Managing controlled waste - code of practice: duty of care - business and regulatory impact assessment

3. Consultation

Proposals to require collection of plastic film were consulted upon as part of proposals for a UK-wide packaging EPR scheme. Three consultations have been conducted on these proposals:

• 2019. Consultation on reforming the UK packaging producer responsibility system^[21]
• 2021. Consultation on the introduction of Extended Producer Responsibility for Packaging^[22]
• 2023. Consultation on the draft Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024^[23]

As part of the development of packaging EPR and associated impact assessment, a wide range of business of engagement was undertaken at both a Scottish and UK level. This informed a wide range of affected businesses and trade associations about the proposals and captured their feedback.

Engagement included an industry sounding board established with the support of INCPEN (Industry Council for Packaging and the Environment), the government’s Advisory Committee on Packaging (ACP), and Defra’s Packaging and Collections Working Group and Resources & Waste Stakeholder Advisory Group. Specific engagement has also taken place with local authority groups and stakeholders in England, Northern Ireland, Scotland, and Wales. This engagement provided stakeholders the opportunity to discuss the proposed reforms and put their opinions forward at the time.

The commitment to introduce collections was confirmed in the four nations government response in 2022^[24]. Implementation of that commitment is to be taken forward separately in each nation, rather than introduced through a UK-wide statutory instrument as was the case for Packaging EPR^[25].

Implementation of the requirement to collect plastic films for recycling from the non-household municipal sector in Scotland is taken forward through amendment of the existing Duty of Care Code of Practice for managing controlled waste to clarify that plastic film is included in the “plastics” category of dry recyclable waste. The Scottish Government published a further public consultation on the updated Code from 27 November 2025 to 5 February 2026.^[26]

The 2025 consultation received responses from a range of organisations with responsibilities across the sector, including waste management, food and drink producers, local authorities, and other representative organisations. Consultation feedback has informed the updated Duty of Care Code of Practice, and implementation approaches considered as part of this BRIA. The Scottish Government has separately published a response to consultation feedback on the updated Duty of Care Code of Practice.

The collection for recycling of plastic films from households will be addressed separately though the household recycling Code of Practice enabled by the Circular Economy (Scotland) Act 2024^[27] which will provide guidance local authorities in carrying out their functions related to the collection and recycling of household waste, and was not included as part of consultation on the updated Duty of Care Code of Practice. Consultation on collection for recycling of plastic films from households will be undertaken as part of wider consultation on the updated household recycling Code of Practice by the end of 2026. Development of the approach to household plastic film collections will be informed by relevant findings from the consultation on the Duty of Care Code of Practice .