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Under agenda item 2, we are considering four instruments. An issue has been raised on the following instrument.
Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2025 [Draft]
The instrument amends the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015—the principal order—to include offences under the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 as relevant offences. That would enable the Scottish Environment Protection Agency to use civil sanctions in respect of those offences.
In relation to the instrument, the committee asked the Scottish Government about an apparent error in a reference to the principal order. The reference had also not been footnoted. The full detail of the correspondence is set out in the committee papers published for this meeting.
The Scottish Government confirmed the typographical error and that the correct footnote had been misplaced, and that it intends to correct those errors in the signing version of the instrument, assuming that the instrument is approved by the Scottish Parliament.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in respect of those errors?
Members indicated agreement.
Does the committee wish to highlight its correspondence to the lead committee, noting that the Scottish Government intends to correct the errors in the signing copy of the instrument?
Members indicated agreement.
In so doing, does the committee wish to make clear that it is not expressing a view on the proposed method of correction?
Members indicated agreement.
Issues have also been raised on the following two linked instruments.
Deposit and Return Scheme for Scotland Amendment Regulations 2025 [Draft]
Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025 [Draft]
The correspondence in relation to the instruments has been published alongside the papers for this meeting. It sets out the committee’s questions and the Scottish Government’s responses in full.
The committee’s detailed findings will be set out in its report, which will be published in due course. The report will also set out its consideration of subordinate legislation at this meeting.
The first instrument would make significant amendments to the deposit and return scheme that is contained in the Deposit and Return Scheme for Scotland Regulations 2020, or SSI 2020/154. Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i), which is that its drafting appears to be defective in respect of the point that is raised in the committee’s question 10, and on the general reporting ground in respect of the points that are raised in questions 2, 4, 5, 6, 7, 8 and 9?
Members indicated agreement.
Does the committee wish to note that the Scottish Government has advised that it will take action to address the points raised in questions 2, 4, 5, 8, 9 and 10?
Members indicated agreement.
The second instrument would designate a body as the scheme administrator to operate the deposit and return scheme in Scotland and would confer functions on it for that purpose. The body being designated is the UK Deposit Management Organisation Ltd. Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i), which is that its drafting appears to be defective in respect of the point that is raised in question 5; on reporting ground (h), which is that its meaning could be clearer in respect of the point that is raised in question 7; and on the general reporting ground in respect of the points that are raised in questions 3 and 8?
Members indicated agreement.
Does the committee wish to highlight its correspondence with the Scottish Government to the lead committee in respect of the matters that are discussed in questions 1 and 2?
Members indicated agreement.
Does the committee wish to note that the Scottish Government has advised that it will take action to correct the points that are raised in questions 3, 5, 7, 8 and 9?
Members indicated agreement.
The committee also asked the Scottish Government questions about the following instrument.
Restitution Fund (Scotland) Order 2025 [Draft]
Does the committee wish to highlight its correspondence with the Government to the lead committee, and is the committee otherwise content with the instrument?
Members indicated agreement.