The Waste Batteries and Accumulators Regulations 2009

Interpretation

2.—(1) In these Regulations—

“appliance” means any electrical or electronic equipment, as defined by Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment(1), which is fully or partly powered by batteries or is capable of being so;

“appropriate authority” has the meaning given in regulation 3;

“appropriate person” has the meaning given in regulation 5;

“approved battery exporter” means an exporter who has been approved under regulation 59;

“approved battery treatment operator” means a battery treatment operator who has been approved under regulation 59;

“automotive battery” means a battery used for automotive starter, lighting or ignition power;

“batteries evidence note” means an evidence note issued by—

“battery” means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or consisting of one or more secondary battery cells (rechargeable; an accumulator);

“battery compliance scheme” means a battery compliance scheme that has been approved under regulation 49;

“battery pack” means a set of batteries that are connected together or encapsulated within an outer casing so as to form a complete unit that the end-user is not intended to split up or open;

“battery producer registration number” means the registration number allocated to a producer by the appropriate authority under regulation 28 or by the Secretary of State under regulation 45;

“battery treatment operator” means a person who, in the ordinary course of a trade, occupation or profession, carries out the treatment or recycling of waste batteries;

“best available techniques” has the meaning given in Article 2(12) of Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control(2);

“category of battery” means any of the following types of batteries—

“chemistry type” means, except in regulation 35 (take back: industrial batteries)—

“compliance period” means—

“company registered in the United Kingdom” means a company registered in any part of the United Kingdom under—

“declaration of compliance” means the declaration of compliance referred to in regulation 18 or 25;

“Department of the Environment” means the Department of the Environment in Northern Ireland;

“disposal” means any of the applicable operations provided for in Annex IIA to Directive 2006/12/EC of the European Parliament and of the Council on waste(6);

“distributor” means a person that provides batteries on a professional basis to an end-user;

“economic operator” means a producer, distributor, collector, recycler or other treatment operator;

“EEA” means the area comprised by the EEA States;

“electric vehicle” means a vehicle which uses electricity as a source of power for propulsion and includes a vehicle which in addition uses, or is capable of using, other sources of power for this purpose;

“end-user of industrial batteries” means—

“enforcement authority” has the meaning given in regulation 86(5);

“enforcement notice” means a notice served under regulation 87(1);

“enforcement officer” has the meaning given in regulation 88(11);

“exporter” means a person who in the ordinary course of a trade, occupation or profession exports waste batteries for treatment or recycling outside the United Kingdom;

“extension of approval charge” means—

“final holder of automotive batteries” means—

“industrial battery” means any battery or battery pack which is—

“partnership” includes an unincorporated partnership and a Scottish partnership;

“Planning Appeals Commission” means the Planning Appeals Commission within the meaning of Article 110 of the Planning (Northern Ireland) Order 1991(12);

“portable battery” means any battery or battery pack which—

“premises” includes any land or means of transport;

“producer” means any person in the United Kingdom that, irrespective of the selling technique used, including by means of distance communication as defined in Directive 97/7/EC of the European Parliament and of the Council on the protection of consumers in respect of distance contracts(13), places batteries, including those incorporated into appliances or vehicles, on the market for the first time in the United Kingdom on a professional basis;

“proposed scheme” means a proposed battery compliance scheme that is the subject of an application for approval made under regulation 47;

“quarter period” means a period—

“recycling” means the reprocessing in a production process of waste materials for their original purpose or for other purposes, but excluding energy recovery;

“relevant approval period” has the meaning given in regulation 61(2);

“relevant compliance period” means a compliance period in respect of which a person has any obligation under regulation 7(2), 19(1), 35(2) or 36(2);

“scheme application charge” means—

“scheme member” means, in relation to a battery compliance scheme, a producer who is a member of that scheme;

“scheme operator” means the operator of a battery compliance scheme;

“scheme subsistence charge” means—

“SEPA” means the Scottish Environment Protection Agency;

“small producer” means a producer of portable batteries who places 1 tonne or less of portable batteries on the market in the United Kingdom during a year;

“specified site” means a site specified in a notification of a grant of approval of a battery treatment operator under regulation 60(2)(a);

“treatment” means any activity carried out on waste batteries after they have been handed over to a person for sorting, preparation for recycling or preparation for disposal;

“treatment, recycling and export application charge” means—

“waste battery” means any battery which is waste within the meaning of Article 1(1)(a) of Directive 2006/12/EC;

“waste collection authority” means—

“waste disposal authority” means—

“writing” includes text that is—

“year” means a calendar year commencing on 1st January.

(2) In these Regulations—

(a)any requirement to make, keep or retain a record or to maintain any register may be satisfied in electronic form if the text is capable of being produced in a legible documentary form by the person who is subject to the requirement;

(b)any requirement for a signature may be satisfied by an electronic signature incorporated into the document; and

(c)for the purposes of sub-paragraph (b), “electronic signature” means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication.