UK Statutory Instrument
2009
United Kingdom
Waste Batteries and Accumulators Regulations 2009
At a glance
Enforced by
What's here
85 compliance obligations, 2 practical guides across 2 topics
Penalty landscape
7 of 85 obligations carry an unlimited fine. 78 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Operator 26
- Manufacturer 22
- Any Person 10
- Distributor 2
- Applicant 1
Plus 24 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
1 guidesSupporting — topic alignment
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Operators also bound by 730 other Acts (top 5 shown)
- Regulation (EU) No 965/2012 (Air Operations) 2012 138 duties
- Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 2018 121 duties
- Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 2012 112 duties
- Space Industry Regulations 2021 2021 75 duties
- Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 2016 66 duties
Manufacturers also bound by 472 other Acts (top 5 shown)
- Pressure Equipment (Safety) Regulations 2016 2016 91 duties
- Lifts Regulations 2016 2016 70 duties
- The Ecodesign for Energy-Related Products and Energy Information Regulations 2021 2021 70 duties
- Non-Automatic Weighing Instruments Regulations 2016 2016 67 duties
- Pyrotechnic Articles (Safety) Regulations 2015 2015 64 duties
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Distributors also bound by 177 other Acts (top 5 shown)
- The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 2017 28 duties
- The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 2017 26 duties
- The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 2017 25 duties
- Electricity Safety, Quality and Continuity Regulations 2002 2002 21 duties
- THE ELECTRICITY SAFETY, QUALITY AND CONTINUITY REGULATIONS (NORTHERN IRELAND) 2012 2012 19 duties
Applicants also bound by 294 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 46 duties
- Human Medicines Regulations 2012 2012 30 duties
- The Land Registration Rules 2003 2003 25 duties
- Value Added Tax Regulations 1995 1995 18 duties
- Space Industry Regulations 2021 2021 14 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — GENERAL
Delegation of document-signing function
- Apply for approval to delegate document-signing authority Any Person
Browse 7 other sections in this Part — procedural / definitional / commencement
Citation, commencement and extent
Interpretation
Meaning of appropriate authority
Service of documents
Signature of documents: meaning of appropriate person
Application
Modifications to the Waste Framework Directive
Part 2 — PRODUCER OBLIGATIONS: PORTABLE BATTERIES
Financing: portable batteries
- Finance the collection and recycling of waste portable batteries Manufacturer
Information provided to operators of battery compliance schemes
- Provide and update information for your battery compliance scheme Any Person
Record keeping
- Keep records of portable batteries placed on the UK market Manufacturer
Reporting: portable batteries placed on the market by a small producer
Unlimited fine- Report annual portable battery data and pay fees as a small producer Manufacturer
Duty to join another scheme on withdrawal of approval
- Join a new battery compliance scheme if your current one is cancelled Manufacturer
Treatment, recycling, record keeping and reporting after withdrawal of scheme approval
- Recycle and report waste batteries if your compliance scheme is withdrawn Manufacturer
Duty of the appropriate authority to determine and notify producer's share
Other duties (1) — Crown / regulator
- Regulator must calculate and notify your market share of waste batteries Statutory regulator
Declaration of compliance by producer
- Submit a battery compliance declaration and evidence notes Manufacturer
Browse 4 other sections in this Part — procedural / definitional / commencement
Calculation of a producer's share
Duty to be a member of a battery compliance scheme
Effect of membership of a battery compliance scheme
Charges in relation to small producers
Part 3 — OBLIGATIONS OF BATTERY COMPLIANCE SCHEMES AND REGISTRATION OF PRODUCERS OF PORTABLE BATTERIES
Duty of the appropriate authority to determine and notify scheme operator's aggregate share of costs
Other duties (1) — Crown / regulator
- Appropriate authority must determine and notify scheme cost shares Statutory regulator
Treatment and recycling
- Ensure waste batteries are sent to approved treatment or export facilities Operator
Record keeping
- Keep records of waste portable batteries collected and treated Operator
Reporting: batteries placed on the market by scheme members
- Report the amount of portable batteries placed on the UK market Operator
Reporting: waste batteries
- Report weights of waste portable batteries collected and delivered Operator
Declaration of compliance by battery compliance scheme
- Submit an annual declaration of compliance and waste battery evidence Operator
Registration of producers of portable batteries
- Register portable battery producers with the appropriate authority Operator
Form of an application to register scheme members or a small producer
- Register portable battery producers using the correct application form Manufacturer
Duties of the appropriate authority in relation to applications to register producers of portable batteries
Other duties (1) — Crown / regulator
- Environment Agency must process portable battery producer registrations Statutory regulator
