Notice is hereby given that the Scottish Ministers intend to introduce legislation in accordance with section 140 of the Environmental Protection Act 1990 to amend the Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024 (“the 2024 Regulations”), the Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021 (“the 2021 Regulations”), the Environmental Protection (Cotton Buds) (Scotland) Regulations 2019 (“the 2019 Regulations”), and the Environmental Protection (Microbeads) (Scotland) Regulations 2018 (“the 2018 Regulations”).

The amendments will change the commencement date in the 2024 Regulations from 1 April 2025 to 1 June 2025, make certain clarifications in respect of the enforcement powers and correct a minor error in the 2024 Regulations. The amendments will also introduce a fixed penalty notice procedure for offences under regulation 4 of the 2024 Regulations. The fixed penalty amounts for this offence will be £200, with an early payment discount amount of £150. There are higher penalty amounts where there has been previous enforcement action within the preceding three years.

We propose to also take the opportunity to amend the 2021 Regulations, the 2019 Regulations and the 2018 Regulations so as to provide for a fixed penalty notice procedure in relation to offences under those Regulations.

The consultation will gather views on the proposed amending regulations and in respect of the fixed penalty notice regime to be introduced by the proposed regulations.

The draft legislation will be available to view on the Scottish Government website on 9 December 2024 and can be responded to via Citizen Space using the same link below.

Scottish Government consultations - Citizen Space

Alternatively a copy can be requested free of charge from the Product Stewardship Team, Directorate For Environment And Forestry, Scottish Government, Area 3H South, Victoria Quay, Edinburgh, EH6 6QQ or ProductStewardship@gov.scot

Any person may make representations on the legislation in writing. Any such representations made should be received by 8 March 2024 and made to the Product Stewardship Team, Directorate For Environment And Forestry, Scottish Government, Area 3H South, Victoria Quay, Edinburgh, EH6 6QQ.