Duty of Care: Code of Practice for managing controlled waste (2026) consultation

2. Context and Background

The Scottish Government is seeking views from interested stakeholders on a proposed updated duty of care code of practice for managing controlled waste.

Section 34 of the Environmental Protection Act 1990 (as amended) lays out a number of duties of care with respect to waste. Waste must be managed correctly by storing it properly, only transferring it to the appropriate persons and ensuring that when it is transferred it is sufficiently well described to enable its safe recovery or disposal without harming the environment.

This “Duty of Care: A Code of Practice” (the “Code”) explains these duties which apply to anyone who produces, keeps, imports or manages controlled waste in Scotland. The Code is made under section 34(7) of the Environmental Protection Act 1990 (as amended) and replaces all previous versions applicable in Scotland. This Code applies in Scotland only.

Under section 34(10) of the 1990 Act, this Code is admissible as evidence in court and the court shall take it into account in determining any questions to which it appears to be relevant. The intention is that the Code will assist the courts, when hearing cases under Section 34(6) of the 1990 Act, in determining whether persons subject to certain of the duties took reasonable measures to do so.

The updated Code of Practice replaces the existing Code of Practice published in 2012. The amended Code has been updated to account for changes since 2012, and implements the requirement for plastic film to be separated and collected for recycling from businesses across the UK by 31 March 2027 by making clear that dry recyclable waste includes plastic film as a subset of plastic. Requirements to collect plastic film were consulted upon in the 2022 consultation on Extended Producer Responsibility for Packaging (pEPR).