Notification of changes to registration details
- Notify the authorities of changes to your battery producer registration Manufacturer
Declaration of battery producer registration number
- Declare your battery producer registration number to buyers Manufacturer
Browse 1 other section in this Part — procedural / definitional / commencement
Part 4 — PORTABLE BATTERIES: OBLIGATIONS AND RIGHTS OF DISTRIBUTORS AND OTHER ECONOMIC OPERATORS
Take back
- Take back waste portable batteries free of charge Distributor
Distributor's right to request collection of waste batteries
- Battery compliance schemes must collect waste batteries from distributors Operator
Right of economic operators to participate in collection, treatment and recycling schemes
- Battery compliance schemes must accept waste batteries free of charge Operator
Prohibition on showing the costs of collection, treatment and recycling of portable batteries
Unlimited fine- Do not show battery recycling costs separately to customers Distributor
Part 5 — PRODUCER OBLIGATIONS: INDUSTRIAL AND AUTOMOTIVE BATTERIES
Take back: industrial batteries
- Take back waste industrial batteries from end-users free of charge Manufacturer
Collection: automotive batteries
- Collect waste automotive batteries and publish collection instructions Manufacturer
Treatment and recycling
Unlimited fine- Deliver waste industrial and automotive batteries to approved facilities Manufacturer
Record keeping
- Keep records of industrial and automotive batteries Manufacturer
Reporting: industrial and automotive batteries placed on the market
- Report weights of industrial and automotive batteries placed on the market Manufacturer
Reporting: waste batteries
- Report waste industrial and automotive batteries collected and treated Manufacturer
Registration of producers: industrial batteries or automotive batteries
- Register as a producer of industrial or automotive batteries Manufacturer
Application to register
- Register as a producer of industrial or automotive batteries Manufacturer
Duties of the Secretary of State in relation to registration of producers
Other duties (1) — Crown / regulator
- Secretary of State must process battery producer registrations within 28 days Crown / Minister / Government department
Declaration of battery producer registration number
- Declare your battery producer registration number to buyers Manufacturer
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 6 — APPROVAL OF BATTERY COMPLIANCE SCHEMES
Application for approval of a proposed battery compliance scheme
- Apply for approval of a proposed battery compliance scheme Operator
Further information in respect of an application
- Provide additional information for battery scheme applications upon request Applicant
Approval of proposed schemes
Other duties (1) — Crown / regulator
- Appropriate authority must approve or refuse battery compliance schemes Statutory regulator
Notification of determination
Other duties (1) — Crown / regulator
- Regulator must notify you of the decision on your waste battery scheme Statutory regulator
Effect and consequences of approval
Other duties (1) — Crown / regulator
- Regulators must publish battery scheme details and notify producers of approval Statutory regulator
Conditions of approval
- Comply with conditions of approval for your battery compliance scheme Operator
Withdrawal of approval of a battery compliance scheme
Other duties (1) — Crown / regulator
- Regulator must notify you if your battery compliance scheme is withdrawn Statutory regulator
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 7 — DISPOSAL, TREATMENT AND RECYCLING
Application for approval
- Apply for approval to treat or export waste batteries Operator
Notification of decision
Other duties (1) — Crown / regulator
- Regulator must notify battery treatment/exporter applicants of decisions Statutory regulator
Application for extension of approval of an exporter to an additional site
- Apply to extend battery exporter approval to additional sites Any Person
Conditions of approval
Unlimited fine- Comply with waste battery treatment and export conditions Operator
Reporting
- Submit battery treatment and export reports Operator
Record keeping
- Keep records of battery treatment or exports for four years Operator
Browse 7 other sections in this Part — procedural / definitional / commencement
Prohibition on disposing of waste automotive and industrial batteries in a landfill or by incineration
Requirement for approval of battery treatment operators and exporters
Decision in relation to application
Effect and consequences of a grant of approval
Suspension and cancellation of approval
Charges
Modification of the Landfill Directive
Part 8 — POWERS AND DUTIES OF THE SECRETARY OF STATE
Information for end-users of batteries
Other duties (1) — Crown / regulator
- Secretary of State must provide environmental information to battery users Crown / Minister / Government department
Batteries evidence notes
Other duties (1) — Crown / regulator
- Secretary of State must approve a format for battery evidence notes Crown / Minister / Government department
Overarching objective: maximising collection of portable batteries
Other duties (1) — Crown / regulator
- Secretary of State must ensure battery collection targets are met Crown / Minister / Government department
New recycling technologies
