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The Hazardous Waste Regulations (Northern Ireland) 2005
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- Northern Ireland Statutory Rules
- 2005 No. 300
- PART 6
- Regulation 38
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Changes to Legislation
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Changes and effects yet to be applied to Regulation 38:
- Sch. 4 para. 5 substituted by S.R. 2013/241 reg. 10(2)
- Sch. 10 Pt. 2 para. 7 revoked by S.R. 2009/238 reg. 18 Sch. 8 Pt. 1
- reg. 3A 3B inserted by S.I. 2019/271 reg. 3(4)
- reg. 3A words substituted in earlier amending provision S.I. 2019/271, reg. 3(4) by S.R. 2020/284 reg. 4(2)
- reg. 3A(3)(a)(i) word substituted by S.I. 2025/82 Sch. 10 para. 4(a)
- reg. 3A(4) words omitted in earlier amending provision S.I. 2019/271, reg. 3(4) by S.R. 2020/284 reg. 4(3)(b)(i)
- reg. 3A(5)-(7) substituted in earlier amending provision S.I. 2019/271, reg. 3(4) by S.R. 2020/284 reg. 4(3)(b)(ii)
- reg. 3A(6)(b) words substituted by S.I. 2025/82 Sch. 10 para. 4(b)
- reg. 4(a) substituted by S.R. 2015/238 reg. 5(3)
- reg. 4(a) substituted by S.R. 2015/288 reg. 5(3)
- reg. 9(9)(1) words deleted by S.R. 2015/238 reg. 5(5)(a)
- reg. 9(9)(1) words deleted by S.R. 2015/288 reg. 5(5)(a)
- reg. 9(9)(2) words substituted by S.R. 2015/238 reg. 5(5)(b)
- reg. 9(9)(2) words substituted by S.R. 2015/288 reg. 5(5)(b)
- reg. 10(1A) inserted by S.R. 2011/127 reg. 51(2)
- reg. 18(aa) inserted by S.R. 2011/127 reg. 52(2)
- reg. 19(4) words omitted by S.I. 2019/289 Sch. 1 para. 6(7)(a)
- reg. 19(4) words substituted by S.R. 2020/285 reg. 7(4)
- reg. 19(5)(6) inserted by S.R. 2011/127 reg. 53(2)
- reg. 19(5) substituted by S.R. 2020/285 reg. 7(5)
- reg. 19(6)(a) words substituted by S.I. 2019/289 Sch. 1 para. 6(7)(b)
- reg. 37(3A) inserted by S.R. 2011/127 reg. 55(2)
- reg. 37(3A) substituted by S.R. 2020/285 reg. 7(9)(a)
- reg. 38(1) substituted by S.R. 2020/285 reg. 7(10)(a)
- reg. 38(1) words substituted by S.R. 2011/127 reg. 56(1)
- reg. 38(3) substituted by S.R. 2011/127 reg. 56(2)
- reg. 38(4) word inserted by S.R. 2011/127 reg. 56(3)(a)
- reg. 38(4) words substituted by S.R. 2011/127 reg. 56(3)(b)
- reg. 38(4A) inserted by S.R. 2011/127 reg. 56(4)
- reg 38(7) substituted by S.R. 2020/285 reg. 7(10)(b)
- reg. 48(7) inserted by S.R. 2011/127 reg. 60
Changes and effects yet to be applied to the whole Rule associated Parts and Chapters:
Whole provisions yet to be inserted into this Rule (including any effects on those provisions):
- Sch. 4 para. 5 substituted by S.R. 2013/241 reg. 10(2)
- Sch. 10 Pt. 2 para. 7 revoked by S.R. 2009/238 reg. 18 Sch. 8 Pt. 1
- reg. 3A 3B inserted by S.I. 2019/271 reg. 3(4)
- reg. 3A words substituted in earlier amending provision S.I. 2019/271, reg. 3(4) by S.R. 2020/284 reg. 4(2)
- reg. 3A(3)(a)(i) word substituted by S.I. 2025/82 Sch. 10 para. 4(a)
- reg. 3A(4) words omitted in earlier amending provision S.I. 2019/271, reg. 3(4) by S.R. 2020/284 reg. 4(3)(b)(i)
- reg. 3A(5)-(7) substituted in earlier amending provision S.I. 2019/271, reg. 3(4) by S.R. 2020/284 reg. 4(3)(b)(ii)
- reg. 3A(6)(b) words substituted by S.I. 2025/82 Sch. 10 para. 4(b)
- reg. 4(a) substituted by S.R. 2015/238 reg. 5(3)
- reg. 4(a) substituted by S.R. 2015/288 reg. 5(3)
- reg. 9(9)(1) words deleted by S.R. 2015/238 reg. 5(5)(a)
- reg. 9(9)(1) words deleted by S.R. 2015/288 reg. 5(5)(a)
- reg. 9(9)(2) words substituted by S.R. 2015/238 reg. 5(5)(b)
- reg. 9(9)(2) words substituted by S.R. 2015/288 reg. 5(5)(b)
- reg. 10(1A) inserted by S.R. 2011/127 reg. 51(2)
- reg. 18(aa) inserted by S.R. 2011/127 reg. 52(2)
- reg. 19(4) words omitted by S.I. 2019/289 Sch. 1 para. 6(7)(a)
- reg. 19(4) words substituted by S.R. 2020/285 reg. 7(4)
- reg. 19(5)(6) inserted by S.R. 2011/127 reg. 53(2)
- reg. 19(5) substituted by S.R. 2020/285 reg. 7(5)
- reg. 19(6)(a) words substituted by S.I. 2019/289 Sch. 1 para. 6(7)(b)
- reg. 37(3A) inserted by S.R. 2011/127 reg. 55(2)
- reg. 37(3A) substituted by S.R. 2020/285 reg. 7(9)(a)
- reg. 38(4A) inserted by S.R. 2011/127 reg. 56(4)
- reg. 48(7) inserted by S.R. 2011/127 reg. 60
Producers', holders' and consignors' recordsN.I.
38.—(1) A producer or holder of hazardous waste, and where different from the producer, a consignor of hazardous waste, shall keep a record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of the waste.
(2) Where the waste is transported from the premises where it is produced or held by a person other than the producer or holder the duty in paragraph (1) includes a requirement to keep a record of particulars sufficient to identify that other person.
(3) The producer or holder, as the case may be, shall preserve the records to be made pursuant to this regulation whilst he remains the holder of the waste and for at least three years commencing on the date on which the waste is transferred to another person.
(4) The information to be recorded pursuant to the foregoing provisions of this regulation shall be recorded in a register kept by the producer or holder, as the case may be, for the purpose.
(5) Except where paragraph (6) applies, the register required to be kept and retained by a producer or holder under paragraph (4) of this regulation shall be kept at the premises at which the hazardous waste was produced.
(6) Where the period mentioned in paragraph (3) has not expired, for the remainder of that period the producer or holder shall keep the register at the producer’s or holder’s principal place of business where and only where:
(a)he ceases to have access to the premises in paragraph (5);
(b)his access to the premises in paragraph (5) is not and has never been regular access;
and in either case he shall notify the Department forthwith.
(7) Any register kept and retained under this regulation or shall be produced to and made available for inspection by the Department on request.
Commencement Information
I1Reg. 38 in operation at 16.7.2005, see reg. 1(1)
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