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_20250509_Transport Minister Letter - A1 Litter Responsibilities

Argyll and Bute Council · 11 September 2025
Back to Environment, Development and Infrastructure Committee — 11 September 2025 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

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John Muir House
Haddington
East Lothian
EH41 3HA
Tel 01620 827827
eastlothian.gov.uk 
Our Ref: LR/EH/090525 
9 May 2025 
Ms F Hyslop MSP
Cabinet Secretary for Transport
The Scottish Parliament
Edinburgh 
Via email: Fiona.Hyslop.msp@parliament.scot 
Dear Ms Hyslop 
Re: A1 Road Network – Litter Management Responsibilities 
Under the Environmental Protection Act 1990: Code of Practice on Litter and Refuse
(CoPLAR), the Council understands its duty to ensure land under our control is kept
clear of litter and ensure public roads, for which the Council are responsible, are kept
clean, so far as is practicable.   
At East Lothian Council on 29th April 2025, a report regarding Litter Management
Responsibilities on the A1 Road Network was considered and available here - A1
Road Network - Litter Management Responsibilities. 
The majority of the A1 in East Lothian has been delivered under special orders with
Scottish Ministers (and their appointed contractor currently BEAR Scotland)
responsible under the Act.  There are two sections not part of the special roads order: 
a. From the border with Edinburgh Council to Old Craighall.
b. From Thistly Cross to the border with Scottish Borders Council. 
The Council has maintenance responsibility of section a. above as Roads Authority. 
Section b. is not held in Council ownership and there is no responsibility for roads
maintenance, repairs or grass cutting which is undertaken by BEAR Scotland.   This
section has therefore not been zoned by the Council; however, the Council undertakes
litter management by default as it has not been included in the special order contract. 
Council resource relating to cleansing and litter management is contained within the
Amenity Services, Environmental Health and Community Protection budgets.  There
is no specific allocation of budget explicitly for litter prevention strategies and the
Council will determine priority of spend from within available resource on a case-by-
case basis. 
Litter is not caused by the Council but by the behaviour of individuals. This contributes
towards the pressures on local services.

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As a local authority experiencing significant housing and population growth set in
National Planning Frameworks, the demand for our Services continue to grow.  This
is expected to impact our future capacity required to adhere to the standards identified
based on the range of priorities and areas requiring attention under the act.  We
prioritise areas based on the factors identified in the act with a focus on population
centres of high footfall.   
The provision of additional local resource is extremely challenging within the current
backdrop of public sector finance, and it is therefore likely that any future expenditure
on litter prevention and clearance will be required to be managed within existing
resource. 
The Council is part of an A1 Litter Coordination Group organised in conjunction with
BEAR Scotland, Transport Scotland, City of Edinburgh Council and Scottish Borders
Council. 
We have worked in collaboration to undertake litter picks of section b. (above) in March
2023, April 2024 and April 2025.   
The Council has a regularly reviewed risk assessment for litter picking and a Safe
Operating Procedure (SOP) for this task on the A1.  Bins are strategically located in
laybys and cleared daily by Council staff.  Litter picking verges adjacent to the A1
carriageway carries a higher risk to staff than other areas due to the proximity to and
speed of traffic. Measures including lane closures have been identified as required
mitigations under the Council SOP.  Transport Scotland have funded lane closures
solely for the purpose of litter management to allow the Council’s safe operating
procedure to be adhered to.   
BEAR Scotland undertake litter management on the rest of the A1 between Old
Craighall and Thistly Cross.  The BEAR risk assessment allows the specialist road
contractor to undertake litter picking on other sections without the need for a lane
closure or in conjunction with other cyclical maintenance and planned closures for
other purposes. 
At Council on 29th April, it was agreed to write requesting a review of responsibilities
for the full section of the A1.  We would welcome a move towards consistency with
areas part of the special roads order and the transfer of litter management to the
specialist road contractor BEAR.  This would allow the Council to focus resources on
population centres, local road network and area of ownership and responsibility.   
Under the current arrangements, having different operators on the trunk road presents
logistical and practical challenges.  A Review may wish to consider whether the current
model and responsibilities creates a higher combined cost across public sector
agencies and best use of resources. 
Sections of the A1, and other trunk roads sit within Scottish Local Authority
boundaries.  A review may consider a consistent approach across all trunk roads.  I
have therefore copied this letter to other Local Authority Chief Executives and COSLA
who may wish to consider their local context and provide additional information
regarding this subject.

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I trust that the information contained within this letter helps provide the context.  We
are happy to engage in further dialogue with partners to consider this matter and look
forward to your response. 
Yours sincerely 
Laurence Rockey
Chief Executive 
c.c    Councillor Norman Hampshire, Council Leader
Paul McLennan, MSP
Colin Beattie, MSP
Martin Whitfield, MSP
Craig Hoy, MSP
Chief Executives – Scottish Local Authorities
Chief Executive - COSLA
Chief Executive – Transport Scotland