On Jun. 6, UK SCT GVT issued circular economy commencement rules.
UK SCT GVT issued Circular economy (Scotland) act 2024 (commencement no. 2) regulations 2025 (StIn 2025/170), which brings provisions of the Circular economy (Scotland) act 2024 into force, having received royal assent on Aug. 8, 2024.
Follows earlier commencement regulations (StIn 2025/10) which brought section 21 into force on Feb. 4, 2025 and sections 10, 11, 13, 23, 24, 25 on Apr. 1, 2025.
Overview of Act
The Act includes the following provisions: Circular economy strategy: placing a duty on Scottish Ministers to publish/refresh circular economy strategy at least every 5 years.
Circular economy targets: placing a duty on the Scottish Ministers to develop statutory targets for the circular economy; Restrictions on the disposal of unsold consumer goods: providing powers to limit the disposal of unsold goods.
Charges for single-use items: a power to set a minimum charge for certain throwaway items; Fly-tipping offences and removal of waste: increasing the maximum amount at which the fixed penalty for a fly-tipping offence can be set in regulations and adjusting provisions allowing authorities to require the removal of unlawfully deposited waste.
Information on fly-tipping offences: giving Ministers a power to require information from councils, Loch Lomond and The Trossachs National Park Authority on fly-tipping.
Householder’s duty of care in relation to waste: criminal offence for a householder to breach existing duties of care under the Environmental Protection Act 1990, regarding transfer of waste, and creating a new fixed penalty regime to enforce these duties.
Household waste: local authorities must comply with a code of practice on collection and recycling and giving local authorities a package of new responsibilities and powers, including powers for the Scottish Ministers to set recycling targets for local authorities.
Littering from vehicles: new civil penalty regime to make the keeper of a vehicle liable to pay a civil penalty charge regarding a littering offence committed from that vehicle.
Enforcement powers in respect of certain environmental offences: improving enforcement against fly-tipping and other waste crime through a power allowing the Scottish Environment Protection Agency (“SEPA”) and local authorities to seize vehicles involved in specified waste crime, and a power to allow fixed penalty notices to be issued for offences relating to environmentally harmful items.
Offences on use etc. of injurious articles or substances: fixed penalty notices: new fixed penalty regime in relation to offences created in regulations made under S 140 of the Environmental Protection Act 1990 on use etc. of injurious articles or substances.
Reporting on waste, surpluses, etc: obtaining information about where waste is occurring through a power to require information which will lead to public reporting of waste and surplus by businesses (will initially to be applied to information about food).
Zero Waste Scotland: conferring on Zero Waste Scotland the relevant powers and duties which apply to other public bodies now that the Office for National Statistics has classified Zero Waste Scotland as a public sector organisation.
Deposit and return schemes: replacing the power for Scottish Ministers to direct a scheme administrator of a deposit return scheme with a power to make such provision in an order designating a new or existing body as a scheme administrator.
Effectiveness
The day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule is Aug. 1, 2025.
