- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The Scottish Ministers may, by regulations, require—
(a)persons of the kinds specified to provide facilities for the deposit of waste;
(i)to collect waste deposited by virtue of paragraph (a);
(ii)to ensure, in so far as reasonably practicable, that such waste collected by or transferred to them (whether in accordance with section 34 of the 1990 Act or otherwise) is recycled.
(2)The regulations may in particular include provision about—
(a)the circumstances in which facilities must be provided, including the places at which they must be provided;
(b)the persons for whom facilities must be provided;
(c)the kinds of waste for which facilities must be provided;
(d)the circumstances in which authorised persons must collect waste, including which authorised persons must do so;
(e)the charging by authorised persons for collecting waste, for recycling waste and for otherwise ensuring waste is recycled;
(f)subject to section 89—
(i)the enforcement authority in relation to the regulations; and
(ii)the functions of that authority;
(g)the keeping of records and their production to the enforcement authority;
(h)the enforcement of the duties imposed by the regulations;
(i)offences in relation to failures to comply with requirements of the regulations.
(3)The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.
(4)The Scottish Ministers may not, by regulations under this section, impose requirements on persons to provide facilities for the deposit of waste in circumstances in relation to which regulations under section 81 may be made.
(5)In this section and in section 81, “authorised person” has the same meaning as in section 34(3) of the 1990 Act.
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Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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