Circular Economy (Scotland) Act 2024

10 Power to require imposition of charges for single-use items

(1) The Climate Change (Scotland) Act 2009 is modified as follows.

(2) In section 83(4), for “In this section and in section 84,” substitute “For the purpose of this section and any regulations made under it,”.

(3) In section 84, after subsection (7) insert—

“(8) For the purpose of this section and any regulations made under it, “packaging” has the meaning given by Article 3 of Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste.”.

(4) After section 87 insert—

“Chargeable items

87A Charges for supply of single-use items

(1) The Scottish Ministers may, by regulations, require suppliers of goods—

(a) to charge for items specified in the regulations,

(b) to apply the net proceeds raised by such charges to the advancement of environmental protection or improvement or to any other purposes that may be reasonably regarded as analogous.

(2) The regulations may in particular include provision about—

(a) the circumstances in which the requirement applies,

(b) the suppliers to whom the requirement applies,

(c) the minimum amount to be charged for an item specified in the regulations,

(d) how the net proceeds raised by the charge are to be ascertained,

(e) the particular purposes to which those net proceeds are to be applied,

(f) subject to section 89—

(i) the enforcement authority in relation to the regulations, and

(ii) the functions of that authority,

(g) the keeping of records and their production to the enforcement authority,

(h) the enforcement of the requirements imposed by the regulations,

(i) offences in relation to failures to comply with the requirements imposed by the regulations.

(3) The regulations may only specify items which are—

(a) manufactured,

(b) provided—

(i) as a container or packaging for goods, or

(ii) to be used in connection with the consumption or use of goods, and

(c) likely to be used for that purpose only—

(i) once, or

(ii) for a short period.

(4) The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.”.

(5) The italic heading immediately preceding section 88 is omitted.

(6) The italic heading immediately preceding section 88A is omitted.

(7) In section 88A—

(a) in subsection (2), after “section” insert “87A or”,

(b) the title of the section becomes “Offences relating to supply of chargeable items: fixed penalty notices”.

(8) In section 97(1)—

(a) the word “or” immediately following paragraph (a) is repealed,

(b) after paragraph (b) insert—

“(c) regulations under section 87A which specify (or modify the description of) items that suppliers of goods are required to charge for.”.

(9) In section 98, the definition of “packaging” is repealed.