11.0 Enforcement, Sanctions and Monitoring
241. In order to achieve an ambitious DRS for Scotland, sufficient enforcement, sanctions and monitoring systems will be put in place to achieve the four strategic objectives of the Scottish DRS. These are to increase the quantity of target materials captured for recycling, improve the quality of material captured, encourage wider behaviour change around materials, and deliver maximum economic and societal benefits for Scotland.
242. Secondary legislation to establish DRS is due to be introduced in 2019. Once passed and a final scheme design is approved, a Scheme Administrator will manage the provision of a DRS for Scotland. The Scheme Administrator will be responsible for running the Scottish DRS and delivering the four strategic objectives.
243. The Scheme Administrator will be subject to third party scrutiny to provide assurance that money is spent properly, efficiently and effectively. A benefits realisation plan is included in the Full Business Case and the Scheme Administrator would be expected to deliver these benefits. They will maintain a transparent operation and publicly report on the achievements of the scheme. A capture rate will be legislated within the DRS regulation.
244. The Scheme Administrator’s operational activities will be undertaken in accordance with Environmental Protection (Duty of Care) (Scotland) Regulations, The Environmental Authorisations (Scotland) Regulations 2018, Waste (Scotland) Regulations 2012, Trans-Frontier Shipment of Waste Regulations, Consumer Rights Act 2015 and Business Protection from Misleading Marketing Regulations 2008. The intention is that DRS return points will be covered by General Binding Rules.
245. The implementation of compliance mechanisms will depend on the final scheme design and the structure of the appointed Scheme Administrator. The relevant stakeholders and the roles they will take will be detailed in the final BRIA. The enforcement and monitoring roles that will need to be filled are highlighted below.
246. Monitoring the Scheme Administrator – A regulator will be appointed to monitor the performance of the Scheme Administrator in running a Scottish DRS. The appointed regulator will request and review annual reports that detail performance of the Scheme Administrator against the capture rate target and strategic objectives of the Scottish DRS. Sanctions will be put in place and enforced if the Scheme Administrator fails to adhere to reporting requirements and meet the capture rate target.
247. Monitoring Retailers and Producers - An appointed regulator will have a role in monitoring and enforcing waste compliance such as waste storage, transport and treatment of deposit return beverage containers. This will be undertaken as routine waste regulatory activity. An existing institution that currently fulfils a comparable function is SEPA.
248. In addition, illegal trading practices with regards to DRS compliance will need to be monitored by an appointed body. Existing institutions that fulfil comparable functions include Trading Standards Scotland, managed by COSLA. Trading Standards Scotland is the local government service that works to protect consumers and support legitimate business. SEPA also fulfil a similar function through regulation of the Packaging Waste Regulations, regulating packaging producers.
249. Monitoring Consumer Concerns – Consumer complaints with regards to DRS will need to be received and triaged by an appointed body. A similar institution that currently fulfils a comparable consumer protection role is the Citizens Advice Consumer Service (CACS), delivered in partnership with The Society of Chief Officers of Trading Standards in Scotland (SCOTSS). This service provides confidential and impartial advice to Scottish citizens.
250. The appointment of relevant regulatory and enforcement bodies as described above will be confirmed following the agreement of the final scheme design. This information will be published in the final BRIA.
251. The secondary legislation establishing the scheme will be kept under review during its introduction and operation.