Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Circular Economy (Scotland) Act 2024

Type Act of the Scottish Parliament

Publication 2024-08-08

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Circular economy strategy

1

(1) The Scottish Ministers must prepare a circular economy strategy.

(2) The circular economy strategy—

(a) must set out the Scottish Ministers’ objectives relating to developing a circular economy,

(b) must set out the Scottish Ministers’ plans for meeting those objectives (including priorities for action),

(d) may set out any other matters relating to developing a circular economy that the Scottish Ministers consider should be included.

(3) In preparing the circular economy strategy, the Scottish Ministers must have regard to the desirability of the economy being one in which—

(a) processes for the production and distribution of goods, products and materials are designed so as to reduce their consumption and their whole life-cycle carbon emissions,

(b) the delivery of services is designed so as to reduce the consumption and whole life-cycle carbon emissions of goods, products and materials,

(c) goods, products and materials are kept in use for as long as possible to reduce their consumption, their whole life-cycle carbon emissions and their impacts on the environment,

(d) the maximum value is extracted from goods, products and materials by the persons using them,

(e) goods, products and materials are recovered or, where appropriate, regenerated at the end of their useful life,

(f) waste is managed in Scotland if it is appropriate to do so,

(g) due diligence in relation to environmental protection and human rights is exercised in supply chains.

(4) In preparing the circular economy strategy, the Scottish Ministers must have regard to the following waste hierarchy—

(a) waste prevention,

(b) preparing for re-use,

(d) other recovery, including energy recovery,

(e) disposal.

(5) In preparing the circular economy strategy, the Scottish Ministers must have regard to the just transition principles set out in section 35C of the Climate Change (Scotland) Act 2009.

(6) In preparing the circular economy strategy, the Scottish Ministers must have regard to the desirability of encouraging the kinds of behavioural changes, and public education and skills, which would be required to meet the objectives set out in the strategy.

(7) In preparing the circular economy strategy, the Scottish Ministers must have regard to the circular economy targets imposed by regulations made under section 6.

(8) In preparing the circular economy strategy, the Scottish Ministers must have regard to the role that re-use, refill and take-back schemes have in contributing to the development of a circular economy.

(9) In preparing the circular economy strategy, the Scottish Ministers must have regard to the importance of consumer and workplace safety.

(10) In preparing the circular economy strategy, the Scottish Ministers must have regard to the potential international impacts of their circular economy policies.

(11) In preparing the circular economy strategy, the Scottish Ministers must have regard to—

(a) encouraging equal opportunities (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998), and

(b) furthering the reduction of inequalities of outcome which result from socio-economic disadvantage.

(12) In considering priorities for action under subsection (2)(b), the Scottish Ministers must have particular regard to sectors and systems most likely to contribute to developing a circular economy, with reference to the following criteria for identifying those sectors and systems—

(a) achieving the net-zero emissions target set out in section A1 of the Climate Change (Scotland) Act 2009,

(b) reducing the consumption and whole life-cycle carbon emissions of goods, products and materials,

(d) considering the wider environmental impact of particular sectors and systems.

(13) The circular economy strategy must be prepared with a view to achieving consistency, so far as practicable, between the objectives and plans set out in the strategy and—

(a) the climate change plan prepared under section 35 of the Climate Change (Scotland) Act 2009,

(b) the environmental policy strategy prepared under section 47 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021, and

(14) The Scottish Ministers must have regard to the circular economy strategy in making policies (including proposals for legislation).

(15) In subsection (14), making policies includes developing, adopting and revising policies.

Consultation on strategy

2

In preparing the circular economy strategy, the Scottish Ministers must publish a draft strategy and consult—

(a) such persons as they consider may have an interest in the strategy, including public sector, private sector, charitable and international organisations,

(b) such other persons as they consider appropriate, and

Publication and laying of strategy

3

(1) The Scottish Ministers must—

(a) publish the circular economy strategy in such manner as they consider appropriate, and

(b) lay a copy of the strategy before the Scottish Parliament.

(2) Subsection (1) must be complied with before the end of the period of 2 years beginning with the day on which this section comes into force.

