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Key definition
Exclusion definition

What does Exclusion mean? In school discipline, exclusion is the formal removal of a pupil from attending school, either temporarily or permanently, in response to serious misconduct. It operates under statute and statutory guidance, with procedural safeguards such as written reasons, an opportunity to make representations, and routes of review or appeal. In England, the terms are suspension (formerly fixed‑period exclusion) and permanent exclusion, under the Education Act 2002/Education and Inspections Act 2006 and DfE statutory guidance. The head teacher/principal decides, the governing board reviews, and there is a right to an independent review panel. In Wales, “exclusion” (fixed‑term or permanent) remains the operative...

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Waste exclusions under the Waste Framework Directive: absolute, dependent and sediment carve-outs, special legislation interaction, and post-Brexit application in England, Wales, Scotland and Northern Ireland

Practice notes
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Introduction

Waste is defined as ‘any substance or object which the holder discards or intends or is required to discard’. Assessing whether something amounts to waste is complex and usually calls for a case-by-case evaluation of whether the holder has discarded an item, intends to do so, or is obliged to discard it. The term ‘discard’ must be construed in light of legislative provisions addressing the harmful effects of waste and the protection of the environment and human health. Nonetheless, some materials lie outside the scope of waste. This Practice Note describes the provisions dealing with matters excluded from the statutory definition of waste.

See also the following Practice Notes:

  • Meaning of waste—what is waste?
  • Meaning of waste—definition of waste
  • Waste projects—overview
  • Environmental Permitting Regulations 2016—waste installations, waste operations and exempt waste operations
  • Environmental Permitting Regulations 2016—permits, applications and exemptions

This Practice Note refers to EU law. Over time, law, policy and guidance on waste may change as domestic law and practice move away from EU law. However, many of the technical concepts and definitions that were relevant immediately before Brexit remain useful and in use...

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Anna Willetts
Anna Willetts

Anna is an environmental criminal lawyer, specialising in defence work in the waste and recycling industry. She is dual-qualified, having completed a PhD in geochemistry and worked as an environmental consultant for 5 years before qualifying as a lawyer. Anna represents waste and recycling businesses and directors who are prosecuted by the regulators (Environment Agency and local authorities) for environmental and waste offences. She is a Past President of the Chartered Institution of Wastes Management and a Trustee of the Board. She is also Co-Convenor of UKELA’s Waste Working Party....

Leslie Heasman
Leslie Heasman

Leslie is an environmental chemist who has worked in waste management for more than 30 years. After graduating with a B.Sc. in Environmental Chemistry from the University of Edinburgh she started work undertaking research at AERE Harwell into the fundamental behaviour of wastes and the outputs of the research fed into key government guidance documents. Since 1986 she has been providing technical advice on environmental issues with MJCA where she now is the Managing Director and Principal Environmental Chemist.  Leslie has particular interest and expertise in the assessment and control of chemical contaminants in the aquatic, atmospheric and soil environments. She has wide experience in waste management, mineral extraction, contaminated land and general environmental management together with particular skills in risk assessment where understanding the fate and transport of contaminants in the environment is critical.  The technical aspects of managing waste routinely need to be...

Samantha Riggs
Samantha Riggs chambers

Samantha is a criminal defence barrister and chartered waste and resources manager specializing in defending companies and individuals in environmental, financial and regulatory matters. She is recognized by the legal directories as a leading junior in the area of financial crime and known for her attention to detail. She is experienced in POCA and restraint proceedings. Over the past six years she has concentrated more on environmental law and is in constant high demand due to her specialist knowledge. Recommended in Legal 500 as “the leading – and best junior – in the area of [environmental law] with a deep technical understanding of the waste industry”.  Also recommended in Chambers & Partners – “Clients value her practical and commercial advice as well as her fearless defence skills” and was shortlisted for Environmental and Planning Junior of the Year 2020.  Samantha has...

Web page updated on 22/05/2026

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