These regulations bring sections of the Circular Economy (Scotland) Act 2024 into force.

Fixed penalties may be used to enforce bans on single-use items, while the maximum penalty for fly tipping offences is increased. Charges may also be applied on the supply of certain single-use items in the future.

The Circular Economy (Scotland) Act 2024 (Commencement No. 1) Regulations 2025 brings six sections and a schedule of the Circular Economy (Scotland) Act 2024 into force on 4 February and 1 April 2025.

This legislation will apply in Scotland only.

Section coming into force on 4 February 2025

Section 21 of the Act amends the Environmental Protection Act 1990. These amendments allow fixed penalty notices to enforce restrictions on using, storing or supplying environmentally harmful items. This includes the offence of supplying prohibited single-use plastic items.

A maximum fixed penalty of £1,000 may be imposed.

Sections coming into force on 1 April 2025

Sections of the Act brought into force will:

• Amend the Climate Change (Scotland) Act 2009 to allow charges for the supply of certain single-use items. Regulations may be made implementing these powers, which may only be applied to certain short period use manufactured goods.
• Amend the Environmental Protection Act 1990 to increase the maximum fixed penalty notice for fly tipping offences. Amendments to this Act will also allow information to be requested from local authorities and National Park Authorities regarding the use of fly tipping powers.
• Require Scottish Ministers to prepare a waste processing infrastructure report.
• Apply certain public bodies legislation on Zero Waste Scotland, an organisation established to provide advice and support on the circular economy.

Background

The Circular Economy (Scotland) Act 2024 will require the Scottish Ministers to publish and implement a circular economy strategy. This includes supporting targets and policies on single-use products, waste management and recycling. Additionally, charges may be introduced on single-use items and restrictions may be applied on the disposal of unsold consumer goods.

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