Duty of care: code of practice for managing controlled waste

Closes 5 Feb 2026

Opened 27 Nov 2025

Overview

Your response to this consultation should be informed by the draft updated duty of care code of practice for managing controlled waste and we recommend that you review this before responding. 

We welcome answers to this consultation from all affected stakeholders. We recommend that you only respond to the sections which outline your obligations. However, you may be obligated under multiple sections and you should refer to the draft code to confirm your obligations. Any general comments can be made under the final question.  

Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.

Consultation questions preview

The consultation questions are included here for your reference. Please click 'Begin consultation' at the bottom of this page to proceed.

Section 2: Your Obligations as a Waste Producer

Are you content with the clarity of this section and how it has changed from the current Code?

Are you content with the implementation of the requirement for businesses to present plastic films recyclables for collection through the draft code?

Section 3: Your Obligations as a Waste Collector

Are you content with the clarity of this section and how it has changed from the current Code?

Are you content with the implementation of the requirement for waste collectors to take all reasonable steps to collect and carry plastic films recyclables through the draft code?

Section 4: Your Obligations as a Waste Manager

Are you content with the clarity of this section and how it has changed from the current Code?

Section 5: Your Obligations in the Event of Waste Import or Export

Are you content with the clarity of this section and how it has changed from the current Code?

Section 6: Your Obligations as a Broker or Dealer

Are you content with the clarity of this section and how it has changed from the current Code?

Section 7: Your Obligations as a Householder

Are you content with the clarity of this section and how it has changed from the current Code?

Section 8: Transfer Notes

Are you content with the clarity of this section and how it has changed from the current Code?

Section 9: Glossary

Are all the definitions in this section clear?

Are there any additional terms in the document that you consider it necessary to provide a definition in this section?

Impact Assesments

Is there any further evidence relating to the impact on business that you would wish to be considered in updated impact assessments:

Is there any further evidence relating to the impact on protected characteristics that you would wish to be considered in updated impact assessments:

Is there any further evidence relating to the impact on island communities that you would wish to be considered in updated impact assessments:

Closing Question

Do you wish to make any other comments on the code as a whole?

Useful information about responding to this consultation

As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.

Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.

On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.

After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.

All relevant submitted responses will be analysed. This may be carried out by third party organisations who Scottish Government, its executive agencies or non-ministerial offices, contract to do this work. Such data sharing will be governed by appropriate contractual arrangements to keep your data secure.

An analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us.

You can also join our consultation mailing list where we regularly list newly published analysis reports (as well as new consultations).

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