Other duties (1) — Crown / regulator
- Secretary of State must support battery recycling research and technology Crown / Minister / Government department
Information for appropriate authorities in relation to producers of industrial or automotive batteries
Other duties (1) — Crown / regulator
- Secretary of State must notify authorities of battery producer registrations Crown / Minister / Government department
Reports and information provided by producers of industrial and automotive batteries
Other duties (1) — Crown / regulator
- Secretary of State must publish reporting formats for battery producers Crown / Minister / Government department
Browse 2 other sections in this Part — procedural / definitional / commencement
Increased environmental performance
Monitoring
Part 9 — DUTIES OF THE APPROPRIATE AUTHORITIES
Registration of producers
Unlimited fineOther duties (1) — Crown / regulator
- Regulators must maintain a public register of battery producers Statutory regulator
Information for appropriate authorities and the Secretary of State in relation to producers of portable batteries
Other duties (1) — Crown / regulator
- Regulators must share producer information with the Secretary of State Statutory regulator
Monitoring
Other duties (1) — Crown / regulator
- Environmental authorities must monitor battery compliance and data accuracy Statutory regulator
General duties in relation to battery compliance schemes
Other duties (1) — Crown / regulator
- Regulators must publish approved compliance schemes and reporting formats Statutory regulator
General duties in relation to approved battery treatment operators and approved exporters
Other duties (1) — Crown / regulator
- Environment Agency must publish list of approved battery operators and forms Statutory regulator
Information: portable batteries
Other duties (1) — Crown / regulator
- Regulators must publish data on batteries placed on the market and collected Statutory regulator
Part 10 — DISCLOSURE OF INFORMATION
Browse 1 other section in this Part — procedural / definitional / commencement
Part 11 — APPEALS
Determination of appeals
Other duties (1) — Crown / regulator
- Regulators must implement appeal decisions Statutory regulator
Browse 2 other sections in this Part — procedural / definitional / commencement
Right of appeal
Procedure of appeals
Part 12 — ENFORCEMENT
Enforcement notices
Unlimited fineOther duties (1) — Crown / regulator
- Regulators must issue a formal notice before prosecuting for battery waste Statutory regulator
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 13 — OFFENCES AND PENALTIES
Offences
Unlimited fine- Fail to comply with battery waste regulations Any Person
Browse 2 other sections in this Part — procedural / definitional / commencement
Penalties
Commencement of proceedings
Part 14 — AMENDMENTS TO OTHER ENACTMENTS
Browse 1 other section in this Part — procedural / definitional / commencement
Schedules
In relation to the waste portable batteries in respect of...
- Declare whether you've met battery recycling obligations and state the tonnage funded Manufacturer
An indication of which categories of battery the producer is...
- Tell the regulator which battery categories you place on the market Manufacturer
Information as to— (a) whether the producer is meeting or...
- Provide information on how you meet producer responsibilities Manufacturer
A signed declaration of the truth of the information provided...
- Include a signed declaration of truth with your battery producer registration Manufacturer
(1) An approved battery treatment operator must ensure that the...
- Use best available techniques and meet minimum recycling standards for waste batteries Operator
An approved battery treatment operator or approved battery exporter must...
- Comply with regulation 66 requirements Operator
(1) An approved battery treatment operator must hold a relevant...
- Hold a valid environmental permit or licence for battery treatment Operator
An approved battery treatment operator must not issue a batteries...
- Don't issue batteries evidence notes unless conditions are met Operator
An approved battery treatment operator must record a quantity of...
- Record waste portable battery quantities on evidence notes in tonnes Operator
An approved battery treatment operator must retain a duplicate copy...
- Keep duplicate copies of batteries evidence notes for inspection Operator
An approved battery treatment operator must not issue a batteries...
- Don't issue evidence notes for more waste than you can recycle Operator
An approved battery treatment operator must not issue a batteries...
- Do not issue evidence notes for portable batteries already accepted by another operator Operator
An approved battery treatment operator must issue batteries evidence notes...
- Issue batteries evidence notes in the approved format Operator
An approved battery treatment operator must issue a batteries evidence...
- Only issue batteries evidence notes to scheme operators or qualifying producers Operator
An approved battery treatment operator must not issue a batteries...
- Do not issue evidence notes after 30th April following the approval period Operator
An approved battery treatment operator must not arrange for the...
- Only export waste portable batteries through approved exporters Operator
An approved batteries exporter must not issue a batteries evidence...
