Commentary on Sections Additional duties on responsible bodies
27.Section 6 requires each responsible body to publish a written statement on the exercise of their functions. Responsible bodies must publish their first statement as soon as is reasonably practicable after the first receipt of guidance issued by Scottish Ministers under section 5 and can publish subsequent statements at any time in the future. The statement must explain how the body has met the particular requirements set out in section 4 and how it has had regard to the guidance issued under section 5. It must also include a summary of the arrangements put in place for exercise of their functions set out in sections 1, 2 or 3 and 8. Each statement produced under this section is to be published by the responsible body.
28.Before drafting a statement, responsible bodies must carry out consultation as set out in section 7, which also sets out who should be consulted and what the consultation should cover, including the ways in which free period products should be obtainable, where they should be obtainable and what types of products should be obtainable. Individuals who may need to obtain period products in the future should be consulted. This will ensure, for example, that younger pupils in a school will have a say in how the products they will need to access in the future are made obtainable.
29.The consultation will inform the development of the arrangements that each responsible body is required to establish and maintain in order to ensure that period products are obtainable free of charge by everyone who needs to use them. Period products are only obtainable free of charge in accordance with these arrangements, whatever they are. So, while people will be able to express views about what the arrangements should be during the consultation, a responsible body will not, once its arrangements are in place, be obliged to make products obtainable in ways that are not specified in its arrangements (for example, in ways specified in another responsible body’s arrangements).
30.Section 8 requires responsible bodies to make information available to people about the arrangements in place through which they can obtain free period products under sections 1, 2 and 3. The people who need to be informed are, under section 1, members of the public in the local authority area; under section 2, pupils or students; and under section 3, people in the premises of the public service body. The information to be provided is that period products are obtainable free of charge and how, where and when people can obtain free products under those arrangements. Responsible bodies have the flexibility to choose how to make this information available.