(3) As soon as practicable after complying with subsection (1), the Scottish Ministers must—

(a) publish a report setting out—

(i) the consultation process undertaken in order to comply with section 2, and

(ii) the ways in which, in preparing the circular economy strategy, the Scottish Ministers have taken account of views expressed in the course of that process, and

(b) lay a copy of the report before the Scottish Parliament.

Review of strategy

4

(1) The Scottish Ministers—

(a) must keep the circular economy strategy under review, and

(b) may revise it as they consider appropriate.

(2) If the Scottish Ministers have not revised and republished the circular economy strategy within the period of 5 years beginning with the day on which the circular economy strategy was last published, they must revise the strategy.

(3) Sections 1(2) to (13), 2 and 3(1) and (3) apply in relation to revising the circular economy strategy as they apply in relation to preparing the first circular economy strategy.

Reporting on strategy

5

(1) The Scottish Ministers must, as soon as practicable after the end of each reporting period, prepare a report setting out—

(a) progress made in the reporting period in respect of the objectives and plans included in the circular economy strategy,

(b) where any objectives have not been met, the measures the Scottish Ministers propose to meet those objectives,

(2) The Scottish Ministers must—

(a) publish the report in such manner as they consider appropriate, and

(b) lay a copy of the report before the Scottish Parliament.

(3) In this section, “reporting period” means the period of 30 months beginning with the day on which the circular economy strategy was last published.

Circular economy targets

6

(1) The Scottish Ministers must by regulations make provision imposing targets on the Scottish Ministers relating to developing a circular economy.

(2) In considering the imposition of targets under subsection (1), the Scottish Ministers must have regard to the desirability of the economy being one in which—

(a) processes for the production and distribution of goods, products and materials are designed so as to reduce their consumption and their whole life-cycle carbon emissions,

(b) the delivery of services is designed so as to reduce the consumption and whole life-cycle carbon emissions of goods, products and materials,

(c) goods, products and materials are kept in use for as long as possible to reduce their consumption, their whole life-cycle carbon emissions and their impacts on the environment,

(d) the maximum value is extracted from goods, products and materials by the persons using them,

(e) goods, products and materials are recovered or, where appropriate, regenerated at the end of their useful life,

(f) waste is managed in Scotland if it is appropriate to do so,

(g) due diligence in relation to environmental protection and human rights is exercised in supply chains.

(3) Regulations under subsection (1) may in particular—

(a) provide for targets in relation to one or more of the following—

(i) reducing carbon emissions associated with the consumption of materials,

(ii) increasing re-use,

(iii) increasing refurbishment,

(iv) increasing repair,

(v) increasing recycling,

(vi) reducing waste,

(b) prioritise sectors and systems most likely to contribute to developing a circular economy, with reference to the criteria for identifying those sectors and systems set out in section 1 (12),

(4) Regulations under subsection (1) are subject to the affirmative procedure (but see section 8 in relation to the first regulations).

(5) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult—

(a) such persons as they consider may have an interest in the targets, including public sector, private sector, charitable and international organisations,

(b) such other persons as they consider appropriate, and

(6) Regulations under subsection (1) may—

(a) make different provision for different purposes or areas,

(b) make incidental, supplementary, consequential, transitional, transitory or saving provision.

Circular economy targets: monitoring and reporting

7

(1) Regulations under section 6 (1) must set out arrangements for—

(a) monitoring progress towards achieving targets, and

(b) reporting on progress towards achieving targets.

(2) Provision under subsection (1)(b) must require that each report sets out—

(a) progress the Scottish Ministers have made towards achieving targets in the period covered by the report, and

(b) any action the Scottish Ministers are taking to achieve targets.

(3) Provision under subsection (1)(b) must require that—

(a) the report is published in such manner as the Scottish Ministers consider appropriate, and

(b) a copy of the report is laid before the Scottish Parliament.

Circular economy targets: pre-laying procedure for first regulations

8

(1) This section applies where the Scottish Ministers propose to lay before the Scottish Parliament a draft of a statutory instrument containing the first regulations under section 6(1).

