Waste duty of care meaning

In this issue: Autumn Budget 2024 Social care Social housing Education Governance Children’s social care Healthcare Pensions Planning LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Latest Q&A Autumn Budget 2024 Welsh Government responds to Autumn Budget 2024 The Welsh Government has issued a written statement from the Cabinet Secretary for Finance and the Welsh Language, Mark Drakeford, addressing the Autumn Budget 2024. Wales will receive an extra £774m. Drakeford characterises the Budget as a positive boost for Wales, supporting citizens, communities, local enterprises and public services across the country nationwide. See: LNB News 31/10/2024 33. Social care When is a private care provider exercising a public function for the purposes of section 6 Human Rights Act 1998? (Sammut v Next Steps Mental Healthcare Ltd) Because the provider did not validly obtain authorisation for depriving a patient of liberty in its...

In this issue: Social housing Education Planning Local government finance Public procurement Governance Healthcare Social care Licensing Environmental law and climate change LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Social housing Local authority successful in Court of Appeal on suitability of accommodation offered in performance of prevention duty (Fatolahzadeh v LB of Barnet) Fatolahzadeh v LB of Barnet saw Genevieve Screeche-Powell represent the council, which prevailed in resisting a Housing Act 1996 (HA 1996), section 204 appeal pursued by a homeless applicant. Two central issues of principle arose: (i) whether Parliament intended that an alleged non-compliance with the ‘new’ HA 1996, s 189A duties should automatically vitiate any later decision taken to meet the duty to secure suitable accommodation; and (ii) the extent to which the section 202 review procedure can rectify asserted shortcomings. This marks the first occasion on which the Court...

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Judicial review Public procurement State security and intelligence Information law Equality and human rights Subsidy control and state aid State accountability and liability Other Public law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights The ‘point in time’ for EUSS dependency (Ali (R) v SSHD) In Ms Fatima Ali’s appeal, the Court of Appeal examined the dependency criteria for family members over 21 under Directive 2004/38/EC and the Withdrawal Agreement. It found the Secretary of State’s view—that dependency must be constant and enduring financial reliance on the EU citizen—was at odds with both instruments. The court ruled that dependency is to be evaluated at the point of the initial application to join the EU citizen, and that later employment under Article...

This Practice Note addresses the duty of care for extractive waste in England and Wales only. For guidance on the duty of care relating to controlled waste, see Practice Note: Waste duty of care—controlled waste. Under section 34(6) of the Environmental Protection Act 1990 (EPA 1990), it is a criminal offence to breach that duty by failing to take all steps that are reasonable in the circumstances. Scope of the extractive waste duty of care EPA 1990, s 34(1A) provides that any person responsible for managing extractive waste must, so far as is reasonable in the circumstances and applicable to them, take measures to: prevent any other person contravening EPA 1990, s 33 in respect of the unauthorised or harmful deposit, treatment or disposal of waste prevent any other person breaching the requirement to hold an environmental permit under the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154, reg 12, or a condition of an environmental permit, and prevent the...

At 11 pm (GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s departure from the EU concluded. From this point—labelled ‘IP completion day’ in UK legislation—principal transitional provisions ended and major changes began to operate across the UK legal regime. For guidance on CE and UKCA marking, the revisions made by the Waste (Miscellaneous Amendments) (EU Exit) (No 2) Regulations 2019, SI 2019/188 and the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020, SI 2020/1647, and on post-Brexit divergences, see Practice Note: GB Restriction of hazardous substances (GB RoHS)—scope—Brexit. RoHS Regulations 2012 The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012, SI 2012/3032 (RoHS Regulations 2012) implement Directive 2011/65/EU on restricting the use of certain hazardous substances in electrical and electronic equipment (RoHS 2). RoHS 2 replaced the former RoHS Directive 2002/95/EC, which in the UK had been implemented by the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic...

Across the UK, waste originates from many streams, including the public sector, commercial enterprises, industry, agriculture, mining, forestry, fishing and households. Local authorities (LAs) have statutory responsibilities to arrange the collection and disposal of household waste within their boundaries. To fulfil this, they provide householders with services such as kerbside collections, bulky item pick-ups, ‘bring banks’—unmanned points with containers for recyclables—and household waste recycling centres (HWRCs). LAs are also required, when asked, to arrange the collection of commercial waste from premises in their areas and to keep highways and roads free from litter and refuse. Across the UK, devolved administrations determine waste management strategy and policy, meaning each nation sets its own targets and approaches for monitoring progress. Duty to collect waste Subject to certain exceptions, waste collection authorities (WCAs) in England and Wales are required to arrange the collection of household waste and, upon request, commercial and industrial waste. In relation to industrial waste, a WCA in England and Wales must not...

What is the waste duty of care? Under section 34(1) of the Environmental Protection Act 1990 (EPA 1990), businesses are required to handle controlled waste safely and dispose of it lawfully. This obligation is called the waste duty of care. Controlled waste covers household, industrial and commercial waste, and anything of that kind. In brief, the duty means waste holders must: ensure their waste goes to a suitably permitted facility ensure anyone managing their waste complies with permit conditions prevent the escape of waste transfer waste only to a registered carrier or authorised permit holder provide a written description of the waste when it is transferred Failure to meet these duties is an offence under EPA 1990, s 34(6), and is punishable: on summary conviction, by a fine not exceeding the statutory maximum on conviction on indictment, by a fine Who does the waste duty of care apply to?...

A tenant’s obligations A tenant is under an implied duty to use the rented premises in a tenant-like manner. In Warren v Keen, the Court of Appeal (per Denning LJ) described this as taking proper care of the home and doing the small tasks a reasonable tenant would attend to. Frequently, tenancy agreements include express terms about how the property is to be used and any duties to keep it in good repair; these express provisions supersede the implied obligation. In addition, a tenant owes a tortious duty under the doctrine of waste, meaning they must not do, or fail to do, anything that brings about a permanent alteration to the property’s nature. Removing fixtures Allowing the property to fall into decay A landlord’s remedy once the tenancy has been determined Where a tenant has failed to meet their repairing obligations, the landlord is entitled to claim damages even after the tenancy has come to an end...