The first batch of proposed legislation for the Secondary Legislation Scrutiny Committee to consider have been published.

These proposed Statutory Instruments (SIs) are the start of a series of proposed legislative changes that will be necessary for when the UK leaves the European Union on "exit day". Prior to being implemented into law, these SIs will pass through the newly established Secondary Legislation Scrutiny Committees. Each House will have its own designated Committees.

The Committees will be taking up the role of "sifting" through proposed negative instruments following the passing of the European Union (Withdrawal) Act 2018.

The European Union (Withdrawal) Act 2018 gives Ministers wide powers to make Regulations to deal with the deficiencies in retained EU law which will result from the UK's withdrawal from the EU. It allows them a choice of procedure and most Regulations will first be laid as "proposed negative instruments", which after a "sifting" process, will be laid as SIs.

The process

How the process will work:

  • Ministers will propose negative instruments for consideration;
  • the Committees will have 10 days, starting the day after the proposed negative instrument is laid to scrutinise the proposed legislation and make their recommendations;
  • if either Committee recommends a proposed negative instrument should be upgraded to an affirmative procedure, the Minister may either accept or reject the recommendation, and if rejected give a written statement explaining why;
  • any instruments recommended for upgrade will be listed online.

What are negative instruments?

Negative instruments are made by a Minister before they are laid before Parliament, and they come into force generally 21 days after being laid.

To prevent a negative instrument coming into force or remaining in force, a motion to annul it has to be agreed by the Parliament in the Chamber no later than 40 days after the instrument was laid. If no such motion is made, the instrument automatically becomes law.

This process is different to the affirmative procedure where an instrument will usually first be presented in draft format and will not come into force until it has been approve by Parliament.

The current proposed negative statutory instruments relevant to health, safety and environmental legislation are the:

Published statutory instruments

As time goes on, the negative instruments will be laid before Parliament and then passed into law. The following list shows the confirmed statutory instruments that will come into force on exit day, which is 29 March 2019 at 11pm:

