The Waste and Emissions Trading Act 2003 (Commencement) (Scotland) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order brings sections 4, 5, 9, 10 and 18 of the Waste and Emissions Trading Act 2003 (“the 2003 Act”) into force as regards Scotland only.

Section 4 of the 2003 Act requires the Scottish Ministers (who in terms of section 24(1)(b) of that Act are the allocating authority for Scotland) to make among waste disposal authorities in Scotland for each scheme year, an allocation of allowances authorising the sending of amounts of biodegradable municipal waste to landfills.

Section 5 of the 2003 Act allows the Scottish Ministers to alter an allocation made under section 4.

Section 9 of the 2003 Act imposes on waste disposal authorities a duty not to exceed the allowance set under section 4 and renders them liable to a penalty and in certain circumstances a supplementary penalty for failure to meet this duty.

Section 10 of the 2003 Act requires the Scottish Ministers to appoint a monitoring authority for Scotland.

Section 18 of the 2003 Act requires the Scottish Ministers to have a strategy for reducing the amount of biodegradable waste from Scotland that goes to landfills and the amount of such waste from outside Scotland that goes to landfills in Scotland.

A full Regulatory Impact Assessment has not been prepared for this Order as it has no impact on costs to business.