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Duty of Care

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The Duty of Care is a legal responsibility that applies to everyone managing waste. Failure to comply with the duties can lead to a conviction or a monetary penalty.

Who do the duties apply to?

Any person who: 

  • Produces waste
  • Transports waste
  • Stores or keeps waste
  • Treats or disposes of waste
  • Has control of waste without being in physical possession of it, for example a person who arranges waste collections on behalf of others. 

What are the duties?

The duties that apply depend on who you are and what role you are carrying out in the waste management chain.  

Householders’ must ensure waste is only passed to an authorised person.  

Businesses that produce waste, or waste contractors that collect waste, have a more extensive set of duties. To comply with the Duty of Care, most people will need to carry out the following steps as a minimum: 

  • Ensure their waste is only given to an authorised person. This could be a waste carrier who is registered with SEPA, or a facility that holds a licence or permit issued by SEPA.
  • Complete a waste transfer note or special waste consignment note when passing waste on to another person. Often a waste contractor will complete this on behalf of a client, but waste producers must ensure one is completed and be satisfied that the information it contains is correct.
  • From the point of collection through to the destination of the waste, keep food waste, waste oils, and recyclable wastes such as glass, metals, plastics, paper and card separate from other waste streams.
  • Prevent the escape of waste from your control by ensuring it is securely contained.

More information

You can find further guidance on your duties and how to comply with them in the statutory guidance document Duty of Care: A Code of Practice.  

You can also visit the Netregs website for further advice and tools including e-learning.  

If you are looking to find out if a person is registered with SEPA as a waste carrier, you can check our register.  

If you cannot find the information you need, you can contact us.