Commentary on Provisions Circular economy targets Section 8: Circular economy targets: pre-laying procedure for first regulations
23.Section 8 of the Act requires that the first set of regulations under section 6(1) setting circular economy targets are subject to a pre-laying procedure, which is as follows.
24.Under subsections (2) to (5), the Scottish Ministers must lay a copy of the proposed regulations before the Parliament, with a statement of reasons for proposing to make these regulations, and specify a period of not less than 90 days, of which at least 30 must be days on which the Parliament is not dissolved or in recess. During this period, the Scottish Ministers must publicise the proposed regulations and representations may be made to Ministers, the Parliament may make resolutions relating to the regulations, or a parliamentary committee may prepare a report on them. Under subsection (7), when the Scottish Ministers lay the draft regulations for approval they must provide a statement providing details of any such representations, resolutions or reports, and what changes (if any) they have made to the proposed regulations in the light of these.
25.Thereafter the procedure for making the regulations is affirmative, as provided for at section 6(4) of the Act.