Litter and flytipping offences - enforcement review: final report

Appendix 3 – Code of Practice on Litter and Refuse (CoPLaR) duties

CoPLaR^[197] set out two key duties, and places responsibilities on certain bodies, as outlined below:

Duty 1: To keep land clear of litter and refuse

Local authorities, Scottish Ministers, certain Crown Authorities that occupy or manage Crown Land, Crown Estate Commissioners, Crown Estate Scotland, Educational institutions including: universities, publicly-funded colleges and schools, any operator of a relevant railway asset (such as a railway station and track), passenger transport executives, light railway/tramway operators, road transport operators, other than taxi or other hire cars, canal operators, port/dock/harbour/pier operators, airport operators, occupiers of relevant land within Litter Control Areas

Duty 2: To keep roads clean

Local authorities – in respect of roads for which they are responsible, Scottish Ministers – in respect of motorways, and other special roads that are also trunk roads and certain other roads for which they are responsible

Action may be undertaken on the body’s behalf, for example outsourced to road maintenance contractors for clean-up or other organisations for prevention activities. However, the responsibility of meeting duties remains with the relevant body.