Commentary on Provisions Restrictions on the disposal of unsold consumer goods Section 9: Restrictions on the disposal of unsold consumer goods
26.Section 9 of the Act inserts a new section 78A into the Climate Change (Scotland) Act 2009 (“the 2009 Act”). Section 78A(1) gives the Scottish Ministers a power to make regulations imposing prohibitions or restrictions on the disposal of unsold consumer goods. The term “consumer goods” is defined by section 78A(2) as those intended to be purchased, used or consumed by a consumer (as defined in section 78A(5)) but under section 78A(3) does not include food. Section 78A(4) provides that goods are unsold if they have not been sold to, or have been returned by, a consumer. Regulations under section 78A(1) will be subject to the affirmative Parliamentary procedure by virtue of section 96(4) of the 2009 Act.
27.Section 78A(6) makes further provision about the content of the regulations, with section 78A(7) making particular provision about enforcement of the regulations, including that they may create offences and make provision for the issue of fixed penalty notices for breaches of the restrictions in the regulations.
28.Section 78A(8) requires the Scottish Ministers to consult appropriate persons before laying a draft of regulations under subsection (1) before the Scottish Parliament.
29.Section 78A(9) provides that the Scottish Ministers must publish guidance for enforcement authorities in relation to functions conferred on them by the regulations as soon as reasonably practicable after the regulations are made, and section 78A(10) requires enforcement authorities to have regard to any such guidance.