Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2025: child rights and wellbeing impact assessment

Child Rights and Wellbeing Impact Assessment Template

1. Brief Summary

Type of proposal (Please delete as necessary):

• Scottish Statutory Instrument (SSI)

Name the proposal, and describe its overall aims and intended purpose:

The Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2025

This SSI will amend the Environmental Regulation (Enforcement Measures) (Scotland) Order 2025 so to enable the Scottish Environmental Protection Agency (SEPA) to use their civil sanction powers in respect of offences under the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024.

The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 place obligations onto packaging producers to report data and pay fees. This SSI is needed for SEPA to be able to take more proportionate enforcement action against producers, as they will be able to impose civil sanctions for offences, rather than relying on criminal prosecution. These offences specific to businesses who do not comply with their obligations and are not anticipated to impact children and young people.

Start date of proposal’s development: January 2025

Start date of CRWIA process: March 2025

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to/impact upon children’s rights?

The Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2025 is not relevant to the requirements of the United Nations Convention on the Rights of the Child (UNCRC) as outlined in the UNCRC (Incorporation) (Scotland) Act 2024. The SSI therefore is not intended to impact upon children’s rights. Impact assessments for the wider packaging reforms has considered the impact of this legislation on people with protected characteristics, including children.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

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4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

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5. Analysis of Evidence

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6. What changes (if any) have been made to the proposal as a result of this assessment?

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