Environmental Protection (Single-Use Vapes) (Scotland) Regulations 2024 - fixed penalty notice amendment: consultation

Closes 9 Jan 2025

Opened 9 Dec 2024

Contact

Product Stewardship Team

productstewardship@gov.scot

Overview

Environmental Protection (Injurious Articles) (Fixed Penalty Notices and Miscellaneous Amendments) (Scotland) Regulations 2025: Consultation on amendments to introduce Fixed Penalty Notices for offences under the Single-use Vapes Regulations, the Single-use Plastic Products Regulations, the Cotton Buds Regulations and the Microbeads Regulations and to make other amendments to the Single-use Vapes Regulations including a change to the coming into force date

On the 18th September 2024, the Scottish Parliament approved The Environmental Protection (Single-Use Vapes) (Scotland) Regulations 2025 to prohibit the sale and supply of single-use vapes in Scotland.

We held three consultations on these Regulations during 2023 and 2024, which informed agreement to align definitions and timelines, and the need for effective enforcement. You can read the government response to these consultations at the links below:

Following enactment of the Circular Economy (Scotland) Act 2024 which provides for the use of fixed penalty notices in respect of offences in regulations made under section 140 of the Environmental Protection Act 1990 and in line with previous consultation responses we propose to amend the Single-use Vapes Regulations to enable enforcement officers to issue fixed penalty notices.

We propose to also take the opportunity to amend three other sets of regulations made using the powers in section 140 of the Environmental Protection Act 1990, to provide for a fixed penalty notice procedure in relation to offences under those Regulations:

  • Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021
  • Environmental Protection (Cotton Buds) (Scotland) Regulations 2019

  • Environmental Protection (Microbeads) (Scotland) Regulations 2018

In line with our commitments made during the development of the Environmental Protection (Single-Use Vapes)(Scotland) Regulations 2025, we will also amend the coming into force date from 01 April 2025 to 01 June 2025 in order to maintain alignment across the UK and to provide certainty for businesses and consumers.

The proposed amendments also clarify that an enforcement officer may take samples of, test and take into their possession any vape or component of a vape which appears to that enforcement officer to be a single-use vape or component of a single-use vape.

This consultation invites feedback on the provisions set out in the draft Environmental Protection (Injurious Articles) (Fixed Penalty Notices and Miscellaneous Amendments) (Scotland) Regulations 2025 in general, and also poses specific questions in relation to the fixed penalty notices provisions.

Read the consultation paper here.

Useful information about responding to this consultation

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On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.

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A analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).

 

Why your views matter

Your views will be used to consider any updates to the amending regulations, prior to them being laid in the Scottish Parliament

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Interests

  • Environment and Climate Change
  • Main hub