Circular Economy (Scotland) Act 2024

17 Targets for local authorities relating to household waste recycling

(1) The Environmental Protection Act 1990 is modified as follows.

(2) After section 47A insert—

“47B Targets for local authorities relating to household waste recycling

(1) The Scottish Ministers may by regulations make provision imposing targets on local authorities in relation to their carrying out of their waste management functions in so far as they relate to the recycling of household waste.

(2) Regulations under subsection (1) may not make provision imposing targets in relation to any time before 1 April 2030.

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

(a) specify targets to be achieved by local authorities,

(b) make further provision about the meaning of “recycling” for the purposes of the regulations,

(c) specify indicators by reference to which a local authority’s achievement of targets can be measured,

(e) make provision about enforcement of the requirements imposed by the regulations,

(f) confer functions on the Scottish Environment Protection Agency in relation to monitoring the achievement of targets,

(g) make provision requiring the keeping of records and the provision of information by waste collection authorities.

(4) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers must consult publicly, and in particular solicit the views of—

(a) local authorities, and

(b) the Scottish Environment Protection Agency.

(5) Regulations under subsection (1) may—

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

(b) modify any enactment (including this Act),

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

(6) In this section—

• “local authority” and “waste management functions” have the meanings given in section 44ZA,

• “recycling” includes composting and preparing for re-use.”.

(3) In section 160A, in the table in subsection (2), after the entry relating to section 46ZC(1) (as inserted by section 11(3)) insert—

“section 47B(1) (targets for local authorities relating to household waste recycling)

any regulations under that subsection.”.