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Waste Collection and Recycling (Scotland) Act 2019 1

MODEL
SCOTTISH PARLIAMENT

Waste Collection and Recycling (Scotland) Bill


SP Bill 67

(as introduced)

An Act of the Scottish Parliament to make provision about the supply and maintenance of litter bins
by local authorities; to confer duties on local authorities in relation to waste disposal; and for
connected purposes.

1 National standards for litter bins


(1) The Litter Act 1983 is amended as follows.
(2) After section 7 (litter bins in Scotland), insert—
“7A Litter bins in Scotland: power to set standards
(1) The Scottish Ministers may by regulations impose such requirements as to the size,
construction, and appearance of litter bins provided by a litter authority in Scotland
as the Scottish Ministers consider appropriate.
(2) In making such regulations, the Scottish Ministers must have regard to—
(a) the ease with which a member of the public is able to use the litter bins,
(b) the ease with which the litter authority is able to empty, cleanse, and otherwise
maintain the litter bins.
(3) Regulations under this section must not be made unless—
(a) those regulations make provision of the kind mentioned in subsection (4), or
(b) such provision has already been made and is, when the regulations are made,
in force.
(4) The provision mentioned in this subsection is provision which—
(a) requires that litter bins are provided with separate compartments or additional
receptacles intended to receive recyclable plastic, metal, and paper;
(b) imposes requirements as to the colouring of each compartment or additional
receptacle with a view to enabling a person to determine their intended use;
(c) requires that graphical representations be affixed to litter bins or additional
receptacles to convey their intended use; and
(d) requires that, where a litter bin is situated within 50 metres of premises used
regularly for the sale to or consumption by the public of food, the litter bin is
provided with a separate compartment or additional receptacle intended to
2 Waste Collection and Recycling (Scotland) Act 2019

receive food and biological waste for composting.


(5) Regulations under this section may make different provision for different purposes.
(6) Regulations under this section may make transitional or saving provision.
(7) Regulations under this section are subject to the negative procedure.”
(3) In section 8 (provisions supplementary to s. 7)—
(a) in the heading, for “s. 7” substitute “ss. 7 and 7A”;
(b) in subsection (7), for “section 7” substitute “sections 7 and 7A”.

2 Recyclable waste accepted at local authority disposal facilities


In section 53 of the Environmental Protection Act 1990 (duties of authorities as respects
disposal of waste collected: Scotland), after subsection (3) insert—
“(3A) Where a waste disposal authority allows a person to deposit waste at its facilities
under subsection (3), the authority must secure that each of its facilities is suitably
equipped to receive and arrange for the recycling of—
(a) dry recyclable waste, and
(e) food waste.
(3B) But subsection (3A) applies only so far as each of the materials is recyclable at
reasonable cost to the authority.”

3 Guidance as to recycling
(1) The Scottish Ministers may issue guidance to local authorities about the exercise of the
authority’s functions under the Environmental Protection Act 1990, so far as those
functions relate to the recycling of waste (within the meaning of Part 2 of that Act).
(2) A local authority must have regard to such guidance in exercising those functions.

4 Ancillary provision
(1) The Scottish Ministers may by regulations make such incidental, supplementary, or
consequential provision as they consider necessary or appropriate in connection with or for
the purpose of giving full effect to this Act.
(2) Such regulations may modify any enactment (including this Act).
(3) Such regulations may, where the Scottish Ministers are satisfied that it is reasonable to do
so, provide for sections 1 to 3 to come into force in a local authority area on a day—
(a) after the day it would otherwise come into force in that area, and
(b) within the period of six months beginning with that day.
(4) Regulations under this section are subject to—
(a) where the regulations modify an enactment, the affirmative procedure;
(b) otherwise, the negative procedure.

5 Commencement
(1) Sections 1 to 3 come into force 6 months after Royal Assent.
(2) The other provisions of this Act come into force on the day after Royal Assent.

6 Short title
The short title of this Act is the Waste Collection and Recycling (Scotland) Act 2019.