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Part IIU.K. Waste on Land

Modifications etc. (not altering text)

C1Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))

Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)

Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Commencement Information

I1Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2

Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.

Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)

Collection, disposal or treatment of controlled wasteE+W+S

[F145CSeparate collection of dry recyclable waste and food waste: ScotlandS

(1)This section applies to a waste collection authority whose area is in Scotland (an “authority”) when the authority is making an arrangement in accordance with section 45(1)(a).

(2)An authority must, from 1st January 2014, arrange for there to be provided to the occupier of every domestic property in its area such receptacles as will enable the separate collection of dry recyclable waste from the property.

(3)An authority need not arrange for a receptacle to be provided under subsection (2) if—

(a)the property is in a rural area, and the authority considers that the separate collection of dry recyclable waste from the property would not be environmentally or economically practicable; or

(b)the authority considers that dry recyclable waste if not presented in a receptacle will be deposited at a bring site.

[F2(4)An authority need not comply with subsection (2) to the extent that—

(a)it considers that—

(i)such non-compliance will not affect the potential of the waste to undergo preparing for re-use, recycling or other recovery operations, and

(ii)the resulting output will be of comparable quantity and quality to that achieved if subsection (2) were complied with, and

(b)it is satisfied that dry recyclable waste will not be mixed with other waste that cannot be recycled.]

(5)An authority must, from 1st January 2016, arrange for there to be provided to the occupier of every domestic property in its area (apart from a property in a rural area)—

(a)a receptacle which enables the separate collection of food waste from the property; or

(b)where an authority is satisfied that the amount of food waste that will be collected is not significantly less than would be collected in a receptacle provided under paragraph (a), a receptacle which enables the occupier to present food waste and other biodegradable waste for collection.

(6)An authority must, from 1st January 2014, take such steps as the authority considers reasonable to—

(a)promote separate collection (including the making of arrangements for the provision of a food waste receptacle); and

(b)promote recycling in any other manner.

(7)In this section—