Circular Economy (Scotland) Act 2024

Circular economy targets

6 Circular economy targets

(1) The Scottish Ministers must by regulations make provision imposing targets on the Scottish Ministers relating to developing a circular economy.

(2) In considering the imposition of targets under subsection (1), the Scottish Ministers must have regard to the desirability of the economy being one in which—

(a) processes for the production and distribution of goods, products and materials are designed so as to reduce their consumption and their whole life-cycle carbon emissions,

(b) the delivery of services is designed so as to reduce the consumption and whole life-cycle carbon emissions of goods, products and materials,

(c) goods, products and materials are kept in use for as long as possible to reduce their consumption, their whole life-cycle carbon emissions and their impacts on the environment,

(d) the maximum value is extracted from goods, products and materials by the persons using them,

(e) goods, products and materials are recovered or, where appropriate, regenerated at the end of their useful life,

(f) waste is managed in Scotland if it is appropriate to do so,

(g) due diligence in relation to environmental protection and human rights is exercised in supply chains.

(3) Regulations under subsection (1) may in particular—

(a) provide for targets in relation to one or more of the following—

(i) reducing carbon emissions associated with the consumption of materials,

(ii) increasing re-use,

(iii) increasing refurbishment,

(iv) increasing repair,

(v) increasing recycling,

(vi) reducing waste,

(b) prioritise sectors and systems most likely to contribute to developing a circular economy, with reference to the criteria for identifying those sectors and systems set out in section 1(12),

(c) provide for targets to be reviewed.

(4) Regulations under subsection (1) are subject to the affirmative procedure (but see section 8 in relation to the first regulations).

(5) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult—

(a) such persons as they consider may have an interest in the targets, including public sector, private sector, charitable and international organisations,

(b) such other persons as they consider appropriate, and

(c) the general public.

(6) Regulations under subsection (1) may—

(a) make different provision for different purposes or areas,

(b) make incidental, supplementary, consequential, transitional, transitory or saving provision.

7 Circular economy targets: monitoring and reporting

(1) Regulations under section 6(1) must set out arrangements for—

(a) monitoring progress towards achieving targets, and

(b) reporting on progress towards achieving targets.

(2) Provision under subsection (1)(b) must require that each report sets out—

(a) progress the Scottish Ministers have made towards achieving targets in the period covered by the report, and

(b) any action the Scottish Ministers are taking to achieve targets.

(3) Provision under subsection (1)(b) must require that—

(a) the report is published in such manner as the Scottish Ministers consider appropriate, and

(b) a copy of the report is laid before the Scottish Parliament.

8 Circular economy targets: pre-laying procedure for first regulations

(1) This section applies where the Scottish Ministers propose to lay before the Scottish Parliament a draft of a statutory instrument containing the first regulations under section 6(1).

(2) The Scottish Ministers must, before doing so, lay before the Parliament—

(a) a copy of the proposed regulations, and

(b) a statement setting out their reasons for proposing to make those regulations.

(3) The Scottish Ministers must, when laying such a copy, specify a period (the “representation period”) during which representations on the proposed regulations may be made to them.

(4) The representation period must be at least 90 days, of which no fewer than 30 must be days on which the Parliament is not dissolved or in recess.

(5) The Scottish Ministers must, as soon as reasonably practicable after laying a copy of the proposed regulations, publicise them in such manner as they consider appropriate.

(6) The Scottish Ministers must, before laying the proposed regulations before the Parliament, have regard to—

(a) any representations on the proposed regulations made to them,

(b) any resolution relating to those regulations passed by the Parliament, and

(c) any report relating to those regulations published by any committee of the Parliament for the time being appointed by virtue of standing orders,

before the expiry of the representation period.

(7) The Scottish Ministers must, when laying such proposed regulations, lay a statement setting out—

(a) details of any representations, resolutions or reports mentioned in subsection (6), and

(b) the changes (if any) they have made to the proposed regulations in response to such representations, resolutions or reports and the reasons for those changes.

(8) In this section, “proposed regulations” means a draft of a statutory instrument to which subsection (1) applies.