http://www.legislation.gov.uk/ssi/2014/4/contentsThe Environmental Protection (Duty of Care) (Scotland) Regulations 2014enENVIRONMENTAL PROTECTIONStatute Law Database2026-06-26Expert Participation2025-11-01 Section 34(1) of the Environmental Protection Act 1990 (“the 1990 Act”) imposes a duty on any person who imports, produces, keeps or manages controlled waste, or who as broker or dealer has control of such waste, to take such measures on the transfer of the waste as are reasonable in the circumstances to secure that there is transferred with the waste such a written description of the waste as will enable other persons to avoid a contravention of any duty under that section or under section 33 of the 1990 Act. The Environmental Protection (Duty of Care) (Scotland) Regulations 2014 1Citation, commencement and extent 2Interpretation 3Transfer Notes 4Special waste: exception to requirement to prepare a transfer note 5Duty to keep a written description of waste or a transfer note 6Duty to produce a written description of waste or a transfer note 7Revocation 2014 No. 4 Environmental Protection The Environmental Protection (Duty of Care) (Scotland) Regulations 2014 Made 8th January 2014 Laid before the Scottish Parliament 10th January 2014 Coming into force 1st March 2014

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 34(5) of the Environmental Protection Act 1990 and paragraph 1A of Schedule 2 to the European Communities Act 1972 (“the 1972 Act”), and all other powers enabling them to do so.

 These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Scottish Ministers that it is expedient for references to Commission Decision 2000/532/EC to be references to that instrument as amended from time to time. 1990 c.43. As relevantly amended by S.S.I. 2012/148. The functions conferred upon the Secretary of State, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). 1972 c.68. Paragraph 1A of Schedule 2 to the 1972 Act was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and amended by Part 1 of Schedule 1 to the European Union (Amendment) Act 2008 (c.27). The functions conferred upon the Minister of the Crown, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). OJ L 226, 6.9.2000, p.3. As amended by Commission Decision 2001/118/EC (OJ L 47, 16.2.2001, p.1), Commission Decision 2001/119/EC (OJ L 47, 16.2.2001, p.32), and Council Decision 2001/573/EC (OJ L 203, 28.7.2001, p.18).