
1 
These Regulations may be cited as the Waste (Materials Facilities) (Scotland) Regulations 2024 and come into force on 1 April 2025.
2 
For regulation 32A (schedule 1 conditions: materials recovery facilities) of the Pollution Prevention and Control (Scotland) Regulations 2012, substitute—“
32A. 

(1) SEPA must ensure that a permit granted or varied on or after 1 April 2025 which authorises the operation of a materials facility contains a condition requiring the operator of the installation of which the facility forms part to comply with the Materials Facilities Code.
(2) In this regulation—
 “Materials Facilities Code” means the Code of Practice on Sampling and Reporting at Materials Facilities issued by the Scottish Ministers on 24 June 2024,
 “materials facility” means—
(a) a materials recovery facility, being a facility where dry recyclable waste is treated in order to separate that waste into a dry waste stream or streams,
(b) a facility where dry recyclable waste from more than one supplier is consolidated into bulk quantities—
(i) as a first point of consolidation, or
(ii) following the first consolidation of bulk quantities, transferred from other suppliers,for the purpose of selling or transferring the dry recyclable waste to other facilities or persons to enable that waste to be prepared for re-use or recycling,
 “dry recyclable waste” means separately collected waste, that is—
(a) glass,
(b) metals,
(c) plastics,
(d) paper,
(e) card (including cardboard),
(f) fibre-based composite material,
 “dry waste stream” means a quantity of dry recyclable waste of the same type (such as glass),
 “fibre-based composite material” means packaging material which is made of paperboard or paper fibres, with a layer of plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand,
 “supplier” means—
(a) where dry recyclable waste is collected pursuant to arrangements made under section 45(1)(a) or (b) of the 1990 Act by a waste collection authority within the meaning of section 30(3)(c) of that Act, the waste collection authority, except in a case falling within sub-paragraph (b),
(b) where dry recyclable waste has been transferred from another materials facility, the operator of the materials facility from which that waste was transferred,
(c) in a case not falling within sub-paragraph (a) or (b), the person who collected the dry recyclable waste, or if that person is not known, the person responsible for delivering it to the materials facility.
(3) In this regulation, a materials facility does not include a bring site as defined in section 45C(7) of the 1990 Act.”.
3 
The Waste Management Licensing (Scotland) Regulations 2011 are amended in accordance with regulations 4 to 6.
4 
In regulation 2 (interpretation)—
(a) in paragraph (1)—
(i) after the definition for “disposal licence”, insert—“
 “dry recyclable waste” means separately collected waste, that is—
(a) glass,
(b) metals,
(c) plastics,
(d) paper,
(e) card (including cardboard),
(f) fibre based composite material,
 “dry waste stream” means a quantity of dry recyclable waste of the same type (such as glass),”,
(ii) after the definition for “exempt activity”, insert—“
 “fibre-based composite material” means packaging material which is made of paperboard or paper fibres, with a layer of plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand,”,
(iii) after the definition for “local authority”, insert—“
 “Materials Facilities Code” means the Code of Practice on Sampling and Reporting at Materials Facilities issued by the Scottish Ministers on 24 June 2024,”,
(iv) after the definition of “special waste”, insert—“
 “supplier” means—
(a) where dry recyclable waste is collected pursuant to arrangements made under section 45(1)(a) or (b) of the 1990 Act by a waste collection authority within the meaning of section 30(3)(c) of that Act, the waste collection authority, except in a case falling within sub-paragraph (b),
(b) where dry recyclable waste has been transferred from another materials facility, the operator of the materials facility from which that waste was transferred,
(c) in a case not falling within sub-paragraph (a) or (b), the person who collected the dry recyclable waste, or if that person is not known, the person responsible for delivering it to the materials facility,”,
(b) after paragraph (2), insert—“
(2A) In these Regulations—
(a) “materials facility” means—
(i) a materials recovery facility, being a facility where dry recyclable waste is treated in order to separate that waste into a dry waste stream or streams, or
(ii) a facility where dry recyclable waste from more than one supplier is consolidated into bulk quantities—(aa) as a first point of consolidation, or(bb) following the first consolidation of bulk quantities, transferred from other suppliers,for the purpose of selling or transferring the dry recyclable waste to other facilities or persons to enable that waste to be prepared for re-use or recycling,
(b) a reference to a materials facility does not include a bring site as defined by section 45C(7) of the 1990 Act.”.
5 
For regulation 13B (conditions of waste management licences: materials recovery facilities), substitute—“
13B. 
A waste management licence that is granted or varied on or after 1 April 2025 by the waste regulation authority which authorises the treatment of dry recyclable waste at a materials facility must contain a condition requiring the holder of a licence to comply with the Materials Facilities Code.”.
6 
After regulation 17 (exemptions from waste management licensing), insert—“
17A. 
A materials facility which carries on an exempt activity set out in paragraph 11 or 17 of schedule 1 must, as a condition of that exemption, comply with the Materials Facilities Code.”.
GILLIAN MARTIN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
25th June 2024