Commentary on Provisions Zero Waste Scotland: application of public bodies legislation Section 24: Zero Waste Scotland: application of public bodies legislation
127.Section 24 of the Act introduces a schedule at the end of the Act, which modifies certain pieces of legislation relating to public bodies so that their provisions apply to Zero Waste Scotland (“ZWS”). ZWS was originally established as a non-profit organisation to provide expertise on the circular economy, but was formally classified by the Office for National Statistics as a public sector organisation on 28th April 2023.
128.The schedule ensures that public bodies legislation applies to ZWS as follows:
	ZWS will be under a duty to produce and submit for Ministerial approval a Code of Conduct for members of its Board under the Ethical Standards in Public Life etc. (Scotland) Act 2000;
	ZWS will be required to provide access to information held by it under the Freedom of Information (Scotland) Act 2002 (and this will also bring ZWS within the scope of the Environmental Information (Scotland) Regulations 2004);
	Any appointments by Ministers to ZWS will be public appointments and will be regulated by the Commissioner for Ethical Standards in Public Life in Scotland under the Public Appointments and Public Bodies etc (Scotland) Act 2003;
	ZWS will be required to provide information on expenditure and exercise of functions under the Public Services Reform (Scotland) Act 2010;
	ZWS will be required to prepare and implement a records management plan under the Public Records Scotland Act 2011;
	ZWS will be required to adhere to statutory procurement requirements under the Procurement Reform (Scotland) Act 2014);
	ZWS will be required to maintain women’s representation on its board under the Gender Representation on Public Boards (Scotland) Act 2018;
	ZWS will be required to carry out impact assessments for island communities when exercising its functions under the Islands (Scotland) Act 2018.