Child Rights and Wellbeing Impact Assessment (CRWIA) for the Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2026

Child Rights and Wellbeing Impact Assessment

1. Brief Summary

Type of proposal (Please delete as necessary):

• Scottish Statutory Instrument

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

The Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2026

This Order will amend the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 to enable the Scottish Environmental Protection Agency (SEPA) to use their civil sanction powers in respect of offences under:

1) The Deposit and Return Scheme for Scotland Regulations 2020 (as amended) (the DRS Regulations) when the Deposit Return Scheme goes live on 1 October 2027; except in relation to offences committed by the scheme administrator under regulation 31(7)(a),(7A), (11) or (12) which come into force at the same time as this Order.

2) The Digital Waste Tracking (Scotland) Regulations 2026 (the DWT Regulations) when the scheme goes live on 1 January 2027.

The DRS Regulations 2020 place obligations on producers, retailers, groceries retailers, hospitality retailers, return point operators, takeback service providers and the scheme administrator (Exchange for Change) in relation to the deposit return scheme.

The DWT Regulations introduce the first phase of a mandatory digital reporting system for waste data, which replaces the current, largely paper-based system.

SEPA is responsible for enforcing the DRS Regulations and the DWT Regulations in Scotland. The 2015 Order provides SEPA with a suite of civil enforcement measures, including the imposition of both fixed and variable monetary penalties and the power to accept enforcement and other undertakings within the scope of the 2015 Order.

This Order is needed for SEPA to take proportionate enforcement action against organisations that have committed offences specified in the DRS Regulations or the DWT Regulations by allowing SEPA to impose civil sanctions for offences, rather than relying on criminal prosecution.

These offences are 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: June 2026

Start date of CRWIA process: August 2026

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 2026 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 Order therefore is not intended to impact upon children’s rights. These offences are specific to businesses who do not comply with their obligations under the DRS Regulations or the DWT Regulation and are not anticipated to impact children and young people. Therefore, the impact of this instrument on the rights and wellbeing of children is considered as neutral.

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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