Strengthening approach to household recycling collection services

4. Assessing the Impact of Proposals

We are committed to assessing the impact of our proposals. This consultation marks the start of processes to assess the equalities, business and regulatory, and environmental impact of our plans in compliance with legislative requirements and, importantly, to inform the policy development process.

4.1 Equality

In developing proposals, the public sector equality duty requires the Scottish Government to pay due regard to the need to:

• eliminate discrimination, victimisation, harassment or other unlawful conduct that is prohibited under the Equality Act 2010;
• advance equality of opportunity between people who share a protected characteristic and those who do not; and
• foster good relations between people who share a relevant protected characteristic.

These three requirements apply across the 'protected characteristics' of:

• age;
• disability;
• gender reassignment;
• marriage and civil partnership;
• pregnancy and maternity;
• race;
• religion and belief;
• sex and sexual orientation.

The aim of the Scottish Government is to use this consultation process as a means to explore fully any potential equality impacts. Comments received will be used to update an Equality Impact Assessment and to determine if any further work in this area is needed. Any secondary legislation that flows from the co-design of the household recycling Code of Practice will be subject to a further consultation and equality impact assessment.

4.2 Business and regulation

In developing policy proposals, a Business and Regulatory Impact Assessment (BRIA) analyses whether a policy is likely to increase or reduce the costs and burdens placed on businesses, the public sector, voluntary and community organisations.

The proposals being explored in these consultation topics are focussed on household waste recycling and are therefore unlikely to impact directly on the costs and burdens placed on businesses, the public sector, voluntary and community organisations. Your comments will help update the BRIA that will accompany any policy developed as a result of the co-design process.

4.3 Children's Rights and Wellbeing Impact Assessment

The United Nations Convention on the Rights of the Child (UNCRC) and the child wellbeing indicators under the Children and Young People (Scotland) Act 2014 apply to all children and young people in Scotland up to the age of 18, including non-citizen and undocumented children and young people. Under section 17 of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, a child rights and wellbeing impact assessment (CRWIA) must be prepared and published in relation to decisions of a strategic nature relating to the rights and wellbeing of children.

At this stage, the proposals explored in this consultation will provide evidence for the co-design process for the household recycling Code of Practice. The consultation in and of itself does not require a Children’s Rights and Wellbeing Impact Assessment (CRWIA), but subsequent policy decisions that may follow from the consultation will be the subject of Impact Assessments as required by section 17 of the UNCRC (Scotland) Act 2024.

4.4 Islands Communities Impact Assessment

The Islands (Scotland) Act 2018 imposes a duty on Scottish Ministers and other relevant public bodies to have regard to island communities in exercising their functions.

Section 13 of the 2018 Act obliges the Scottish Ministers to prepare an Islands Communities Impact Assessment (ICIA) in relation to legislation which, in their opinion, is likely to influence an island community that is significantly different from its effect on other communities in Scotland.

As the policies being explored in this consultation will impact on local authorities operating in Island Communities, we are committed to ensuring that any new Code of Practice is adaptable to those communities, with consideration of differences in geography, demographics, housing, and existing infrastructure; this will require careful consideration and discussion.

4.5 Fairer Scotland Duty

The Fairer Scotland Duty (the Duty) is set out in legislation in Part 1 of the Equality Act 2010 and came into force in Scotland from April 2018. It requires Scottish Ministers and named public bodies to actively consider what more can be done to reduce the 'inequalities of outcome' caused by 'socio-economic disadvantage' when making 'strategic decisions'.

While at this stage there is no indication that there will be a direct impact on those experiencing socio-economic disadvantage, we would welcome any potential effects that you consider could result from changes to the recycling and waste management space. This feedback will be revisited following the public consultation, to ensure that issues raised are addressed in policy development.

4.6 Environment

The Environmental Assessment (Scotland) Act 2005 requires that public plans and programmes that are likely to have a significant impact on the environment are the subject of a Strategic Environmental Assessment (SEA).

The proposals for consideration in this consultation as they stand currently do not reach the threshold of requiring an SEA. Future policy following consideration of the consultation responses, and that is developed as part of the co-design process of the new Code of Practice will trigger the requirement in the Act and it is anticipated that a full Strategic Environmental Assessment (SEA) would be required at this stage.