the European Economic Area Joint Committee (OJ No L 100, 10.4.2008, p 68).

[^f00021]: 1995 c. 25. Section 41 is amended by regulation 95 and Schedule 8 of these Regulations. There are other amendments which are not relevant to these Regulations.

[^f00022]: S.R. 2009/157.

[^f00023]: S.I. 2006/3289, as amended by S.I. 2007/3454.

[^f00024]: S.I. 2007/871, as amended by S.I. 2008/413. There are other amendments not relevant to these Regulations.

[^f00025]: 1995 c. 25. Section 41 is amended by regulation 95 of and Schedule 8 to these Regulations. There are other amendments which are not relevant to these Regulations.

[^f00026]: OJ No L 182, 16.7.1999, p 1. Directive as last amended by Regulation (EC) No 1137/2008 (OJ No L 311, 21.11.2008, p 1).

[^f00027]: 1995 c. 25. Section 41 is amended by regulation 95 of and Schedule 8 to these Regulations. There are other amendments which are not relevant to these Regulations.

[^f00028]: 2006 c. 46.

[^f00029]: Regulation 5 of the Batteries and Accumulators (Placing on the Market) Regulations 2008 (S.I. 2008/2164) requires the marking with the crossed out wheeled bin symbol of batteries or battery packs placed on the market in the UK. Regulation 6 of that instrument requires the marking of batteries placed on the market in the UK where they contain more than the prescribed proportion of mercury, cadmium or lead with the chemical symbols, respectively “Hg”, “Cd” or “Pb”.

[^f00030]: OJ No L 196, 16.8.1967, p 1; English special edition, Series I chapter 1967, p 234. Directive as last amended by Commission Directive 2009/2/EC (OJ No L 11, 16.1.2009, p 6).

[^f00031]: OJ No L 114, 24.4.2001, p 1. Regulation as last amended by Commission Regulation 2006/196/EC (OJ No L 32, 4.2.2006, p 4).

[^f00032]: 1954 c. 33 (N.I.). Section 43A was inserted by paragraph 1 of Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32).

[^f00033]: 2002 c. 26. Section 9 is amended by Schedule 13 to the 2002 Act itself and is further amended from a date to be appointed by paragraph 41 of Schedule 3 to that Act. Section 9 has also been amended by the Constitutional Reform Act 2005 (c. 4), Schedule 5, paragraph 117.

[^f00034]: S.I. 2006/3289, as amended by S.I. 2007/3454.

[^f00035]: S.I. 2007/871, as amended by S.I. 2008/413. There are other amendments not relevant to these Regulations.

[^f00036]: Regulation 5 of the Batteries and Accumulators (Placing on the Market) Regulations 2008 (S.I. 2008/2164) requires the marking with the crossed out wheeled bin symbol of batteries or battery packs placed on the market in the UK. Regulation 6 of that instrument requires the marking of batteries placed on the market in the UK where they contain more than the prescribed proportion of mercury, cadmium or lead with the chemical symbols, respectively “Hg”, “Cd” or “Pb”.

[^f00037]: S.I. 2007/3538.

[^f00038]: 1990 c. 43. Section 33(1) was amended section 120 and Schedule 24 of the Environment Act 1995 (c. 25), and by regulation 73 and paragraphs 2 and 4 of Schedule 21 to the Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538).

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