Recycling waste powers: EPA 1990 s. 55
EPA 1990 s. 55 gives waste disposal and collection authorities in England and Wales powers to recycle waste: buy, use for energy, sell. Not for Scotland.
This section has effect for conferring on waste disposal authorities and waste collection authorities powers for the purposes of recycling waste. A waste disposal authority may— make arrangements . . . to recycle waste as respects which the authority has duties under section 51(1) above or agrees with another person for its disposal or treatment; make arrangements . . . to use waste for the purpose of producing from it heat or electricity or both; buy or otherwise acquire waste with a view to its being recycled; use, sell or otherwise dispose of waste as respects which the authority has duties under section 51(1) above or anything produced from such waste. A waste collection authority may— buy or otherwise acquire waste with a view to recycling it; use, or dispose of by way of sale or otherwise to another person, waste belonging to the authority or anything produced from such waste. This section shall not apply to Scotland.
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
Section 55 gives waste disposal authorities and waste collection authorities in England and Wales specific powers to promote recycling. These are powers, not duties – the authorities may use them but are not required to.
For waste disposal authorities, the powers include making arrangements to recycle waste they are responsible for under section 51(1), using waste to produce heat or electricity, buying waste for recycling, and selling or otherwise disposing of waste or anything produced from it.
Waste collection authorities may buy or acquire waste with a view to recycling it, and may use or sell waste belonging to them or anything produced from such waste.
This section does not apply to Scotland; separate provision exists in section 56.
When it applies
- A waste disposal authority contracts with a private company to recycle household waste collected under section 51.
- A waste collection authority buys unwanted clothing from residents to recycle into industrial rags.
- A waste disposal authority builds a plant to turn food waste into electricity and sells the electricity to the grid.
- A waste collection authority uses its own collected paper to manufacture new paper products and sells them.
- A waste disposal authority sells compost made from garden waste to local farmers.
What this section does not say
- Private individuals or businesses recycling their own waste – this section only applies to waste authorities.
- Imposing a legal duty to recycle – the section grants power, not obligation.
- Setting penalties or procedures for non-compliance – see sections 46A‑46D for penalties.
- Application in Scotland – this is covered by section 56.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of EPA 1990 s. 55 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.