Commentary on Sections Procurement of recycled and recyclable products etc. Section 36 – Amendment of Climate Change (Scotland) Act 2009
74.Section 36 creates a new section 82A in the Climate Change (Scotland) Act 2009. That new section provides a power for the Scottish Ministers, by regulations, to require specified contracting authorities to ensure that a certain proportion of things procured comprise of or include recycled material or material that is designed to be recycled. Subsection (3) sets out the kind of provisions that can be made. Subsection (4) provides for guidance to be given to enforcement authorities by the Scottish Ministers.
75.The new provision complements the existing powers in section 82 of the 2009 Act.