  • Vehicle Drivers (Certificates of Professional Competence) (Amendment) (EU Exit) Regulations SI 2018/1004;
  • Timber and Timber Products and FLEGT (EU Exit) Regulations SI 2018/1025;
  • Seal Products (Amendments) (EU Exit) Regulations SI 2018/1034;
  • Feed-in Tariffs and Contracts for Difference (Amendment) (EU Exit) Regulations SI 2018/1092;
  • Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) (EU Exit) Regulations SI 2018/1093;
  • Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations SI 2018/1388;
  • Animal By-Products and Transmissible Spongiform Encephalopathies (England) (Amendment) (EU Exit) Regulations SI 2018/1120;
  • Rail Passengers’ Rights and Obligations (Amendment) (EU Exit) Regulations 2018 SI 2018/1165;
  • Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations SI 2018/1202;
  • Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations SI 2018/1221;
  • Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations SI 2018/1232;
  • Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations SI 2018/1234;
  • Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations SI 2018/1235;
  • Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations SI 2018/1278;
  • Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations SI 2018/1286;
  • Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations SI 2018/1325;
  • CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations SI 2018/1336;
  • INSPIRE (Amendment) (EU Exit) Regulations SI 2018/1338;
  • Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations SI 2018/1342;
  • Health and Safety (Amendment) (EU Exit) Regulations SI 2018/1370;
  • Health and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2018/1377;
  • Marine Environment (Amendment) (EU Exit) Regulations SI 2018/1399;
  • Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations SI 2018/1400;
  • Persistent Organic Pollutants (Amendment) (EU Exit) Regulations SI 2018/1405;
  • Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations SI 2018/1407;
  • Trade in Endangered Species of Wild Fauna and Flora (Amendment) (EU Exit) Regulations SI 2018/1408;
  • Aquatic Animal Health and Alien Species in Aquaculture (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/9;
  • Fisheries (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/24;
  • Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/24;
  • Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations SI 2019/25;
  • Environment (EU Exit) (Scotland) (Amendment etc.) Regulations SSI 2019/26;
  • Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/31;
  • Water and Floods (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/32;
  • Renewables Obligation (Amendment) (EU Exit) Regulations SI 2019/35;
  • Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations SI 2019/39;
  • Marine Environment (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/55;
  • Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/57;
  • Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations SI 2019/74;
  • Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations SSI 2019/80;
  • Wildlife and Countryside Act 1981 (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/84;
  • Genetically Modified Organisms (Amendment) (England) (EU Exit) Regulations SI 2019/88;
  • Genetically Modified Organisms (Amendment) (EU Exit) Regulations SI 2019/90;
  • Animal By-Products and Transmissible Spongiform Encephalopathies (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/94;
  • Control of Mercury (Amendment) (EU Exit) Regulations SI 2019/96;
  • INSPIRE (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/103;
  • Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations SI 2019/107;
  • Pesticides (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/118;
  • Water (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/112;
  • Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/113;
  • Radioactive Contaminated Land (Modification of Enactments) (Wales) (Amendment) (EU Exit) Regulations SI 2019/114;
  • Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations SI 2019/131;
  • Export Control (Amendment) (EU Exit) Regulations SI 2019/137;
  • Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations SI 2019/156;
  • Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations SI 2019/188;
  • Genetically Modified Organisms (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/190;
  • Nuclear Safeguards (EU Exit) Regulations SI 2019/196;
  • Metrology, Health and Safety and Product Safety (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/202;
  • Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations SI 2019/223;
  • Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (EU Exit) Regulations SI 2019/244;
  • Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/245;
  • Environmental Noise (Wales) (Amendment) (EU Exit) Regulations SI 2019/247;
  • Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations SI 2019/270;
  • Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations SI 2019/271;
  • Animal By-Products and Transmissible Spongiform Encephalopathies (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/273;
  • Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations SI 2019/277;
  • Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations SI 2019/279;
  • Fluorinated Greenhouse Gases and Ozone-Depleting Substances (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/281;
  • Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/289;
  • Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/306;
  • Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations SI 2019/311;
  • Railways (Interoperability) (Amendment) (EU Exit) Regulations SI 2019/345;
  • Fisheries and Marine Management (Amendment) (Wales) (EU Exit) Regulations SI 2019/370;
  • Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/377;
  • Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/379;
  • Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations SI 2019/390;
  • Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/414;
  • Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations SI 2019/451;
  • Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (England and Wales) (EU Exit) Regulations SI 2019/452;
  • Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations SI 2019/453;
  • Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/456;
  • Environment (Amendment etc.) (EU Exit) Regulations SI 2019/458;
  • Flood and Water (Amendments) (England and Wales) (EU Exit) Regulations SI 2019/460;
  • Construction Products (Amendment etc.) (EU Exit) Regulations SI 2019/465;
  • Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations SI 2019/470;
  • Environment and Wildlife (Legislative Functions) (EU Exit) Regulations SI 2019/473;
  • Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations SI 2019/490;
  • Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations SI 2019/518;
  • Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations SI 2019/530;
  • Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations SI 2019/531;
  • Electricity Network Codes and Guidelines (Markets and Trading) (Amendment) (EU Exit) Regulations SI 2019/532;
  • Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) Regulations SI 2019/533;
  • Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations SI 2019/534;
  • Employment Rights (Amendment) (EU Exit) Regulations SI 2019/535;
  • Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/537;
  • Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations SI 2019/539;
  • Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations SI 2019/544;
  • Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations SI 2019/550;
  • Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations SI 2019/557;
  • Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations SI 2019/559;
  • Floods and Water (Amendment etc.) (EU Exit) Regulations SI 2019/558;
  • Shipments of Radioactive Substances (EU Exit) Regulations SI 2019/571;
  • Conservation of Habitats and Species (Amendment) (EU Exit) Regulations SI 2019/579;
  • Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/581;
  • Conservation (Natural Habitats, etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/582;
  • Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations SI 2019/583;
  • Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations SI 2019/584;
  • International Waste Shipments (Amendment) (EU Exit) Regulations SI 2019/590;
  • Drivers’ Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations SI 2019/596;
  • Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations SI 2019/601;
  • Waste (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/620;
  • European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations SI 2019/628;
  • Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations SI 2019/630;
  • Aviation Noise (Amendment) (EU Exit) Regulations SI 2019/643;
  • Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations SI 2019/648;
  • Detergents (Amendment) (EU Exit) Regulations SI 2019/672;
  • Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations SI 2019/696;
  • Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations SI 2019/700;
  • Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations SI 2019/708;
  • Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations SI 2019/733;
  • REACH etc. (Amendment etc.) (EU Exit) Regulations SI 2019/758;
  • Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/962;
  • Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations SI 2019/1098;
  • Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/1101;
  • Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) (No. 2) Regulations SI 2019/1104;
  • REACH etc. (Amendment etc.) (EU Exit) (No. 3) Regulations SI 2019/1144.

We will keep this page updated with all the latest developments and proposed negative statutory instruments so you can keep track of any upcoming changes.

