Scottish waste acceptance directions EPA 1990 s. 58
EPA 1990 s. 58 empowers the Secretary of State to direct a Scottish waste authority to accept and keep, or accept and treat or dispose of controlled waste.
In relation to Scotland, the Secretary of State may give directions to a waste disposal authority to accept and keep, or accept and treat or dispose of, controlled waste at specified places on specified terms; and it shall be the duty of the authority to give effect to the directions.
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
In Scotland, the Secretary of State has the power to issue binding directions to a waste disposal authority regarding controlled waste. Under this power, directions can mandate that an authority accept and keep controlled waste, or accept and either treat or dispose of it.
Any directions given under this section may designate the specific places where the waste must be handled and set the terms governing acceptance, storage, treatment, or disposal. The targeted waste disposal authority is under a strict legal duty to give effect to those directions.
Controlled waste covers household, commercial, and industrial waste regulated by statute. This mechanism allows central government intervention to compel local authorities in Scotland to handle specific waste streams under specified conditions.
When it applies
- The Secretary of State directs a Scottish waste disposal authority to accept and keep emergency stockpiles of controlled waste at a specified regional facility.
- A local authority in Scotland receives a central direction to accept and treat industrial controlled waste under specified terms following a large-scale cleanup.
- A waste disposal authority is directed to accept and dispose of controlled waste at a designated site in accordance with government instructions.
What this section does not say
- Directions concerning waste disposal authorities in England and Wales, which fall under separate statutory provisions.
- Orders compelling land occupiers or individuals to clear unlawfully deposited waste from private land.
- Routine duties of Scottish waste collection authorities regarding regular household collections.
Related sections
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This page reproduces the text of EPA 1990 s. 58 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.