Circular economy targets
Section 6: Circular economy targets
18.Section 6 of the Act requires the Scottish Ministers to impose targets on themselves by regulations relating to developing a circular economy. Regulations under subsection (1) will be subject to the affirmative Parliamentary procedure in general (section 6(4)). The first set of regulations will also be subject to the pre-laying procedure set out in section 8.
19.Subsection (2) sets out particular aspects of the circular economy to which Ministers must have regard in considering imposing targets in regulations under subsection (1), with subsection (3) making further illustrative provision about subjects for the targets and allowing the regulations to make provision for review of the targets.
20.Subsection (5) requires the Scottish Ministers to consult persons with an interest in the targets (including public sector, private sector, charitable and international organisations), other appropriate persons, and the general public, before laying a draft of regulations under subsection (1) before the Scottish Parliament.
21.Subsection (6) allows for regulations under subsection (1) to make the ancillary provision listed there, including e.g. different provision in relation to different areas of Scotland, and transitional and saving provision to manage the transition should the targets change.
Section 7: Circular economy targets: monitoring and reporting
22.Section 7 of the Act provides that regulations under section 6(1) must set out arrangements for monitoring and reporting on progress towards achieving the circular economy targets. Reports must set out progress the Scottish Ministers have made towards achieving the circular economy targets, along with any action Ministers are taking to achieve the targets. Reports must be published and laid before the Scottish Parliament.
Section 8: Circular economy targets: pre-laying procedure for first regulations
23.Section 8 of the Act requires that the first set of regulations under section 6(1) setting circular economy targets are subject to a pre-laying procedure, which is as follows.
24.Under subsections (2) to (5), the Scottish Ministers must lay a copy of the proposed regulations before the Parliament, with a statement of reasons for proposing to make these regulations, and specify a period of not less than 90 days, of which at least 30 must be days on which the Parliament is not dissolved or in recess. During this period, the Scottish Ministers must publicise the proposed regulations and representations may be made to Ministers, the Parliament may make resolutions relating to the regulations, or a parliamentary committee may prepare a report on them. Under subsection (7), when the Scottish Ministers lay the draft regulations for approval they must provide a statement providing details of any such representations, resolutions or reports, and what changes (if any) they have made to the proposed regulations in the light of these.
25.Thereafter the procedure for making the regulations is affirmative, as provided for at section 6(4) of the Act.
