EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Pollution Prevention and Control (Scotland) Regulations 2012 (“the 2012 Regulations”) and the Waste Management Licensing (Scotland) Regulations 2011 (“the 2011 Regulations”). The amendments are required following the introduction of the Code of Practice on Sampling and Reporting at Materials Facilities issued by the Scottish Ministers on 24 June 2024 (the “Materials Facilities Code”), replacing the previous Code issued on 2 March 2015, and in order to expand the scope of facilities required to comply with the terms of the Materials Facilities Code.
Regulation 2 substitutes regulation 32A of the 2012 Regulations to require that permits granted or varied for materials facilities on or after 1 April 2025 must include a condition requiring the operator to comply with the Materials Facilities Code.
Regulation 5 substitutes regulation 13B of the 2011 Regulations to require that waste management licences which authorise the treatment of dry recyclable waste at a materials facility granted or varied on or after 1 April 2025 must contain a condition requiring the licence holder to comply with the Materials Facilities Code.
Regulation 6 inserts new regulation 17A into the 2011 Regulations to require that materials facilities carrying on an exempt activity set out paragraph 11 or 17 of schedule 1 of the 2011 Regulations must, as a condition of that exemption, comply with the Materials Facilities Code.
This instrument supports the introduction of Extended Producer Responsibility for packaging. A Business Regulatory Impact Assessment of the effect that Extended Producer Responsibility for packaging will have on the costs of business has been placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government, Producer Responsibility Division, Area 3H South Victoria Quay, Edinburgh EH6 6QQ, and online at legislation.gov.uk.