Explanatory Notes

Climate Change (Scotland) Act 2009

2009 asp 12

4 August 2009

The Act

Part 5 – Other Climate Change Provisions

Chapter 5 – Waste reduction and recycling.Waste prevention and management plans
Power to establish scheme administrator

178.Should the Scottish Ministers determine that a new body be established to act as scheme administrator, it is necessary for them to have appropriate powers to give that new body the full range of functions needed to run a deposit and return scheme. Section 86 gives the Scottish Ministers those powers, which they may exercise by order. Again, specific mention is made of powers to borrow and to charge. Under subsection (2), any body which may be established to be a scheme administrator will be a body corporate.

179.Subsection (5) gives Ministers explicit powers to make specific arrangements in relation to issues such as status, constitution, accounts and records. Similarly, the Scottish Ministers may make specific rules for the status, remuneration, allowances and pensions of the members and employees who work for the scheme administrator.