Overview
4.The Scottish Government recognises that sustainable consumption and production are essential for Scotland’s transition to a low-carbon and green economy, in order to meet Scotland’s obligations to tackle the climate emergency and the biodiversity crisis. Material consumption and waste are primary drivers of nearly every environmental problem Scotland currently faces, from water scarcity to habitat and species loss. Estimates suggest around four fifths of Scotland's carbon footprint comes from the products we manufacture, consume and throw away and the services we use. A circular economy based on reducing waste, carbon emissions, and pressures on the natural environment, provides an alternative economic model.
5.Circular economy and waste policy is a complex landscape, with Scottish, UK, European and global dimensions to consider. The system for production of our products and materials involves supply chains that span the globe. The purpose of the Circular Economy (Scotland) Act 2024 is to introduce measures as part of the transition to a circular economy that require primary legislation, and to modernise Scotland’s waste and recycling services.
6.The Act includes the following provisions:
Circular economy strategy: placing a duty on Scottish Ministers to publish or refresh a circular economy strategy at least every 5 years.
Circular economy targets: placing a duty on the Scottish Ministers to develop statutory targets for the circular economy
Restrictions on the disposal of unsold consumer goods: providing powers to limit the disposal of unsold goods.
Charges for single-use items: creating a power to set a minimum charge for certain throwaway items.
Fly-tipping offences and removal of waste: increasing the maximum amount at which the fixed penalty for a fly-tipping offence can be set in regulations and adjusting provisions allowing authorities to require the removal of unlawfully deposited waste.
Information on fly-tipping offences: giving Ministers a power to require information from councils and Loch Lomond and The Trossachs National Park Authority on fly-tipping.
Householder’s duty of care in relation to waste: making it a criminal offence for a householder to breach their existing duties of care under the Environmental Protection Act 1990, in relation to the transfer of waste, and creating a new fixed penalty regime to enforce these duties.
Household waste: requiring local authorities to comply with a code of practice on collection and recycling and giving local authorities a package of new responsibilities and powers, including powers for the Scottish Ministers to set recycling targets for local authorities.
Littering from vehicles: establishing a new civil penalty regime that will make the keeper of a vehicle liable to pay a civil penalty charge in respect of a littering offence committed from that vehicle.
Enforcement powers in respect of certain environmental offences: improving enforcement against fly-tipping and other waste crime through a power allowing the Scottish Environment Protection Agency (“
SEPA ”) and local authorities to seize vehicles involved in specified waste crime, and a power to allow fixed penalty notices to be issued for offences relating to environmentally harmful items.Offences relating to the use etc. of injurious articles or substances: fixed penalty notices: creating a new fixed penalty regime in relation to offences created in regulations made under section 140 of the Environmental Protection Act 1990 in relation to the use etc. of injurious articles or substances.
Reporting on waste, surpluses, etc: obtaining information about where waste is occurring through a power to require information which will lead to public reporting of waste and surplus by businesses (the intention is for this initially to be applied to information about food).
Zero Waste Scotland: conferring on Zero Waste Scotland the relevant powers and duties which apply to other public bodies now that the Office for National Statistics has classified Zero Waste Scotland as a public sector organisation.
Deposit and return schemes: replacing the power for Scottish Ministers to direct a scheme administrator of a deposit return scheme with a power to make such provision in an order designating a new or existing body as a scheme administrator.
