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Part 5SOther climate change provisions

Chapter 5SWaste reduction and recycling

Procurement of recyclateS

82Procurement of recyclateS

(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,

recyclate.

(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.

Commencement Information

I1S. 82 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[F182A Procurement of recycled and recyclable products etc. S

(1)The Scottish Ministers may by regulations require specified contracting authorities to ensure that—

(a)a specified proportion of the goods or works procured by or on behalf of the authorities, or

(b)a specified proportion of the materials used in the production, provision or construction of goods, services or works so procured,

fall within subsection (2).

(2)Something falls within this subsection if—

(a)it has been used already (including where it has been refurbished since that use),

(b)it has been remanufactured, or

(c)it is designed to be repaired, reused, refurbished, remanufactured or recycled.

(3)The regulations may, in particular, make provision about—

(a)the circumstances in which the requirement applies,

(b)the kinds of things in relation to which the requirement applies,

(c)how the specified proportions are to be determined,

(d)the circumstances in which a person may apply to the Scottish Ministers to have the requirement disapplied,

(e)subject to section 89—

(i)the enforcement authority in relation to the regulations, and

(ii)the functions of that authority,

(f)the keeping of records and their production to the enforcement authority,

(g)the enforcement of the duties imposed by the regulations,

(h)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—

Textual Amendments