Summary and key Bill documents

The Circular Economy (Scotland) Bill was introduced on 13 June 2023 and is published on the Scottish Parliament website. The Scottish Government states that:

The Bill will establish the legislative framework to support Scotland's transition to a zero waste and circular economy, significantly increase reuse and recycling rates, and modernise and improve waste and recycling services.

Key provisions of the Bill are:

• A requirement for a Circular Economy Strategy with associated consultation, review and reporting requirements.

• Powers to introduce circular economy targets with associated monitoring and reporting.

• Powers to introduce restrictions on the disposal of unsold consumer goods for the purpose of reducing waste.

• Powers to introduce charges for single-use items (expected to be initially used to introduce a charge for disposal beverage cups).

• A new criminal offence for a householder to breach their duty of care in relation to household waste, and new fixed penalty regime for that offence.

• Introduction of new enforcement measures around household waste disposal and recycling (fixed penalty and civil penalty charges).

• A new statutory code of practice on household waste recycling.

• Powers to set targets for local authorities relating to household waste recycling.

• Introduction of a new civil penalty charge for littering from a vehicle.

• Powers to introduce mandatory public reporting requirements for businesses in respect of waste and surpluses.

• Powers to enable enforcement authorities to seize and search vehicles to tackle waste crime.

Supporting documents published by the Scottish Government alongside the Bill include:

• A Policy Memorandum.

• Explanatory Notes.

• A Financial Memorandum - to set out the estimated costs associated with the measures introduced by the Bill.

• An Equality Impact Assessment (EQIA).

• A Fairer Scotland Duty Summary.

• A Business and Regulatory Impact Assessment (BRIA).

Consultation on proposals for the Bill

The Scottish Government consulted on proposals for a Circular Economy Bill from 30 May 2022 to 22 August 2022 and has published submitted responses.

An analysis of consultation responses was published by the Scottish Government on 30 November 2022.

The Scottish Government had previously published a consultation on proposals for a Circular Economy Bill in 2019, with a view to introducing a Bill in 2020. This was delayed by the pandemic.

Context: consultation on a 2025 circular economy routemap

In tandem with the consultation on proposals for the Bill, the Scottish Government also consulted on Delivering Scotland's circular economy A Route Map to 2025 and beyond, aimed to be complementary consultations. The routemap provides the wider context for the Bill, noting that the Scottish Government already has significant powers under a range of legislation for circular economy interventions, many interventions are non-legislative in nature, and a number of important interventions are taking place at a UK-wide level (more information below).

The draft 2025 routemap was published on 30 May 2022 alongside other supporting documents, including a Business and Regulatory Impact Assessment (BRIA) and a Review of High Performing Recycling Systems (an independent report commissioned by the Scottish Government).