Public policy highlights

Charities Bill

The Society’s Charity Law Subcommittee was pleased to note that the Charities (Regulation and Administration) (Scotland) Bill received Royal Assent on 9 August. The Society issued a briefing ahead of the stage 3 debate on the bill. As in previous engagement, the briefing highlighted that the bill’s reforms are generally sensible and proportionate. It welcomed changes made during parliamentary scrutiny, particularly in relation to endowments and the removal of the 42 day rule.

However, the briefing re-emphasised that a more comprehensive overhaul of charity law is still required. The Scottish Government has committed to a wider review of charity law, and the subcommittee will continue to press for further clarification of the scope and timescales for this in early course.

Find out more at the Society’s page on the bill

Circular Economy Bill

The Society’s Environmental Law Committee responded to the call for views on the Circular Economy (Scotland) Bill. It welcomed the introduction of the bill, which aims to develop Scotland’s circular economy – a model guided by the principles of reducing the use of goods and materials, creating less waste, and increasing the reuse and recycling of items and products.

The response considered the range of proposals under the bill, which include provisions for Scottish ministers to publish a circular economy strategy and set related targets; powers to set a minimum charge for single-use items; powers to limit the disposal of unsold consumer goods; increased penalties for littering from vehicles; and measures aimed at reducing and monitoring waste in Scotland, as well as ensuring householders and businesses dispose of waste in the correct manner.

As many of the proposals provide ministers with powers to make regulations, the response noted relevant considerations and points where further detail would be welcomed in the secondary legislation. For example, in relation to the disposal of unsold consumer goods, the response considered the categories of products which may be excluded or prioritised. It noted that it would be appropriate to prioritise products with a high raw material or energy input, e.g. where rare minerals have been used in production or there is likely to be high product turnover due to trends rather than functionality of the product itself (such as clothing and electrical items).

The response also noted that greater clarity and consideration on the operation of the UK Internal Market Act 2020 would be welcomed, given that this will be relevant to how many of the bill’s proposals would operate.

Find out more at the Society’s page on the bill

Welfare of Dogs Bill

The Rural Affairs Subcommittee responded to the call for views on the Welfare of Dogs (Scotland) Bill, a member’s bill introduced by Christine Grahame MSP.

The bill aims to improve the health and wellbeing of dogs by establishing a more responsible and informed approach to acquiring and owning a dog. Its proposals include a new code of practice that should be followed by someone considering acquiring a dog as a pet or selling or giving away a dog to someone else. The bill also aims to regulate the sale or gifting of puppies from unlicensed litters.

From a legal policy perspective the response welcomed measures to increase animal welfare standards in Scotland – although it highlighted concerns about the drafting of the bill and whether it meets its intended objectives.

It acknowledged that the proposed questions for inclusion in the code of practice – e.g. whether the breed of dog is suitable for the owner, and whether there would be suitable arrangements for walking, exercising and playing with the dog – are important considerations for people intending to own a dog. It noted, however, that such questions and accompanying examples are more appropriately included within statutory guidance or codes of practice, rather than primary legislation.

It further highlighted that as the code of practice does not have any enforcement mechanisms or consequences for breach, this may lead to challenges in ensuring compliance. It also expressed concern at the proposals to consider whether the code of practice was complied with, as evidence when establishing liability for a relevant offence under the Animal Health and Welfare (Scotland) Act 2006.

Find out more at the Society’s page on the bill

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