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Environmental Protection: Duty Of Care

Volume 570: debated on Thursday 21 March 1996

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asked Her Majesty's Government:What plans they have to revise the code of practice on the duty of care.

LEATotal number of schoolsNumber with over 50% access to teaching accommodationPercentage with over 50% access to teaching accommodation
Corporation of London100

Following public consultation, my right honourable friends the Secretaries of State for the Environment, for Wales and for Scotland have today issued a revised duty of care code of practice under Section 34 of Part II of the Environmental Protection Act 1990.The code of practice gives practical guidance to all waste holders on how to discharge their responsibilities under the duty of care. It has been revised in order to take into account changes to waste management legislation since it was first published in 1991 and in order to provide specific guidance to the metal recycling industry.The duty of care applies to any person who produces, imports, carries, keeps, treats or disposes of controlled waste. It obliges waste holders: to prevent the escape of waste in their control; to transfer it only to someone who is legally authorised to accept it; and to ensure that it is recovered or disposed of lawfully by others.Parties to any waste transfer must complete, sign and keep a transfer note which provides a cradle to grave audit trail of the waste transferred.The code of practice is admissible as evidence in court in prosecutions for breach of the duty of care. Breach of the duty is an offence with a penalty of an unlimited fine if convicted on indictment. As required by Section 34(9) of the 1990 Act, a copy of the revised code of practice is being laid before the House and placed in the Library of the Houses.