Recycling bin duties in Scotland EPA 1990 s. 45C
Scottish councils must provide separate dry recycling bins from 1st January 2014 and food waste bins from 1st January 2016, subject to rural exemptions.
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). 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. An authority need not arrange for a receptacle to be provided under subsection (2) if— 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 the authority considers that dry recyclable waste if not presented in a receptacle will be deposited at a bring site. An authority need not comply with subsection (2) to the extent that— it considers that— such non-compliance will not affect the potential of the waste to undergo preparing for re-use, recycling or other recovery operations, and the resulting output will be of comparable quantity and quality to that achieved if subsection (2) were complied with, and it is satisfied that dry recyclable waste will not be mixed with other waste that cannot be recycled. 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 receptacle which enables the separate collection of food waste from the property; or 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. An authority must, from 1st January 2014, take such steps as the authority considers reasonable to— promote separate collection (including the making of arrangements for the provision of a food waste receptacle); and promote recycling in any other manner. In this section— “bring site” means any site (supervised or otherwise) where— an occupier of domestic property can deposit dry recyclable waste produced on that property in receptacles for one or more dry waste streams; and waste so deposited is collected and transported separately by an authorised person (for which see section 34(3; “receptacle” has the same meaning as in section 46(10); and “rural area” has the same meaning as in section 34(4B).
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section places duties on Scottish waste collection authorities when arranging household waste collections. From 1st January 2014, authorities must supply domestic properties with receptacles that enable dry recyclable waste to be collected separately. From 1st January 2016, authorities must also provide food waste containers, or containers for food and organic waste combined if collection volumes remain comparable.
An authority does not need to provide dry recycling containers if the home is in a rural area and separate collection is not environmentally or economically practicable, or if dry recyclables will be dropped off at a designated bring site. Exemption also applies if the council can recover equal quantity and quality of recyclable material without separate containers, as long as recyclable streams are not mixed with non-recyclable waste.
Rural properties are exempt from the food waste container requirement. Additionally, from 1st January 2014, Scottish authorities are required to take reasonable steps to actively promote recycling and the separate collection of household waste.
When it applies
- A resident in a Scottish town requesting separate household bins to keep dry recyclables split from main rubbish.
- A council exempting remote rural homes from receiving doorstep dry recycling bins in favour of local bring sites.
- A Scottish local authority choosing to collect food waste combined with garden waste in a single organic bin.
What this section does not say
- Household recycling collection duties for local authorities in England (governed by section 45A).
- Recycling bin requirements for commercial or industrial business premises (governed by section 47).
- Fines and penalties issued to householders for placing waste in the wrong bin (governed by section 46A).
Related sections
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This page reproduces the text of EPA 1990 s. 45C in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.