On the 25 June 2019, at Nenagh Circuit Court, the Judge Tom Teehan imposed a fine of €300,000 on the Company Balfour Beatty CLG Limited for a single breach of legislation. 

The company pleaded guilty to a breach of the Safety, Health and Welfare at Work Act 2005. This prosecution followed a fatal incident on 27 February 2015, at Carrigatogher, Nenagh, Co Tipperary - Mr Patrick Horgan was fatally injured when the pipeline he was working on exploded and ruptured while it was under test pressure. He was the employee of a company who had been subcontracted to Balfour Beatty CLG for the installation of a 400mm gas pipeline that was to run from Birdhill to Nenagh.

The primary company, Balfour Beatty CLG had previously pleaded guilty to a single charge, in that it had failed to manage and conduct its undertaking in such a way that non-employees were not exposed to risks to their safety in that they failed to ensure that appropriate safety measures or precautions were in place. Such measures would be able to protect workers from the dangers created by piping that had been pressurised for testing. 

Are you wondering why we're discussing legislation in the Republic of Ireland? Watch this space... 

Private appeal for Climate Action
Published: 20 Aug 2019

The British Government has made a private appeal to senior Coalition ministers to help develop a more "ambitious" climate policy, as a result of growing concern that Australia is not doing enough to cut emissions. 

While the government is busy fending off criticism from Pacific island nations about their own climate policies, it has been revealed that the UK's high commissioner to Australia, Vicki Treadell has met with both ministers since the May election, using the introductory meetings to help convey Britain's view - being that it wants all countries, including Australia, to increase it's climate ambitions. This, because the country has prioritised climate action, becoming the first G7 country to legislate the target of net zero greenhouse emissions by 2050 - this proving possible: as the economy grows by 70% since 1990, the emissions have reduced by 40%.

It is understood that the meeting consisted of discussions around the future of Australia's energy policy, following the Coalition's dumping of its proposed national energy guarantee in the dying days of Malcolm Turnbull's time as a Prime Minister. Another bilateral meeting for Treadell raised the need for more ambitious climate action as pacific islands worry, some of which face an existential threat from the rising sea levels. 

Australian Prime Minister, Scott Morrison, batted away criticism about the country's position at the Pacific Islands Forum, following a refusal to endorse a statement he had that had called for both a quicker transition to renewable energy and a pledge to end coal-fired power. They did commit $500 million in the form of aid money to respond to the emergency, however, they have rebuffed calls for bolder emissions reductions targets, and aren't looking to use their carry-over credits to help meet their 2030 Paris emissions reduction targets. 

The UK has also put in an effort to step up its diplomatic activities in the Pacific in an 'uplift' program to set up posts across various islands. There is a belief that all countries need to do better, falling short of many important targets. The pressure is on from the UN for their next Climate Summit at New York, at which they will ask the visiting countries to explain their plans for how they are to reach net-zero emissions by 2050. 

The UK is planned to host next years COP (Conference of the Parties), and we can expect higher pressure on Australia for then as well.

The Environmental Protection Agency (EPA) published their Industrial and Waste License Enforcement Report 2018 on 18 July 2019, and has found that overall there is good levels of compliance at licensed industrial and waste sites - though they continue to focus at a small number of problematic sites. 

This report provides details of compliance levels and enforcement activities across over 800 licensed facilities through 2018. Its results showed that 15 sites had been identified as National Priority Sites for enforcement by the EPA in 2018, and those that were found were mostly food and drink (6), or waste sites (5) - some have since shown improvements, but there still remains a priority for 5 sites that have not seen any change. These companies risk further enforcement action for various key issues.  

There has been a 22% reduction in the number of complaints received by the EPA compared to 2017, and the majority of sites (85%) have no complaints made against them at all. There was a fair variety in the complaints that there was, seeing:

  • 57% relating to odour;
  • 27% related to noise;
  • and 34% of these related to just three sites. 

Of the 1,490 site inspections that were carried out, 95% of those were unannounced - a quarter of those were in response to complaints, allowing for the most efficient and realistic view of the companies. As a result of these surprise inspections, there were 15 prosecutions in 2018 - this resulted in fines of over €241,000 being imposed. 

Darragh Page, the EPA Programme Manager, for the Office of Environmental Enforcement has said, "The EPA targets its enforcement efforts at the most non-compliant facilities. The publication of the National Priority Sites system last year has continued to drive environmental compliance and much-needed investment in environmental infrastructure.”

