Handling of waste: amendment to legislation: consultation

Annex

The Environmental Protection Act 1990

57.— Power of Secretary of State(a) to require waste to be accepted, treated, disposed of or delivered.
(1) The Secretary of State may, by notice in writing, direct the holder of any waste management licence to accept and keep, or accept and treat or dispose of, controlled waste at specified places on specified terms.
(2) The Secretary of State may, by notice in writing, direct any person who is keeping controlled waste on any land to deliver the waste to a specified person on specified terms with a view to its being treated or disposed of by that other person.
(3) A direction under this section may impose a requirement as respects waste of any specified kind or as respects any specified consignment of waste.
(4) A direction under subsection (2) above may require the person who is directed to deliver the waste to pay to the specified person his reasonable costs of treating or disposing of the waste.
(5) A person who fails, without reasonable excuse, to comply with a direction under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6) A person shall not be guilty of an offence under any other enactment prescribed by the Secretary of State by regulations made for the purposes of this subsection by reason only of anything necessarily done or omitted in order to comply with a direction under this section.
(7) The Secretary of State may, where the costs of the treatment or disposal of waste are not paid or not fully paid in pursuance of subsection (4) above to the person treating or disposing of the waste, pay the costs or the unpaid costs, as the case may be, to that person.
[ (7A) In subsection (6) above, "enactment" includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament. ] 1
(8) In this section "specified" means specified in a direction under this section.

58. Power of Secretary of State (a) to require waste to be accepted, treated, disposed of or delivered: Scotland.
In relation to Scotland, the Secretary of State may give directions to a waste disposal authority to accept and keep, or accept and treat or dispose of, controlled waste at specified places on specified terms; and it shall be the duty of the authority to give effect to the directions.

(a) The powers of the Secretary of State in this section devolved to the Scottish Ministers in accordance with the Scotland Act 1998.