Commentary on Provisions Household waste Section 16: Code of practice on household waste recycling
86.Section 16 of the Act amends the Environmental Protection Act 1990 Act by inserting a new section 44ZZA and adjusting section 44ZA. These changes introduce a code of practice about household waste collection and recycling functions.
87.Section 16(2) inserts section 44ZZA. Section 44ZZA(1) requires the Scottish Ministers to prepare and publish a code of practice, the purpose of which is to set out the standards expected of, and steps to be taken by, local authorities in carrying out their household waste collection and recycling functions. Section 44ZZA(2) allows the code to make different provision for different purposes or different local authority areas. Section 44ZZA(3) then makes further provision about the content of the code.
88.Sections 44ZZA(4) to (7) set out the procedure for the publication and revision of the code. The Scottish Ministers may revise the code (section 44ZZA(4)). Before publishing the first or revised version, they must consult local authorities and SEPA (section 44ZZA(5)). They may not publish a version of the code until after the expiry of the period of 40 days beginning with the day that a draft of that version of the code is laid before the Parliament (section 44ZZA(6)). In calculating the period of 40 days mentioned in subsection (6), no account is to be taken of any time during which the Parliament is dissolved, or in recess for more than 4 days (section 44ZZA(7)).
89.Section 44ZZA(8) provides that the definitions of “local authority” and “waste management functions” in the existing section 44ZA apply also for the purposes of the new provision; and also sets out a definition of “recycling” for the purposes of the new provision.
90.Section 16(3) amends section 44ZA in various respects such that local authorities’ integrated waste management plans must set out how the local authority in question intends to perform its functions consistently with the code.