- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The Scottish Ministers may, by regulations, require persons of the kinds specified to comply with the requirement in subsection (2).
(2)That requirement is to ensure that things procured or constructed by or on behalf of such persons—
(a)comprise of; or
(b)include or contain a certain proportion of,
(3)The regulations may in particular include provision about—
(a)the circumstances in which the requirement applies;
(b)the kinds of things in relation to which the requirement applies;
(c)the proportion of recyclate that such things must include or contain;
(d)how such proportions are to be determined;
(e)the circumstances in which a person may apply to the Scottish Ministers to have the requirement disapplied;
(f)subject to section 89—
(i)the enforcement authority in relation to the regulations; and
(ii)the functions of that authority;
(g)the keeping of records and their production to the enforcement authority;
(h)the enforcement of the duties imposed by the regulations;
(i)offences in relation to failures to comply with requirements of the regulations.
(4)The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.
(5)Persons to whom the regulations apply must have regard to any guidance given by—
(a)the Scottish Ministers;
(b)the enforcement authority,
to them in relation to the requirements imposed by the regulations.
(6)In this section, “recyclate” means waste that has been recycled.
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Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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