Managing controlled waste - code of practice: duty of care - island communities impact assessment

Data and stakeholders

25. This ICIA uses evidence and data collected for the previous iterations of ICIAs for the pEPR consultations and legislation. It should be read in conjunction with the 2021 UK packaging producer responsibility system reform: partial island communities screening assessment^[27] and the 2024 Data and Stakeholders – Packaging EPR: Island Communities Impact Assessment^[28] for full details on the summary of activities and further engagement undertaken.

26. Overall, the impact of pEPR on island communities was assessed as being positive, supporting the development of a circular economy, acting to address the climate crisis, and reducing the amount of plastic pollution escaping into our natural environment.

27. To ensure that the proposed change to the existing Code is fully considered, further consideration has been undertaken by Scottish Government officials and Zero Waste Scotland. This is in addition to activities as detailed in the existing pEPR ICIAs.

28. Earlier ICIAs for pEPR had identified issues which were considered to have the potential to have different impacts for island communities:

• a. The higher costs of providing recycling and waste services to island communities will need to be fully accounted for within the disposal cost calculation process.
• b. The storage and transportation of packaging recycling and waste off island may require additional transport capacity.
• c. Recognition of the need for Gaelic-language materials.

29. Island and other remote communities are likely to have higher costs for recycling and the disposal of waste due to logistical challenges for waste collections, greater distances and / or costs to transport materials, and reduced access to disposal sites and recycling facilities. It is possible that such costs could increase for plastic films collected for recycling if there is limited access to sites that can accept or recycle that material.

30. However, while the way in which films will be managed by businesses will change, there will not be an increase in the volume of materials collected. Island and remote communities must already comply with the duties within the Environmental Protection Act 1990 relating to separate collection and management of dry recyclable waste; this update to the Code requires that plastic film is managed in line with these duties. It is therefore considered unlikely that new requirements to collect plastic film for recycling will have significant new impacts on island communities.

31. It is also considered unlikely that the issue of having to provide Gaelic-language training materials for their staff will arise. Businesses will already manage similar requirements for their workforce.

Increased recycling and waste costs for businesses

32. It is considered likely that waste management companies who collect waste from businesses will pass any increased costs of dealing with films and flexibles. This is covered in more detail in the Business and Regulatory Impact Assessment.

33. Businesses that produce waste are already obligated to take all reasonable steps to ensure the separate collection of dry recyclable waste, including plastics by the duty of care in the Environmental Protection Act 1990; this update to the Code makes clear that plastics include plastic films. ^[29] While businesses that produce waste may face increased waste management costs, this will occur Scotland-wide and is not unique to island communities.

34. It is possible that island communities will not be able to access appropriate end markets for separately collected plastic film and flexible plastic packaging, resulting in higher costs for waste management organisations, and in turn for waste producers, or reliance on alternative forms of waste management to recycling. This is particularly more likely in the early years of implementation due to the immaturity of the UK’s plastic film reprocessing capacity.

35. The Code is underpinned by a consideration of ‘reasonableness’ . Duties related to recycling require, for example, that all reasonable steps are taken to ensure that waste is managed in a manner that promotes high quality recycling. This would take into account the availability of commercially viable recycling markets for a particular grade of material, or the significant variability of gate fees among other factors. This, in turn, would be supported by SEPA’s pragmatic and proportionate approach to enforcement.

Storage and transportation of packaging recycling and waste off-island

36. The proposed change to the Code should not create new tonnage, rather it will drive a shift in material from the residual waste bin into recycling collections. As such, there should be minimal impact to current methods of storing and transporting packaging recycling and waste off-island.

Consultation

37. 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^[30]
• 2021. Consultation on the introduction of Extended Producer Responsibility for Packaging^[31]
• 2023. Consultation on the draft Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024^[32]

38. Implementation of the requirement to collect for recycling of plastic films from the non-household municipal sector is taken forward through amendment of the existing Duty of Care Code of Practice for managing controlled waste. The Scottish Government published a further public consultation on the updated Code from 27 November 2025 to 5 February 2026.^[33]

39. The consultation included a number of questions with regards to various impacts assessments. This included the following question specifically in relation to island communities

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

40. 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. Responses highlighted challenges in accessing waste management services that can handle separate plastic film collections, the economic feasibility of providing these services in remote areas, and additional transport costs. Respondents also recommended holding further local consultations once the new waste management systems are in place.

41. Consultation feedback has informed this ICIA and will inform implementation of new recycling requirements introduced under the Code. The Scottish Government has separately published a response to consultation feedback.