7.Section 1 of the Act requires the Scottish Ministers to prepare a circular economy strategy for Scotland. Subsection (2) sets out the mandatory content of the strategy, with subsection (3) setting out particular aspects of the circular economy, and subsections (4) to (11) other additional factors, that Ministers must have regard to when preparing the strategy.
8.Subsection (12) provides that in considering the priorities for action for inclusion in the strategy, Ministers must have particular regard to sectors and systems that are most likely to contribute to developing a circular economy, with reference to certain specified criteria.
9.Subsection (13) requires that the circular economy strategy is consistent, so far as practicable, with the climate change plan prepared under section 35 of the Climate Change (Scotland) Act 2009, with the environmental policy strategy prepared under section 47 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021, and with any other strategy or plan which the Scottish Ministers consider to be relevant.
10.Under subsections (14) and (15), Ministers must have regard to the circular economy strategy in developing, making and revising national policy (including proposals for legislation). For instance, in developing national policy relating to transport or another other devolved area of competence, Ministers would have to take account of the objectives included in the strategy.
11.Section 2 of the Act requires the Scottish Ministers to publish a draft circular economy strategy and to consult persons with an interest in the strategy (including public sector, private sector, charitable and international organisations), other appropriate persons, and the general public, on the preparation of the strategy.
12.Section 3 of the Act requires the Scottish Ministers to publish the circular economy strategy in such manner as they consider appropriate and lay a copy of this before the Scottish Parliament. Ministers are therefore afforded discretion as to how the circular economy strategy is published, but under subsection (2) the strategy must be published and laid before Parliament within 2 years of this section coming into force.
13.Subsection (3)(a) and (b) require the Scottish Ministers, as soon as practicable following the strategy’s publication, to publish and lay before the Scottish Parliament a report on the consultation undertaken in connection with the strategy.
14.Section 4 of the Act requires the Scottish Ministers to keep the circular economy strategy under review, and gives them a power to revise the strategy as appropriate. Subsection (2) provides that Ministers must revise the strategy if they have not revised and republished the strategy in the last 5 years.
15.Under subsection (3), sections 1(2) to (13), 2, 3(1) and (3) of the Act, regarding the content, consultation, publication and laying of the strategy before Parliament, apply to any process of revision under section 4(1).
16.Section 5: Reporting on strategy
17.Section 5 requires the Scottish Ministers to report every 2 and half years (half way through the expected duration of a circular economy strategy) on the progress made in respect of the objectives and plans included in the strategy; where any objectives have not been met, the measures the Scottish Ministers propose to meet those objectives; and on the steps taken to keep the strategy under review. Under subsection (2) Ministers must publish the report in such manner as they consider appropriate, and lay a copy of it before the Scottish Parliament.