237.This section requires the Scottish Ministers to issue guidance in relation to the by-products conditions and the end-of-waste conditions for scallop shells(23). These conditions relate to when an item (in this case a scallop shell) may be treated as a by-product or when it can be considered to have ceased to be waste. Subsection (5) identifies the regulations in which the conditions may be found(24). The guidance is intended to address perceived gaps and barriers in respect of the regulation of scallop shell waste by the Scottish Environment Protection Agency (“SEPA”).
238.The waste regulation authority (that is, SEPA25) is to have regard to any guidance issued under this section in relation to the exercise of its functions.
239.Before issuing any guidance under this section, the Scottish Ministers must consult SEPA, as well as Food Standards Scotland and any other persons as they consider appropriate. The guidance must be issued within one year of the provision coming into force and must be published.
The Act Scallop shells Section 46 – Guidance about scallop shells