(2) The Scottish Ministers must, before doing so, lay before the Parliament—

(a) a copy of the proposed regulations, and

(b) a statement setting out their reasons for proposing to make those regulations.

(3) The Scottish Ministers must, when laying such a copy, specify a period (the “representation period”) during which representations on the proposed regulations may be made to them.

(4) The representation period must be at least 90 days, of which no fewer than 30 must be days on which the Parliament is not dissolved or in recess.

(5) The Scottish Ministers must, as soon as reasonably practicable after laying a copy of the proposed regulations, publicise them in such manner as they consider appropriate.

(6) The Scottish Ministers must, before laying the proposed regulations before the Parliament, have regard to—

(a) any representations on the proposed regulations made to them,

(b) any resolution relating to those regulations passed by the Parliament, and

(c) any report relating to those regulations published by any committee of the Parliament for the time being appointed by virtue of standing orders,

before the expiry of the representation period.

(7) The Scottish Ministers must, when laying such proposed regulations, lay a statement setting out—

(a) details of any representations, resolutions or reports mentioned in subsection (6), and

(b) the changes (if any) they have made to the proposed regulations in response to such representations, resolutions or reports and the reasons for those changes.

(8) In this section, “proposed regulations” means a draft of a statutory instrument to which subsection (1) applies.

Restrictions on the disposal of unsold consumer goods

9

(1) The Climate Change (Scotland) Act 2009 is modified as follows.

(2) After section 78 insert—

(78A) (1) The Scottish Ministers may, by regulations, make provision prohibiting or restricting the disposal of unsold consumer goods if they consider it appropriate to do so for the purpose of reducing waste. (2) In subsection (1), “consumer goods” means goods intended to be purchased, used or consumed by a consumer. (3) But “consumer goods” does not include food (within the meaning of Regulation (EC) No. 178/2002). (4) Consumer goods are “unsold” if they have not been sold to, or have been returned by, a consumer. (5) In this section, “consumer” means— (a) an individual— (i) who purchases, uses or receives goods or services which are supplied in the course of a business carried on by the person supplying them, and (ii) who is not purchasing, using or receiving the goods or services wholly or mainly in the course of a business carried on by the individual, or (b) a business (including a business carried on by an individual) which purchases, uses or receives goods or services which are supplied in the course of a business carried on by the person supplying them. (6) Regulations under subsection (1) may in particular— (a) specify the particular types of unsold consumer goods to which the prohibitions or restrictions apply, (b) include provision about the persons to whom the prohibitions or restrictions apply, (c) include provision about the meaning of “disposal” for the purposes of the regulations, (d) include further provision about the meaning of “unsold” for the purposes of the regulations, (e) include provision to prioritise the re-use, rather than recycling of unsold goods, in line with the waste hierarchy, (f) provide for exemptions from the prohibitions or restrictions, (g) subject to section 89, include provision about— (i) the enforcement authority in relation to the regulations, and (ii) the functions of that authority, (h) include other provision about enforcement of the regulations. (7) Provision about enforcement under subsection (6)(h) may in particular include provision— (a) enabling functions of the enforcement authority to be carried out on its behalf by persons authorised in accordance with the regulations, (b) about the keeping of records and their production to the enforcement authority, (c) about offences in relation to failures to comply with requirements in the regulations, (d) for the giving of notices by or on behalf of the enforcement authority offering a person the opportunity of discharging any liability to conviction for an offence under the regulations by payment of a fixed penalty. (8) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate. (9) The Scottish Ministers must, as soon as reasonably practicable after regulations under subsection (1) are made, publish guidance for the enforcement authority in relation to the functions conferred on it by the regulations. (10) The enforcement authority must have regard to any guidance published under subsection (9).

Charges for single-use items

Power to require imposition of charges for single-use items

10

(1) The Climate Change (Scotland) Act 2009 is modified as follows.

(2) In section 83(4), for “In this section and in section 84,” substitute “For the purpose of this section and any regulations made under it,”.

(3) In section 84, after subsection (7) insert—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.