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Procurement Reform (Scotland) Act 2014

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36Amendment of Climate Change (Scotland) Act 2009

This section has no associated Explanatory Notes

After section 82 of the Climate Change (Scotland) Act 2009 (asp 12) insert—

“82AProcurement of recycled and recyclable products etc.

(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—

  • “contracting authority” has the meaning given by section 1 of the Procurement Reform (Scotland) Act 2014,

  • “specified” means specified in the regulations.”.

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