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

Section 9: Glossary

Are all of the definitions in this section clear?

We received 16 answers to this question, of which 11 respondents answered ‘Yes’, and 4 answered ‘No’.

The majority of respondents were content with the clarity of the definitions in this section.

Suggested changes included:

• Clearer boundaries between definitions for enforcement and contract management.
• The inclusion of a definition of ‘plastic film’.
• Refining the definition of ‘clinical waste’ .

Are there any additional terms in the document that you consider it necessary to provide a definition in this section?

We received 16 responses to this question, of which 8 respondents answered ‘Yes’, 5 answered ‘No’, and 2 answered ‘Don’t Know’.

Respondents suggested the inclusion of definitions for the following: Plastic film, reasonable steps, contamination, separate collection, waste carrier, WUDS and POPs, healthcare waste provider, contaminated plastic film, internal broker, segregation breach, and interim storage point.

Government response:

We have accounted for this feedback and provided some additional definitions in the glossary section of the Code, and clarified existing definitions where requested.

Impact Assessments

Is there any further evidence relating to the impact on business that you would wish to be considered in updated impact assessments:

We received 16 responses to this question. Key points raised by respondents included:

• The cost of implementing plastic film collections.
• The number of suitable disposal routes and off takers.
• The Impact on the number of bins required for the public.
• The need for additional legislation for Local Authorities to compel businesses to segregate waste streams.
• The interaction with existing waste contracts and service models in different local areas.
• Recognition that clinical waste streams fall outside the scope of the Code.
• Investment cost to SME operators: Smaller waste collectors will need to invest in additional vehicles, containers, and logistics capability to offer separate plastic film collection.
• MRF upgrade: Processing facilities may need investment to handle plastic film effectively.
• Competitive impacts: If larger operators can more readily absorb the costs of new infrastructure while smaller operators cannot, this could lead to market consolidation that reduces competition and service coverage, particularly in rural / semi-rural areas.
• Awareness: Investment in communications to producers needed to support compliance.
• Market conditions: The current difficult plastics market affects the economic viability of plastic film recycling, and this should be factored into assessments of business impacts. There needs to be a stronger push for UK plastic recycling capacity.
• The costs to councils and businesses cited in the FlexCollect Report.
• The interaction with other policies such as extended producer responsibility for packaging (pEPR), the Deposit Return Scheme (DRS), Digital Waste Tracking, the UK Emissions Trading Scheme (ETS)and Flexible Films collection targets.
• That the practical implications for agricultural businesses are fully considered and reflected.

Is there any further evidence relating to the impact on protected characteristics that you would wish to be considered in updated impact assessments:

We received 11 responses to this question. Respondents highlighted that staff responsible for waste segregation may include individuals with protected characteristics. Any increase in workload, complexity, or manual handling requirements should therefore be assessed for potential impacts.

Is there any further evidence relating to the impact on island communities that you would wish to be considered in updated impact assessments:

We received 10 responses to this question. Key points raised by respondents included:

• Challenges in accessing waste management services that can handle separate plastic film collections.
• Economic feasibility of providing these services in remote areas with smaller populations.
• Transport costs for moving collected material to processing facilities on the mainland.
• A recommendation to hold local consultations once the new systems of waste management are in place.

Government response:

We have published an Addendum to the Business and Regulatory Impact Assessment, and updates to the Equalities Impact Assessment and Islands and Communities Impact Assessment that account for consultation feedback.

Closing Question

Do you wish to make any other comments on the code as a whole?

We received 19 responses to this question. Key points raised by respondents included:

• Whether practical examples could be provided of how kerbside collection would work with a separate material stream for plastic films, and an implementation guide for service providers.
• Whether there is sufficient funding for the implementation of changes to Local Authority waste services.
• Whether information packages could be produced for large organisations such as the NHS to encourage compliance.
• To reference the landfill ban in Scotland for biodegradable municipal waste, and the introduction of Digital Waste Tracking in 2027.
• A proposal to establish a dedicated recycling obligation for flexible plastic packaging within the PRN system, coupled with a ‘recycled in the UK’ target to encourage domestic reprocessing of flexible plastics.
• The costs stated in the FlexCollect Report, questions over whether there is a sufficient market for recycled flexible plastics.
• Interactions with other policies such as EPR, Flexible Films targets, DRS, Digital Waste Tracking, and ETS.
• To clarify the position on plastic films in clinical settings.

Government response:

We have made updates to the Code and impact assessments based on consultation feedback. These include clarifying the scope of collection requirements, including a definition of plastic films, highlighting the discretion of waste collectors to make appropriate arrangements for the collection of plastic films, clarifications regarding hazardous and clinical waste, and updating relevant sections of the Code to reflect upcoming Digital Waste Tracking requirements. Updated evidence relating to the implementation and cost of requiring plastic film collections is discussed in the Addendum to the BRIA.

Where consultation feedback highlights issues relating to wider Government policy (for example, recycling targets and packaging recycling notes) we will ensure that it is taken into account as part of the future development of those policies.

The Code introduces requirements for the collection of plastic film for recycling from businesses and commercial premises only. The Scottish Government has committed to introduce plastic film collections from households from 31 March 2027, but this commitment will be implemented through the household recycling Code of Practice. A co-design process is currently underway to develop the statutory household recycling Code of Practice with local authorities and other stakeholders. The updated household recycling Code of Practice is due to be consulted upon by the end of 2026 and will be introduced on a statutory basis following consultation.

The Code provides practical guidance on how to meet obligations and other aspects of the duty of care under the Environmental Protection Act 1990 (as amended). We will make further updates to the Code as required to account for new Scottish Government and relevant legislative change, including those highlighted in consultation responses, where these impact upon the duty of care.