- Only issue export evidence notes for genuine UK waste batteries exported legally Any Person
An approved batteries exporter must record a quantity of waste...
- Record waste portable battery weights on evidence notes Any Person
An approved batteries exporter must not issue a batteries evidence...
- Do not issue batteries evidence notes for incorrect amounts Any Person
An approved batteries exporter must issue batteries evidence notes only...
- Use only Secretary of State-approved format for battery evidence notes Any Person
An approved batteries exporter must not issue a batteries evidence...
- Do not issue batteries evidence notes after 30th April following the approval period Any Person
In the case of an application made by an exporter—...
- Include detailed information in application to export waste batteries Any Person
(1) The appeal body or other person determining an appeal...
Other duties (1) — Crown / regulator
- Appeal body must notify appellant of decision and reasons Tribunal / Court
Browse 61 other Schedules — structural / supplementary
Information and declaration to be included in a declaration of compliance by a producer
Approval of proposed schemes
Register of producers
Amendments to other enactments
The name and address of the producer.
In relation to the waste portable batteries in respect of...
The name and title of the signatory of the declaration....
The date of the declaration.
The compliance period to which the declaration relates.
The name and address of the scheme operator.
The name and title of the signatory of the declaration....
The date of the declaration.
The compliance period to which the declaration relates.
The date of the application for registration.
The name of the producer and any brand name under...
The following contact details for the producer—
An address for service of notices on the producer if...
The name and telephone number of a contact person for...
If the producer has been registered under these Regulations within...
The name of the proposed scheme.
In paragraph 9(d)(iii), “the scheme information campaign” means a campaign...
That the rules of the proposed scheme provide—
That the proposed scheme has the necessary resources and systems...
That the operator of the proposed scheme is likely to...
That the proposed scheme is likely to—
(1) That the operator of a proposed scheme—
The name of the operator of the proposed scheme.
The address and telephone number of— (a) the registered office...
Where the operator of the proposed scheme is a partnership...
An address for service of notices if different from that...
Confirmation that the rules of the proposed scheme provide—
(1) A statement as to whether or not the operator...
Confirmation that the rules of the proposed scheme provide—
The operational plan must include the following information in relation...
The name of the battery treatment operator or exporter.
The registered office address and telephone number of the battery...
An approved batteries exporter must retain a duplicate copy of...
An approved batteries exporter must issue a batteries evidence note...
Where the battery treatment operator or exporter is a partnership...
Where the battery treatment operator or exporter is a body...
An address for service of notices if different from that...
The year for which approval is applied for.
In the case of an application made by a battery...
Confirmation of whether or not the battery treatment operator or...
The name of the producer and any brand name under...
The following contact details for the producer—
An address for service of notices on the producer if...
An indication of the categories of battery placed on the...
Information as to— (a) whether the producer meets its responsibilities...
The producer's battery producer registration number.
The date of the application for registration.
(1) Where a person wishes to appeal to an appeal...
(1) Subject to sub-paragraph (2), notice of appeal must be...
Where under regulation 84(2) the appeal includes a hearing, the...
A person who wishes to appeal to the Planning Appeals...
An appellant may withdraw an appeal by notifying the appeals...
Notice of appeal in accordance with paragraph 5 is to...
The appeals commission shall determine the appeal and paragraphs (1),...
The appeals commission shall determine the process for determining appeals...
Amendment to the Environment Act 1995
Amendments to the Environmental Permitting (England and Wales) Regulations 2007
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Natural Resources Wales / Register as a battery producer (opens in a new tab) from NRW Detailed Guidance
- Northern Ireland waste legislation (NetRegs) (opens in a new tab) Detailed Guidance
- EEE producer responsibility (opens in a new tab) from Environment Agency Detailed Guidance
- Regulations on batteries and waste batteries (opens in a new tab) from OPSS Detailed Guidance
- Waste batteries producer responsibility (opens in a new tab) from Environment Agency Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Environment Agency
PrimaryEnvironmental protection in England. Regulates waste, emissions, water quality, flood risk, and environmental permits for industrial activities. Enforces environmental law and issues …
Office for Product Safety and Standards
Product safety regulator responsible for ensuring consumer products are safe. Enforces product safety regulations, UKCA marking requirements, and works with market surveillance …
Natural Resources Wales
Principal environmental regulator for Wales. Combines functions of Environment Agency Wales, Countryside Council for Wales, and Forestry Commission Wales. Issues environmental permits, …
Explore more
Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.