34C.—(1) A local authority or, as the case may be, a nominated authority, may, by notice in writing, for the purpose of maintaining a register referred to in F158[subsection (7) or (9), or both,] request a relevant person to provide to the local authority or, as the case may be, the nominated authority, such information, referred to in subsection (3), as is specified in the notice (in this section referred to as the "specified information").

(2) Where an authorised person or a nominated authority makes a request under subsection (1), the relevant person to whom the notice is given shall provide the specified information within the period of 14 days beginning on the date of the notice.

(3) A local authority or, as the case may be, a nominated authority, may specify all or any of the following information in a notice under subsection (1):

(a) details in the possession or control of the relevant person of the address (including the postcode (if any) F159[…]) of every person who has F158[household waste or commercial waste] collected by an authorised waste collector or who deposits F158[household waste or commercial waste] at a facility;

(b) in relation to each such person referred to in paragraph (a) who has F158[household waste or commercial waste] so collected or who deposits F158[household waste or commercial waste] at a facility:

(i) the name of every person availing of a F158[household waste or commercial waste] collection service;

(ii) any unique identification number which the authorised collector has assigned to a person availing of a F158[household waste or commercial waste] collection service;

(iii) details of the separate collection or deposition of separate collection of F158[household waste or commercial waste];

(iv) details of when F158[household waste or commercial waste] or classes of F158[household waste or commercial waste] were last collected or deposited;

(v) details of the structure of the fees charged to the person from whom the F158[household waste or commercial waste] is collected or depositing the waste, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the collection from or deposition by that person of F158[household waste or commercial waste].

(4) The specified information to be provided by a relevant person pursuant to a notice under subsection (1) shall be provided in such form and manner as may be specified by the local authority or, as the case may be, the nominated authority in the notice.

(5) Where a relevant person fails to provide the information requested in a notice given under subsection (1) by a local authority—

(a) in the form and manner requested, or

(b) within the time limit referred to in subsection (2),

the local authority shall notify the nominated authority as soon as is reasonably practicable, in such form as is specified by the nominated authority, of the breach of a waste collection permit condition under section 34(7)(b)(ix) or of a condition of a licence under section 41(3)(d)(va).

(6) In this section "relevant person" means—

(a) an authorised waste collector, or

(b) the holder (other than a local authority) of a waste licence or such other authorisation or certificate which accepts F158[household waste or commercial waste] directly from a person.

(7) Each local authority or, as the case may be, a nominated authority shall maintain a register of persons availing of a F158[household waste or commercial waste] collection service for the purpose of establishing compliance by original producers and other waste holders with section 32(1A) and any regulations or bye-laws made under this Act relating to F158[household waste or commercial waste].

(8) The register maintained under subsection (7) shall include—

(a) such information referred to in sections 34(7)(b)(ix), 39(5B)(ee) and 41(3)(d)(va) received by a local authority or, as the case may be, nominated authority, and

(b) such information received by a local authority or, as the case may be, nominated authority pursuant to a notice under subsection (1),

as relates to waste services provided by or on behalf of a local authority for the collection of F158[household waste or commercial waste].]

F160[(9) A local authority may establish and maintain a register of postcodes in respect of addresses in its functional area from which household waste or commercial waste is not—

(a) collected by an authorised waste collector,

(b) deposited at a waste facility, or

(c) otherwise disposed of or treated in accordance with this Act,

for the purposes of establishing compliance by original producers and other waste holders with section 32(1A) and any regulations or bye-laws made under this Act in relation to household waste or commercial waste.]

F160[(10) A local authority may, in performing its functions under this Act, use—

(a) the information specified in subsection (3) (a) that is provided to the local authority under subsection (2), and

(b) such data as is contained in a postcode database referred to in subparagraph (i) of paragraph (g) of section 65A(2) of the Act of 2011 that is provided to it pursuant to a licence referred to in the said paragraph (g),

for the purposes of establishing and maintaining a register under subsection (9).]

F160[(11) Where a local authority proposes to establish and maintain a register under subsection (9) in respect of its functional area, the chief executive of the local authority concerned shall satisfy himself or herself that the establishment and maintenance of the register is proportionate to, and necessary for, the purposes for which the register is to be so established and maintained.]

F160[(12) The chief executive of a local authority in respect of whose functional area a register is established and maintained under subsection (9)—

(a) may, at any time, and

(b) shall, not later than 5 years from the establishment of the register and thereafter at intervals of not more than 5 years from the date on which the chief executive was informed of the outcome of the immediately preceding review in accordance with subsection (13)(b),

cause a review of the register to be carried out by an authorised person.]

F160[(13) An authorised person carrying out a review pursuant to subsection (12) shall—

(a) consider—

(i) whether the register has been established and maintained, and the information contained therein used, in accordance with the guidance issued, revised or re-issued by the Minister under subsection (16),

(ii) the extent to which the maintenance of, and use of the information contained in, the register during the period in respect of which the review is being conducted has been, and remains, successful, proportionate and necessary having regard to the purposes for which the register has been established, and

(iii) such other matters that he or she considers appropriate having regard to the purposes for which the register has been established and is maintained,

and

(b) shall inform the chief executive, in writing, of the outcome of that review.]

F160[(14) Without prejudice to subsection (15), following a review carried out pursuant to subsection (12), the chief executive of the local authority shall decide whether the register is to continue to be maintained and where the chief executive decides that the register is to continue to be maintained, subsections (12) and (13) shall, with any necessary modifications, apply in respect of the register as so continued.]

F160[(15) The chief executive may at any time decide that a register established under subsection (9) is no longer to be maintained and, subject to Part 5 of the Data Protection Act 2018, where the chief executive so decides, the local authority shall cease to maintain the register.]

F160[(16) The Minister shall issue guidance for the purpose of assisting local authorities in the establishment and maintenance of a register referred to in subsection (9) and the appropriate use of the information contained in such a register and may from time to time revise or re-issue that guidance.]

F160[(17) A local authority shall have regard to any guidance issued, revised or re-issued under subsection (16).]

F160[(18) (a) In establishing a register referred to in subsection (9), a local authority shall consult with its data protection officer and shall ensure that a data protection impact assessment within the meaning of section 84 of the Data Protection Act 2018 is carried out in accordance with that section.

(b) A local authority shall ensure that any such register is maintained, and the information contained therein is used, in compliance with Part 5 of the Data Protection Act 2018.]

F160[(19) In this section—

"Act of 2011" means the Communications Regulation (Postal Services) Act 2011;

"chief executive" has the same meaning as it has in section 2 of the Local Government Act 2001;

"data protection officer" has the meaning given to it by section 88 (1) of the Data Protection Act 2018;

"postcode" has the meaning given to it by section 66 of the Act of 2011;

"postcode database" has the meaning given to it by section 65A(1) of the Act of 2011.]