Delivering Scotland's circular economy - proposed Circular Economy Bill: consultation

Assessing Impact of Bill Proposals

We are committed to assessing the impact of our proposals. This consultation marks the start of processes to assess the equalities, business and regulatory, and environmental impact of our plans in compliance with legislative requirements and, importantly, to inform the policy development process.

A: Equality

In developing proposals for the Circular Economy Bill, the public sector equality duty requires the Scottish Government to pay due regard to the need to:

• eliminate discrimination, victimisation, harassment or other unlawful conduct that is prohibited under the Equality Act 2010;
• advance equality of opportunity between people who share a protected characteristic and those who do not; and
• foster good relations between people who share a relevant protected characteristic.

These three requirements apply across the 'protected characteristics' of:

• age;
• disability;
• gender reassignment;
• marriage and civil partnership;
• pregnancy and maternity;
• race;
• religion and belief;
• sex and sexual orientation.

We have developed an Equality Impact Assessment (EQIA) to accompany this consultation. Many of the proposed Bill provisions are enabling powers, which in themselves cannot impact on an individual, or on the protected characteristics listed above. However, the aim of the Scottish Government is to use this consultation process as a means to explore fully any potential equality impacts. Comments received will be used to update the Equality Impact Assessment and to determine if any further work in this area is needed. Any secondary legislation that flows from the powers within the Circular Economy Bill will be subject to a further consultation and equality impact assessment.

Question

34. Taking into account the accompanying EQIA, are there any additional likely impacts the proposals contained in this consultation may have on particular groups of people, with reference to the 'protected characteristics' listed above?

B: Business and regulation

In developing proposals for legislation, a Business and Regulatory Impact Assessment (BRIA) analyses whether a policy is likely to increase or reduce the costs and burdens placed on businesses, the public sector, voluntary and community organisations.

A Business and Regulatory Impact Assessment (BRIA) accompanies this consultation. Many of the proposed Bill provisions are enabling powers and are therefore unlikely to impact directly on the costs and burdens placed on businesses, the public sector, voluntary and community organisations. Your comments will help update the BRIA, which will be published at the same time as a Circular Economy Bill is introduced. Any secondary legislation that flows from the Bill's primary powers will be subject to a full BRIA and consultation at that time.

Question

35. Taking into account the accompanying BRIA, do you think that the proposals contained in this consultation are likely to increase or reduce the costs and burdens placed on any business or sector?

C: Children's Rights and Wellbeing Impact Assessment

The Articles of the UNCRC and the child wellbeing indicators under the Children and Young People (Scotland) Act 2014 apply to all children and young people up to the age of 18, including non-citizen and undocumented children and young people.

We have assessed the proposed provisions against the requirements of a Children's Rights and Wellbeing Impact Assessment (CRWIA). We have identified that;

• secondary legislation using the powers in respect of littering from vehicles may affect young people up to the age of 18 if they are registered keepers of motor vehicles, as the definition of "vehicle" for the purposes of the Bill is a motor vehicle within the meaning of the Road Traffic Regulation Act 1984, a vehicle drawn by a motor vehicle, mobile plant; and
• Secondary legislation using the powers in respect of environment charging may indirectly impact on children and young people, if it impacts on household finances.

As the provisions proposed for the Bill give Scottish Ministers powers to make more detailed secondary regulations at a later date, it is our assessment that the Bill in itself will not affect children and young people up to the age of 18. The proposed measures are primarily enabling in nature and therefore do not have a direct or indirect impact on children or services used by children.

We would take into consideration any impact on children and the likely impact on young people aged 16 up to the age of 18 if they are registered keepers of motor vehicles as part of the impact assessments during development of the secondary regulations, as well as the indirect impact on children due to environmental charging. Such impacts would be considered via a Fairer Scotland Assessment at the secondary legislation stage.

Question

36. Taking into account the accompanying CRWIA, do you think that the proposals contained in this consultation are likely to have an impact on children's rights and wellbeing?

D: Islands Communities Impact Assessment

The Islands (Scotland) Act 2018 provides for a duty on Scottish Ministers and other relevant public bodies that they must have regard to island communities in exercising their functions and in the development of legislation.

Section 13 of the 2018 Act obliges the Scottish Ministers to prepare an Islands Communities Impact Assessment (ICIA) in relation to legislation which, in their opinion, is likely to influence an island community that is significantly different from its effect on other communities in Scotland.

As the majority of the measures within the Circular Economy Bill are enabling powers, it is not possible to fully assess the impact of these parts of the Bill on island communities at this stage. As and when each piece of secondary legislation is developed, more detailed ICIAs will be carried out. Those ICIAs will provide opportunities for island local authorities, communities, and businesses to understand the potential impact more fully on island communities and to influence the detail of proposals as appropriate.

Question

37. Taking into account the accompanying ICIA, do you think that the proposals contained in this consultation are likely to influence an island community significantly differently from its effect on other communities in Scotland?

E: Fairer Scotland Duty

The Fairer Scotland Duty (the Duty) is set out in legislation in Part 1 of the Equality Act 2010 and came into force in Scotland from April 2018. It requires Scottish Ministers and named public bodies to actively consider what more can be done to reduce the 'inequalities of outcome' caused by 'socio-economic disadvantage' when making 'strategic decisions'.

This assessment has not identified the need for any changes to the proposals, because the nature of the Circular Economy Bill means that it will not directly impact on those experiencing socio-economic disadvantage. However, this assessment will be revisited following the public consultation, to ensure that any issues raised there are addressed.

In addition, this assessment has identified that there is the potential for there to be impacts once secondary legislation is introduced. Further Fairer Scotland Assessments should be completed when secondary legislation is being developed to ensure that any issues are fully considered and any changes necessary can be made to the proposals.

Question

38. Taking into account the accompanying Fairer Scotland Assessment summary template, do you think that the proposals contained in this consultation are likely to have an impact in relation to the Fairer Scotland Duty?

F: Environment

The Environmental Assessment (Scotland) Act 2005 ensures that those public plans that are likely to have a significant impact on the environment are assessed and measures to prevent or reduce adverse effects are sought. As the proposed legislation is in effect setting an enabling framework to allow Scottish Ministers to take action through the use of secondary legislation it is our view there will be no or minimal direct environmental impacts from the Bill provisions.

The proposed enabling powers as they stand would not enact any new laws that would have a positive or negative impact on the environment. The impacts and where a more meaningful assessment could take place would be from any future secondary legislation that is developed to enact the provisions; and it is anticipated that a full Strategic Environmental Assessment (SEA) would be required at this stage.

All future legislation flowing from the enabling powers in the Circular Economy Bill would be subject to a more robust and detailed SEA impact assessment, as part of a full suite of other impact assessments, consultation and parliamentary procedure.

Question

39. Do you think that the proposals contained in this consultation are likely to have an impact on the environment?