The Scottish Government

(a) the definitions of "controlled waste" and "household waste" are omitted;

(b) the following definitions are inserted in the appropriate places-

"holder" means the producer of waste or the person who is in possession of it;

"medicinal product" means a product as defined in section 130 of the Medicines Act 1968( c) (meaning of "medicinal product", etc) of a description, or falling within a class specified in an order under section 58 of that Act( d);

"medicinal waste" means any waste medicinal product;

"producer" means any person whose activities produce waste ("original producer") and/or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste;

"the Waste Directive" means Council Directive 75/442/EEC on waste( a);

"waste" has the meaning given by Article 1(a) of the Waste Directive;

(c) after regulation 1(4) there is added-

"(5) Other words and expressions used in these Regulations have the same meaning as in the Waste Directive or the Hazardous Waste Directive, as the case may be.".

(3) For regulation 2 there is substituted-

"2 .-(1) Meaning of special waste-

"special waste" means-

(a) any waste classified as hazardous waste pursuant to Article 1(4) of the Hazardous Waste Directive; and

(b) any medicinal waste of a description not falling within sub-paragraph (1)(a) above,

but does not include domestic waste within the meaning of Article 1(5) of the Hazardous Waste Directive.".

(4) After regulation 4, there is inserted-

" Packaging and labelling of special waste

4A. In the course of its collection, transport and temporary storage, the consignor shall ensure that special waste is properly packaged and labelled in accordance with the relevant provisions of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996( b).".

(5) In regulation 15, after paragraph (8), there is added-

"(9) It is the duty of the Scottish Environment Protection Agency to carry out inspections of the registers referred to within these Regulations at such intervals as it considers appropriate, having regard to the need to meet the requirements of Article 13 of the Waste Directive and Article 5(2) of the Hazardous Waste Directive.".

(6) After regulation 15 there is inserted-

" Registers: special waste producers

15A.-(1) A special waste producer shall keep a record of the quantity, nature, origin and, where appropriate, the destination, frequency of collection and mode of transport of the waste produced by them.

(2) Where special waste is transported from the premises where it was produced, by a person other than the producer of that waste, the requirement on the producer to record the destination of that waste includes a requirement to record particulars sufficient to identify that other person.

(3) A special waste producer shall preserve the records kept pursuant to this Regulation whilst they remain the holder of that waste and for at least 3 years commencing on the date upon which that waste is transferred to another person.

(4) The information required to be kept in accordance with paragraphs (1) and (2) shall be kept in a register maintained by the special waste producer for that purpose.

(5) A special waste producer shall also enter into the register a copy of each consignment note and, where applicable, carrier's schedule in respect of each consignment removed, together with the producer return detailing that consignment.

(6) Except where paragraph (7) applies, the register required to be maintained under paragraph (4) shall be kept at the premises at which the special waste was produced.

(7) Where a special waste producer ceases to have access to the premises referred to at paragraph 6, but the period mentioned in paragraph (3) has not expired, for the remainder of that period, they shall keep the register at their principal place of business and notify the Scottish Environment Protection Agency thereof forthwith.

(8) Any register kept and retained under this regulation shall be produced and made available for inspection by the Scottish Environment Protection Agency on request.

(9) Insofar as is consistent with the foregoing provisions of this regulation, registers required to be kept under this regulation may be kept in any form.".

(7) After regulation 17 there is inserted-

" Duty to separate mixed wastes

17A.-(1) An establishment or undertaking which carries out the disposal or recovery of special waste, or which collects or transports special waste, shall, where special waste has been mixed with other waste, substances or materials, effect separation where-

(a) technically and economically feasible; and

(b) necessary in order to comply with the provisions of Article 4 of the Waste Directive set out in paragraph (2).

(2) The provisions referred to in paragraph (1)(b) are to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and in particular without-

(a) risk to water, air, soil, plants or animals;

(b) causing a nuisance through noise or odours;

(c) adversely affecting the countryside or places of special interest.".

(8) After regulation 19 there is inserted-

" Mutual recognition of consignment notes

19A.-(1) Where special waste is removed from premises situated outside Scotland, any consignment note that contains or purports to contain the same information as that required in the form set out in the Annex to Commission Decision 94/774 EC( a) concerning the standard consignment note referred to in Council Regulation (EEC) No. 259/93( a) on the supervision and control of shipments of waste within, into and out of the European Community, that accompanies the special waste shall be treated for the purposes of these Regulations as if it was a consignment note raised in compliance or purported compliance with the provisions of these Regulations.".