Commentary on Provisions Charges for single-use items Section 10: Power to require imposition of charges for single-use items
30.Section 10 of the Act introduces a new section to the Climate Change (Scotland) Act 2009 (“the 2009 Act”), section 87A, which gives the Scottish Ministers a power to introduce a charge for the supply of a single-use item.
31.Section 87A(1) allows the Scottish Ministers to make regulations which require suppliers of goods to (a) charge for specified items and (b) apply the proceeds from those charges for the advancement of environmental protection or improvement or other analogous purposes.
32.Section 87A(2) gives the Scottish Ministers the power to provide for further detail about the charging regime in various respects, which are set out in paragraphs (a) to (i).
33.Section 87A(3) sets down limitations as to the items which may be specified as chargeable. They must be (a) manufactured, (b) provided as a container or packaging for goods or be used in connection with the consumption or use of goods and (c) likely to be used for that purpose only once or for a short period. A single-use disposable beverage cup, for instance, would meet this description.
34.Section 87A(4) requires that the enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to its functions under the regulations.
35.The remainder of section 10 is concerned with consequential amendments to other sections in the 2009 Act, changing the existing section titles and italic headings to be consistent with the new section 87A.