Duty of Care for Waste Legislation

This page provides links to the full text of key pieces of environmental legislation relating to your duty of care for your business waste. The websites hosting the legislation may list amendments separately.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.

Environmental management systems and environmental reports

Northern Ireland Duty of Care legislation

Controlled Waste Duty of Care (Amendment) Regulations (Northern Ireland) 2014 SR 117. Amends the Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013 in that they provide clarification in relation to the classification of a number of items contained in the tables to the schedule, including the sources of household, industrial and commercial waste and the nature of waste and activities producing waste.

Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013 SR 255. Revoke and replace the Controlled Waste Regulations (NI) 2002. Clarifies classification of wastes as ‘household’, ‘commercial’, or ‘industrial’; identifies which of these wastes incur a charge for collection and disposal. Introduce more stringent controls under the waste Duty of Care system.

Controlled Waste (Amendment) Regulations (Northern Ireland) SR 2003/404. Amends SR 2002/248 to include animal by-products.

Controlled Waste (Duty of Care) Regulations (Northern Ireland) SR 2002/271. Creates a duty of care for controlled waste that requires all producers, carriers and managers of waste to keep records and use waste transfer notes.

Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) SR 1999/362. Describes the system for registering carriers of controlled waste and for seizing vehicles used for the illegal disposal of waste.

Food Waste Regulations (Northern Ireland) 2015 SR14. Provide for the separate collection of food waste. They place a duty on food businesses producing in excess of 5kg of food waste per week to present food waste for separate collection and place a duty on businesses to ensure food waste is not deposited in a lateral drain or sewer. Place a duty on those who transport food waste to collect and transport such waste separately from other waste.

Waste and Contaminated Land (Northern Ireland) Order SI 1997/2778. Sets out the waste management regime covering waste carrier registration and identifying and remedying contaminated land.

Scotland Duty of Care legislation

Environmental Protection Act 1990. Defines the legal framework for duty of care for waste, contaminated land and statutory nuisance.

The Environmental Protection (Duty of Care) (Scotland) Regulations 2014 SSI 4. Requires a transfer note to be signed by the transferor and transferee of waste, specifies information to be included and requires copies to be kept for two years. Includes the use of SIC codes. Enables the use of electronic waste transfer notes. These regulations revoke the Environmental Protection (Duty of Care) Regulations 1991

Waste (Scotland) Regulations 2012 SSI 148. The regulations introduce a number of important new requirements including the segregation of materials such as glass, metal, plastics, paper and card for recycling. It also introduces the requirement for food businesses to present food waste for collection and a ban on sending segregated materials for incineration or to landfill. Waste contractors must provide services that enable high quality recycling.

Waste Management Licensing (Scotland) Regulations 2011 SSI 228. Adds new exemptions. Consolidates the Waste Management Licensing Regulations 1994 and amendments. Removes need for licence holders to have a certificate of technical competence. Requires businesses carrying their own waste to register as Professional Collectors and Transporters of Waste.

The Waste (Scotland) Regulations 2012. The regulations introduce a number of important new requirements including the segregation of materials such as glass, metal, plastics, paper and card for recycling. It also introduces the requirement for food businesses to present food waste for collection and a ban on sending segregated materials for incineration or to landfill. Waste contractors must provide services that enable high quality recycling.

The Waste (Recyclate Quality) (Scotland) Regulations 2015 SSI 101. Requires the holder of a Waste Management Licence to comply with the Materials Recovery Code. Also a PPC permit for the running of a waste recovery facility must contain a requirement to comply with the Materials Recovery Code.

The Waste (Miscellaneous  Amendments) (Scotland) Regulations 2020. Includes a number of amendments to previous waste legislation, including extending the date by which landfill operators must refuse to accept biodegradable municipal waste to 31 Dec 2025. Also includes a requirement to follow good practice guidance when separately collecting waste oils.

The Deposit and Return Scheme for Scotland Regulations 2020. Regulations that introduce the Deposit and Return Scheme for drinks containers in Scotland. They apply to drinks containers sold in Scotland in single use packaging made from PET plastic, glass, aluminium and steel and will introduce a take back scheme for customers by 1 July 2022

The Deposit and Return Scheme for Scotland Amendment Regulations 2022. The Regulations amend the Deposit and Return Scheme for Scotland Regulations 2020 specifically, to alter the full implementation date for Scotland’s Deposit Return Scheme, to 16 August 2023 and make other amendments to support delivery and operation of a Deposit Return Scheme. 

Further Information

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