Duty of Care: Difference between revisions

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#a waste management operator who has an [[Environmental Permit]] or [[Registered Exemption]] from such a permit to accept such waste

==Waste Duty of Care Code of Practice==

The '''Waste Duty of Care Code of Practice''' (The Code) sets out practical guidance on how to meet your waste duty of care requirements. It is issued under section 34(7) of the [[Environmental Protection Act 1990]] (the EPA) in relation to the Duty of Care set out in Section 34(1) of that Act<ref name="DOC" />. The Code is applicable in England and Wales; in Scotland the Duty of Care regime is governed by [[The Environmental Protection (Duty of Care) (Scotland) Regulations 2014]].

Failure to comply with the Duty of Care is an offence with no upper limit on the courts' power to fine. In some instances a fixed penalty notice may be issued for failure to comply with the Duty of Care in place of prosecution. The Code is admissible as evidence in legal proceedings for Section 34(1) offences and its rules must be taken into account where relevant to questions raised in the case<ref name="DOC" />.

The ~~occupiers~~ of domestic property ~~disposing of~~ [[Household Waste]] ~~from that~~ property ~~are~~ exempted from the section 34(1) Duty of Care ~~by and have~~ a ~~separate duty of care~~ for the ~~disposal~~ of that waste under Section 34(2A)<ref name="DOC" />.

==Domestic Properties==

The occupier of a domestic property has a duty to take all reasonable measures to ensure [[Household Waste]] is transferred to an Authorised Person - in most cases this is satisfied by the services delivered by the Local Authority as either/or the [[Waste Collection Authority]]/[[Waste Disposal Authority]] and in this case the occupier of a property is exempted from the section 34(1) Duty of Care. However, if the Local Authority is not used i.e. a private business provides a waste collection service (for example a house clearance), then the occupier still has obligations of that waste under Section 34(2A)<ref name="DOC" />. In the event that an occupier has a tradeperson undertaking work on their property, the tradeperson is responsible for the waste they produce, including transport and disposal.

==References==

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 #a waste management operator who has an [[Environmental Permit]] or [[Registered Exemption]] from such a permit to accept such waste
+==Waste Duty of Care Code of Practice==
 The '''Waste Duty of Care Code of Practice''' (The Code) sets out practical guidance on how to meet your waste duty of care requirements. It is issued under section 34(7) of the [[Environmental Protection Act 1990]] (the EPA) in relation to the Duty of Care set out in Section 34(1) of that Act<ref name="DOC" />. The Code is applicable in England and Wales; in Scotland the Duty of Care regime is governed by [[The Environmental Protection (Duty of Care) (Scotland) Regulations 2014]].
 Failure to comply with the Duty of Care is an offence with no upper limit on the courts' power to fine. In some instances a fixed penalty notice may be issued for failure to comply with the Duty of Care in place of prosecution. The Code is admissible as evidence in legal proceedings for Section 34(1) offences and its rules must be taken into account where relevant to questions raised in the case<ref name="DOC" />.
-The occupiers of domestic property disposing of [[Household Waste]] from that property are exempted from the section 34(1) Duty of Care by and have a separate duty of care for the disposal of that waste under Section 34(2A)<ref name="DOC" />.
+==Domestic Properties==
+The occupier of a domestic property has a duty to take all reasonable measures to ensure [[Household Waste]] is transferred to an Authorised Person - in most cases this is satisfied by the services delivered by the Local Authority as either/or the [[Waste Collection Authority]]/[[Waste Disposal Authority]] and in this case the occupier of a property is exempted from the section 34(1) Duty of Care. However, if the Local Authority is not used i.e. a private business provides a waste collection service (for example a house clearance), then the occupier still has obligations of that waste under Section 34(2A)<ref name="DOC" />. In the event that an occupier has a tradeperson undertaking work on their property, the tradeperson is responsible for the waste they produce, including transport and disposal.
 ==References==
 <references />