The Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations prohibit the manufacture and the supply in the course of a business of the listed single-use plastic products and come into force on 1 June 2022.

Regulation 3 provides that it is an offence for a person to manufacture or, in the course of a business, supply, offer to supply, or have in their possession for supply any of the following products—

(a) single-use expanded polystyrene beverage cups,

(b) single-use expanded polystyrene beverage containers,

(c) single-use expanded polystyrene food containers,

(d) single-use plastic beverage stirrers,

(e) single use plastic cutlery, and

(f) single-use plastic plates.

Regulation 4 provides that is an offence for a person, in the course of a business, to supply, offer to supply, or have in their possession for supply, single-use plastic balloon sticks, with the exception of sticks for attaching to balloons for industrial or other professional uses.

Regulation 5 provides that it is an offence for a person, in the course of a business, to supply, offer to supply, or have in their possession for supply, to an end-user, single-use plastic straws, subject to certain exceptions. The exceptions are the supply of straws which are medical devices or are for use for medical purposes (regulation 6), the supply of straws by retail pharmacy businesses (regulation 7), the supply of straws by catering establishments together with food or drink for immediate consumption (regulation 8), the supply of straws in certain establishments such as schools and care homes (regulation 9), the supply of straws for use in a support service which provides personal care or personal support (regulation 10), and the supply of straws which are packaging (regulation 11).

A person found guilty of an offence under these Regulations will be liable on summary conviction to a fine not exceeding level 5 on the standard scale (regulations 3(5), 4(3) and 5(3)).

Regulation 12 makes provision for offences by bodies corporate, Scottish partnerships and unincorporated associations. Regulation 13 provides a due diligence defence.

Regulation 14 provides that a local authority may authorise any person that appears suitable to exercise any of the powers specified in regulation 15.

Regulation 15 provides for enforcement officers to have powers of entry and associated powers to carry out the necessary investigations in order to determine whether an offence has been or is being committed.

A Business Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Environmental Quality and Circular Economy Division, Area 3H South, Victoria Quay, Edinburgh EH6 6QQ, and online at www.legislation.gov.uk.