Part I E+W+S Waste on land

Modifications etc. (not altering text)

C1Part I (ss.1–30): power to transfer functions conferred by Local Government Act 1985 (c. 51, SIF 81:1), s. 10(4)

Pt. I (ss. 1-30) applied (with modifications) (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 10 (as amended (15.5.2006) by S.I. 2006/937, reg. 6(10)(b))

C2Pt. I (ss. 1-30) modified (1.2.1996) by 1995 c. 25, s. 5(5)(c) (with ss. 115, 117); S.I. 1996/186, art. 2

Pt. I modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Collection and disposal of controlled wasteE+W+S

[F115 Disposal of waste in Scotland.E+W+S

(1)It shall be the duty of each Scottish disposal authority to arrange for the disposal of any waste collected by it, in its capacity as a collection authority, in pursuance of section 12 of this Act; and, without prejudice to the authority’s powers apart from the following provisions of this subsection, the powers exercisable by the authority for the purpose of performing that duty shall include power—

(a)to provide, within or outside its area, places at which to deposit waste before the authority transfers it to a place or plant or equipment provided in pursuance of the following paragraph; and

(b)to provide, within or outside its area, places at which to dispose of the waste and plant or equipment for processing it or otherwise disposing of it.

(2)Subsections (6) and (7) of section 12 of this Act shall have effect in relation to a Scottish disposal authority as if the reference in paragraph (a) of the said subsection (6) to the collection of waste in pursuance of that section included the disposal of waste in pursuance of this section and the disposal of anything produced from waste belonging to the authority.

(3)A Scottish disposal authority may permit another person to use facilities provided by the authority in pursuance of the preceding provisions of this section and may provide for the use of another person any such facilities as the authority has power to provide in pursuance of those provisions, and—

(a)subject to the following paragraph, it shall be the duty of the authority to make a reasonable charge in respect of the use by another person of the facilities unless the authority considers it appropriate not to make a charge;

(b)no charge shall be made in pursuance of this subsection in respect of household waste; and

(c)anything delivered to the authority by another person in the course of using the facilities shall belong to the authority and may be dealt with accordingly.

(4)References to waste in subsection (1) of this section do not include matter removed from privies in pursuance of section 12(5) of this Act, and it shall be the duty of a Scottish collection authority (other than an islands council) by which matter is so removed—

(a)to deliver the matter, in accordance with any directions of the regional council of which the area includes that of the collection authority, at a place specified in the directions (which must be in or within a reasonable distance from the collection authority’s area) to the regional council or another person so specified;

(b)to give to the regional council from time to time a notice stating the quantity of the matter which the collection authority expects to deliver to or as directed by the regional council in pursuance of the preceding paragraph during a period specified in the notice;

(5)Any question arising in pursuance of paragraph (a) of the preceding subsection as to whether a place is within a reasonable distance from a collection authority’s area shall, in default of agreement between the collection authority and the regional council in question, be determined by arbitration; and anything delivered to a regional council in pursuance of that subsection shall belong to the council and may be dealt with accordingly.

(6)This section applies to Scotland only.]

Textual Amendments