Draft circular economy strategy: Consumer Duty assessment

Circular Economy Strategy: Consumer Duty Assessment

The Scottish Ministers are specified as a relevant public authority under the Consumer Scotland Act 2020 (Relevant Public Authorities) Regulations 2024 (SSI 2024/78). This means that the Scottish Ministers are subject to the consumer duty (“the Duty”) under the Consumer Scotland Act 2020 (“the 2020 Act”) and must therefore comply with the four requirements of this duty, which are:

• When making decisions of a strategic nature about how to exercise their functions, to have regard to the impact of those decisions on consumers in Scotland;
• When making decisions of a strategic nature about how to exercise their functions, to have regard to the desirability of reducing harm to consumers in Scotland;
• To publish information about the steps they have taken to meet the Duty; and
• To have regard to any guidance published by Consumer Scotland about the Duty.

The Duty ensures consumers are at the heart of all strategic decisions within the Scottish Government. Under the 2020 Act, the definition of consumers includes individuals and small businesses who buy, use or receive in Scotland goods or services (or who could potentially do so) which are provided by public bodies.

As with similar publications of its type, the Circular Economy Strategy collectively constitutes a ‘strategic decision,’ even if each of the various policies contained within it do not. The approach taken to meet the Duty considers the impact of the constituent elements as well as the cumulative impact of the Strategy.

The Circular Economy Strategy has met the requirements of the 2020 Act. The following impact assessment has been carried out: