Powers for recycling waste: Scotland EPA 1990 s. 56
Section 56 EPA 1990 gives waste disposal authorities in Scotland powers to enable recycling, buy waste for recycling, and use/sell waste or products from it.
Without prejudice to the powers of waste disposal authorities apart from this section, a waste disposal authority may— do such things as the authority considers appropriate for the purpose of— enabling waste belonging to the authority, or belonging to another person who requests the authority to deal with it under this section, to be recycled; or enabling waste to be used 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 belonging to the authority or anything produced from such waste. This section applies to Scotland only.
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 gives waste disposal authorities in Scotland extra powers to promote recycling and energy recovery from waste. They may do anything they consider appropriate to enable recycling of waste they own or waste that someone else asks them to deal with. They may also enable waste to be used to produce heat or electricity.
The authority may buy waste for recycling, and may use, sell or dispose of waste they own or anything made from it. These powers are additional to their existing powers, not a replacement. This section applies only to Scotland.
When it applies
- A Scottish waste disposal authority sets up a recycling centre for household waste.
- A waste disposal authority buys scrap metal from a local business to recycle.
- A waste disposal authority uses waste to generate electricity at a facility.
- A resident asks the waste disposal authority to recycle their old furniture, and the authority agrees.
- The authority sells recycled compost made from garden waste.
What this section does not say
- This provision does not apply to waste disposal authorities in England or Wales (see section 55 for their powers).
- It does not impose a duty to recycle; it only gives discretionary powers.
- It does not cover penalties for failing to recycle (see sections 46C and 46D).
- It does not cover receptacles for waste (see section 47).
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. 56 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.