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Asked by:
Fulton MacGregor, MSP for Coatbridge and Chryston, Scottish National Party
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Date lodged:
13 October 2025
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Current status:
Answered by Gillian Martin on 5 November 2025
To ask the Scottish Government, in light of reported recent fire incidents at recycling facilities, including one at S. Morton & Co recycling facility in Glasgow East, what safety regulations and enforcement measures are in place to protect public safety and nearby communities.
The following regulations apply to waste and recycling facilities in Scotland.
- Building (Scotland) Regulations 2004
- Building (Scotland) Act 2003 (and associated legislation)
- Dangerous Substances and Explosive Atmospheres Regulations 2002
- Environmental Protection Act 1990
- Fire (Scotland) Act 2005
- Management of Health and Safety at Work Regulations 1999
- Pollution Prevention and Control (Scotland) Regulations 2012
- Waste Management (Scotland) Regulations 2011
The following table covers the various organisations involved in authorising the creation and operation of waste and recycling sites, including their responsibilities and enforcement duties.
Organisation | Responsibilities |
Site operators (Dutyholder) | - Fire – There is a requirement under the Fire Scotland Act 2005 to ensure a competent fire risk assessment is carried out and dutyholders should ensure all actions and requirements of the Fire Risk Assessment are completed.
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SEPA | - Licence or permit waste management sites to mitigate the environmental and public health risks from waste activities, through the provision of Waste Management Licences and Waste Management Licence exemptions, or Pollution Prevention and Control (PPC) Permits.
- In making determinations on Waste Management Licences or PPC permit applications, will consider Site Management Plans, which could include storage conditions for example.
- Undertakes enforcement activities, including site inspections, to ensure relevant compliance with Waste Management Licence and PPC permit conditions and the conditions of waste management licence exemptions.
- Key Agency in the Land Use Planning system in Scotland, SEPA a consultee on applications for Environmental Impact Assessment development, and all National Developments.
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Scottish Fire and Rescue Service | - Provides fire safety advice when required to all relevant (non-domestic) sites (including waste sites).
- Where concerns are raised SFRS can provide fire safety advice and where the risk is deemed high a fire safety audit may be carried out.
- Following a fire incident, SFRS will carry out a post fire audit or investigation where required and may enforce any required actions from the audit. Relevant partners may be notified where necessary.
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Health & Safety Executive | - National Regulator for Health and Safety.
- Enforce the relevant health and safety regulations
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Local Authority (Planning departments) | - Determine planning applications for waste management facilities (land use suitability)
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Local Authority (Building standards) | - Responsible for administering and enforcing the Scottish building standards system.
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