Managing controlled waste - code of practice consultation on duty of care: SG response

Section 5: Your Obligations in the Event of Waste Import or Export

Are you content with the clarity of this section and how it has changed from the current Code?

We received 9 responses to this question, of which 5 respondents answered ‘Yes’, 1 answered ‘No’, and 1 answered ‘Don’t Know’.

Respondents highlighted that the revised wording provides a clearer framework for ensuring responsible handling or materials moving across borders and supports the wider objectives of maintaining integrity and traceability within Scotland’s waste system.

In terms of suggested changes, key points raised by respondents included:

• The Code could explicitly require that whenever waste is exported, the waste producer, collector, and manager are all notified and supplied with full details of the final destination and method of disposal or recovery. Transparency is essential in order to meet Duty of Care obligations and to demonstrate compliance.
• That the lack of UK treatment capacity is likely to result in materials being sent overseas, increasing the likelihood of illegitimate operators entering the market. More robust measures will be needed to ensure meaningful compliance.

Government response:

We have made changes to the wording of this section based on consultation response suggestions.

Section 6: Your Obligations as a Broker or Dealer

Are you content with the clarity of this section and how it has changed from the current Code?

We received 9 responses to this question, of which 5 respondents answered ‘Yes’, 2 answered ‘No’, and 1 answered ‘Don’t Know’.

Respondents were broadly content with the clarity of this section and the changes from the current Code. Respondents highlighted that it provides a more robust framework for ensuring those acting in broker or dealer roles maintain high standards of responsibility, transparency and compliance.

In terms of suggested changes, key points raised by respondents included:

• Acknowledging the role of internal brokers within large public-sector organisations, and the need for documented authorisation, internal audit-trails, and clear delineation of responsibilities.
• Concerns around costs for businesses.

Government response:

We have made changes to the Code and impact assessments based on consultation response suggestions. Internal brokers are not referenced as they do not change the duties required by the Code.