Licensed sites are here identified by the EPA as ones to be enforced as a National Priority Site using a system they have developed. Allocation of points to each site based on compliance data (such as complaints, incidents, and non-compliances over the last 6 months) determines its status - those which exceed a certain threshold are given the status of a 'National Priority Site', and as such are targeted for further enforcing action. These lists are updated on a quarterly basis. 

Are you wondering why we're discussing legislation in the Republic of Ireland? Watch this space...

Chancellor Sajid Javid has announced an investment of a further £600 million from the Housing Infrastructure Fund (HIF) to deliver 50,000 new homes across England. 

The homes are planned to be erected in "high demand" areas through South East, and East of England, provided with money by the Housing Infrastructure Fund (HIF). The HIF was launched by Javid back when he was the communities secretary, and has been a success, seeing £1.3 billion allocated to deliver housing throughout England, as the Government attempts to meet their target of 300,000 homes a year by the mid-2020s.

He has said: "I want to see more homes built in the places people want to live, so more people realise the dream of homeownership."

Javid believes that the money is best used for providing funding for the infrastructure to actually unlock new areas for homes - roads, rail links and schools to support the families are essential for gaining the right standard of life that the Government is looking to provide here. The money will help to get more people n the property ladder, and allow more communities to actively flourish - the HIF itself is designed to support local authorities while increasing housing in their local area; to make more land available for this housing, and to deliver new physical infrastructure that supports new and existing communities. 

It consists of five different projects:

  • £218 million to the Beaulieu Station and North-east bypass in Chelmsford - to deliver a new train station and road improvements to help unlock 14,000 homes;
  • £99.9 million for the Tendring Colchester Borders Garden Community - a second bid for a new single carriageway link road and works to enable 7,500 new homes to be built;
  • £156 million for the Meridian Water bid, for 10,000 homes by improving rail works, roads, land from floods and other utilities;
  • £69.6 million for the Transformational Growth in Biggleswade bid to deliver a new secondary school and transport infrastructure for a new 3,000 homes;
  • £80.8 million for the 'East London Line - Growth Capacity' bid to help deliver transport upgrades to unlock around 14,000 homes. 

Robert Jenrick, the Housing Secretary has said, "To build more, we need to provide the infrastructure and public services to match. This package will support existing communities and ensure they receive the roads and schools to sustain the homes being built."

The executive member for planning and regeneration at the Central Bedfordshire council, Kevin Collins, has said: "Securing this advance funding for vital services and infrastructure demonstrates our commitment to planning for, and delivering, sustainable growth. During the local plan consultations, we heard loud and clear from the public that they want to have the right schools, facilities, health services and transport links in place ahead of the houses: that’s exactly what we’ve done here, and why we’ve worked so hard to secure this money."

Holyrood in Edinburgh has restated its commitment to a landfill ban that is planned for 2021 - despite chances that it might be pushed back to 2025.

Claims by a spokesperson for the Scottish Government states that available evidence showed "significant progress" had been made towards meeting the 2021 target, and most councils had either long term or interim solutions in place, despite scepticism. This statement came in the response to a letter wrote to the country's Herald national newspaper - one signed by former senior waste and environmental services staff who work at Scottish Councils. These same people also suggested that the deadline was likely to change. 

Those from the councils of:

  • Inverness - Colin Clark;
  • Fife - Chris Ewing;
  • Falkirk -John G Cunningham

have claimed in their letter sent on 5 August to the Herald, that they think the delay will be accompanied by a 'fiscal measure'. They have written: "The 2021 landfill biodegradable waste ban illustrates perfectly the laissez-faire attitude of the government, which will over the coming days put the ban date back probably to 2025 (to coincide with the 2025 recycling and landfill target) doubtless with some lame fiscal measure which will not help."

In response, to defend themselves against these comments, the Scottish Government has emphasised that they are "committed to ending the practice of sending biodegradable municipal waste to landfill". 

The ban itself was passed under the Waste (Scotland) Regulations SSI 2012/148 and states that no biodegradable municipal waste will be allowed to be sent to landfill sites from 1 January 2021.

There were concerns that both the local authorities and commercial waste operators in Scotland have failed to make adequate preparations for the ban, raised in a Eunomia report to Holyrood back in April. At that time, a Scottish Government spokesperson has said that they remained aware of those challenges but persisted that those affected had been given adequate time to prepare, adding: "It is [...] disappointing that there is uncertainty around the readiness of some councils. Our focus is on working with authorities who do not yet have a solution in place to identify ways in which they can comply with the ban. Further details will be available in due course."

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