Scotland has become the first part of the UK to implement a ban
on many of the most problematic single-use plastics, as
legislation comes into force today (Wednesday 1 June 2022).
The ban means it will be an offence for businesses in Scotland to
provide the items – which include plastic cutlery, plates and
stirrers.
Around 700 million of these single-use items are currently used
in Scotland every year.
The regulations come into force following a six month grace
period, during which Zero Waste Scotland ran a business campaign
to raise awareness on how to prepare.
The legislation, which was passed by the Scottish Parliament
during COP26 last year, includes exemptions for single-use
plastic straws, to make sure that those who need them for
independent living or medical purposes can still access
them.
This ban was under threat from the UK Internal Market Act. The
Act would have rendered the ban ineffective as businesses in
Scotland would have been able to supply banned items that
originated from the rest of the UK.
The Scottish Government pressed for UK Ministers to exclude the
Scottish ban from the Act, eventually securing an exclusion for
the ban which will come into force shortly after 1 June.
Circular Economy Minister said:
“By banning some of the most problematic single-use plastic items
in Scotland, we are turning our promises into action. Every year,
hundreds of millions of single-use plastic are wasted, with many
of them littering our beaches, waters and parks. This ban will
encourage businesses to make the switch to reusable alternatives,
helping to reduce litter and cut emissions.
“Protecting Scotland’s environment is a devolved matter and key
decisions like this one should be ours to make. It was wholly
unacceptable that it could have been effectively vetoed by the UK
Government under their UK Internal Market Act, which it imposed
on the rest of the UK despite no devolved legislature giving
consent to it.
“The Scottish Government pressed repeatedly for, and finally
secured, an exclusion from the Act for our ban. While we are
frustrated that the exclusion will not be in force by 1 June, it
will follow soon after, meaning this important ban will be fully
effective across Scotland. Regardless of the delay in the
exclusion, we’d encourage everyone to ditch these harmful items
now.”
Background
The ban applies to the following single-use items: plastic
cutlery (forks, knives, spoons, chopsticks), plates, straws,
beverage stirrers and balloon sticks; food containers made of
expanded polystyrene; and cups and other beverage containers made
of expanded polystyrene, including their covers and lids.
Enforcement will be the responsibility of local authorities.
Failure to comply with the regulations carries a maximum fine of
£5,000.
The Environmental Protection (Single-use Plastic Products)
(Scotland) Regulations 2021 come into force on 1 June 2022.
The UK Government has indicated it will exclude the products
covered by the ban from the Internal Market Act. The exclusion
was agreed as part of the Common Frameworks programme which was
agreed by the four governments of the UK to manage policy
divergence in devolved areas after EU exit. However, the UK
Government has not introduced the exclusion soon enough to ensure
it is in force by 1 June. The exclusion will come into force
following completion of the relevant UK Parliamentary procedures.
Until this process is complete, the Scottish regulations will
only apply to products manufactured in or imported directly into
Scotland.
