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Please note: this policy note was written at a time when Scottish procurement was subject to the EU legal framework. Some references may no longer be valid, caution should be exercised if you come across one of these references. Content should be cross-referenced with SPPNs which address questions and issues related to exit from the EU legal framework. It should also be read after taking note of the introduction on the SPPN index page.
1. This SPPN is to highlight to public bodies separate public consultations that the Scottish Government has launched on climate change and on the circular economy proposals for legislation which include public procurement elements.
2.This SPPN encourages public bodies to respond where appropriate to:
Public consultation: ‘Developing Scotland's circular economy, proposals for legislation’
3. The draft Circular Economy Bill proposals include measures to cut litter and waste and form part of wider plans for a new approach to reducing, reusing and recycling materials to help drive Scotland’s circular economy and the transition to net zero emissions. There are also proposals to update existing secondary regulations.
4. The specific procurement elements are in chapter six of that consultation. These reflect what the Scottish Government said it would do in its Programme for Government 2019-20 for example, that we would consult on the option of legislating to require public bodies to set out how they will meet climate change and circular economy obligations in their published procurement strategies.
5. Existing procurement duties under the Procurement Reform (Scotland) Act 2014 (“the 2014 Act”) already require public bodies to consider in their procurements how they will improve the economic, social and environmental wellbeing of their areas. The proposal would require public bodies to specify in their published procurement strategies and annual reports how they will deliver against wider climate and circular economy obligations in their procurements.
Public consultation: ‘The role of Public Sector Bodies in tackling climate change: A Consultation’
6. The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015 currently requires public sector bodies to publish annual climate change reports, including on procurement, to demonstrate compliance with their climate change duties. Part 2 of this consultation highlights possible changes to how this procurement information may be gathered in the future.
7. Public bodies are encouraged to review and respond to both of these public consultations as the changes proposed in them are relevant to future procurement processes.
8. Please bring this SPPN to the attention of all relevant staff, including those in agencies, non-departmental public bodies and other sponsored public bodies within your area of responsibility.