The Government has published the regulations that bring in to force the implementation dates for Simpler Recycling in England.
Commencement regulations are a piece of legislation that bring into force primary legislation – so in this case the relevant sections of the Environment Act 2021. That means that once it’s been commenced in the order, the primary legislation is active from a certain date and generally cannot be withdrawn without new primary legislation. Commencement regulations are done communally, alongside other policies.
The regulations confirm that separate food waste, garden waste and other recycling (e.g. glass, metal, plastic, paper and card) collections must be in place by 31st March 2026 for households and 31st March 2025 for relevant household waste from non-domestic premises and relevant industrial or commercial waste from premises.
Transitional arrangements
These Regulations also confirm which local authorities have been given transitional arrangements for introducing food waste collections, and the agreed implementation date for these authorities. There are 31 local authorities with transitional arrangements, with dates ranging from June 2026 to February 2043. Please see the full list here.
They confirm that both households and non-domestic premises(subject to the requirements of section 45AZA of the Environmental Protection Act 1990) in local authority areas with a transitional arrangement are exempt until the later date.
Next steps
Defra intend to introduce the remaining regulations, as part of the new Simpler Recycling legislation, before summer recess (subject to the parliamentary process). Defra then intend to publish the final statutory guidance. If you have further questions please contact Jenny.
Other provisions
The regulations also enact Environment Act sections on:
- Environmental recall of motor vehicles
- Reporting on discharges from storm overflows
- Drainage and sewerage management plans