Scotland rolls out limited single use plastics ban

However, the regulations will only apply for the time being to single use plastic products “manufactured in or imported directly into Scotland from outside the UK” due to the UK’s Internal Markets Act. This means a full imposition of the restrictions is delayed.

The ban now applies to the following single-use items produced in Scotland or imported from overseas consisting of:

• 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 and failure to comply with the regulations carries a maximum fine of £5,000.

Limits

The Scottish Government is annoyed that a full implementation of the legislation has been stymied by the provisions of the Internal Market Act, introduced in 2020 ahead of the UK’s full departure from the European Union. It aims to prevent internal trade barriers among the four constituent countries of the United Kingdom and currently means that plastic items from the rest of the UK can’t be banned in Scotland.

But, according to the Scottish Government, the UK Government has indicated it will exclude the products covered by the ban from the Internal Market Act although this will be subject to Parliamentary procedure.

The Scottish Government explained that 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”.

So, Scotland has pressed ahead with implementing the ban, but it will only apply, for now, to imported items.

Regardless of the delay in the exclusion, we’d encourage everyone to ditch these harmful items now.

– Lorna Slater, circular economy minister, Scotland

‘Action’

The regulations come into force following a six month grace period, after the Scottish government outlined the policy during COP26 last year.

The Scottish government has said this has made it the “first UK nation” to ban problematic single-use plastics.

Circular economy minister Lorna Slater 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.”