Drinks Container Charge (Scotland) Act 2017 1

MODEL
SCOTTISH PARLIAMENT

Drinks Container Charge (Scotland) Act 2017

2017 asp 7

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th
October 2017 and received Royal Assent on 22nd October 2017

An Act of the Scottish Parliament to make provision about charges for the supply of drinks
containers.

1 Charges for supply of drinks containers, etc.

(1) The Climate Change (Scotland) Act 2009 is amended as follows.
(2) After section 88 (charges for supply of carrier bags), insert

Drinks container charges

88ZA Charges for supply of drinks containers

(1) The Scottish Ministers may, by regulations, require suppliers of drinks
(a) to charge for containers supplied at the place where the drinks are
supplied for the purpose of enabling the drinks to be taken away, carried
or consumed,
(b) to apply the net proceeds raised by such charges to the advancement of
environmental protection or improvement or to any other purposes that
may be reasonably regarded as analogous.
(2) The regulations may in particular include provision about
(a) the circumstances in which the requirement applies;
(b) the suppliers to whom the requirement applies;
(c) the containers to which the requirement applies;
(d) the minimum amount to be charged for each container;
(e) how the net proceeds raised by the charge are to be ascertained;
(f) the purposes to which those net proceeds are to be applied;
(g) subject to section 89
(i) the enforcement authority in relation to the regulations; and
(ii) the functions of that authority;
(h) the keeping of records and their production to the enforcement authority;
2 Drinks Container Charge (Scotland) Act 2017

(i) the enforcement of the duties imposed by the regulations;

(j) offences in relation to failures to comply with the requirements of the
regulations.
(3) The enforcement authority must have regard to any guidance given by the
Scottish Ministers to it in relation to the functions conferred on it by the
regulations.
(3) In the italic heading before section 88A, after the words Carrier bag insert and
drinks container.
(4) In section 88A (offences relating to supply of carrier bags: fixed penalty notices)
(a) after the words carrier bags in the heading, insert and drinks containers;
(b) in subsection (2), for section 88 substitute sections 88 and 88ZA.

2 Commencement
This Act comes into force on the day after Royal Assent.

3 Short title
The short title of this Act is the Drinks Container Charge (Scotland) Act 2017.