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The Scottish Government’s heat and energy efficiency schemes are not designed to act as an emergency response for households who have experienced a sudden failure in their heating system.

Support is available through Scottish Government schemes for households who want to make the move to zero direct emission heating systems, including through the Home Energy Scotland (HES) Grant and Loan Scheme and the Warmer Homes Scotland (WHS) Scheme.

The HES Grant and Loan Scheme offers homeowners grant funding of up to £7,500, with an additional £7,500 of funding available as an interest free loan to support the installation of zero direct emissions heating. The scheme is delivered through a consumer-led model where funding is applied for by the household directly, who in turn is responsible for sourcing an approved installer and paying funding to them once works are complete.

The WHS Scheme is the Scottish Government’s national fuel poverty scheme, designed to make homes warmer for those living in, or at risk of, fuel poverty through the installation of insulation and heating measures into individual properties. The scheme does not provide funding directly to applicants, but is claimed directly by the managing agent after the installation of measures. Measures are entirely grant funded in the majority of cases.

As a private company, Circularity Scotland Ltd is not obligated to comply with requests under Freedom of Information legislation. Circularity Scotland already engage with requests regarding their role in the Deposit Return Scheme, including providing evidence before the Net Zero, Energy and Transport Committee on 28 March 2023, and will be holding a Parliamentary drop-in session 03 May 2023. CSL also engage regularly with Ministers and officials as part of wider DRS assurance structures.

It was determined during the development of the Regulations underpinning Scotland’s Deposit Return Scheme, that Scotland follow international best practice in line with the ‘polluter pays’ principle, and just like similar schemes around the world, a scheme that will be delivered and funded by industry.

The Council of Europe Convention on Access to Official Documents (also known as the ‘Tromsø Convention’) relates to official documents held by public authorities. Whilst the UK is not a signatory to the Convention, the Scottish Government recognises the importance of public access to official information held by Scottish public authorities. However, Circularity Scotland is a private not for profit company, and not a Scottish public authority.

I refer the member to my answer to question S6W-12732 on 14 December 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at: https://www.parliament.scot/chamber-and-committees/questions-and-answers .

Just like similar schemes around the world, Scotland’s Deposit Return Scheme (DRS) is being delivered and funded by industry. It is for them to determine the appropriate manner in which to meet their obligations under the Regulations, including whether or not to establish a private company to act as a scheme administrator.

Given that it is already standard that private companies are not covered by Freedom of Information legislation, and producers themselves formed and administer Circularity Scotland, the Scottish Government does not consider an assessment of any potential impact on relations between the DRS administrator and producers where Circularity Scotland is not subject to Freedom of Information legislation to be necessary.

The Cabinet Secretary for The Environment, Climate Change and Land Reform announced in Parliament on 8 May 2019 that Scotland’s Deposit Return Scheme (DRS) would be a privately operated scheme, in line with international best practice. This approach was then approved by a parliamentary vote on 13 May 2020.

These regulations enabled any public or private organisation to apply to be approved by the Scottish Ministers as a scheme administrator.

Only Circularity Scotland has applied to be a scheme administrator. Their application was considered in line with the regulations.

Any other eligible application received will be considered by the Scottish Ministers.

Circularity Scotland provides services to drinks producers and retailers to help them comply with their obligations under the Deposit Return Scheme Regulations.

By helping these companies do so, they will ensure the benefits of Scotland’s DRS will be achieved.

In line with the ‘polluter pays’ principle, and just like similar schemes around the world, Scotland’s deposit return scheme is being delivered and funded by industry, led by the scheme administrator, Circularity Scotland. This was the approach agreed and voted for by the Scottish Parliament when it approved the appropriate regulations.

Scotland’s Deposit Return Scheme is not a government scheme, in that it is run by and for industry, and therefore cannot be compared with companies and bodies that do administer government schemes.

Circularity Scotland is a privately owned company and is not under contract to the Scottish Government. It is therefore not a Scottish public authority for the purposes of the of the Freedom of Information (Scotland) Act 2002, and we do not consider there to be any implications for FOI legislation given this legislation applies to public bodies rather than private companies.

Scotland’s Deposit Return Scheme was developed in line with the ‘polluter pays’ principle, and just like similar schemes around the world, is being delivered and funded by industry. The Deposit Return Scheme for Scotland Regulations 2020 enable any public or private organisation to apply to be approved by the Scottish Ministers as a scheme administrator.

Only Circularity Scotland has applied to be a scheme administrator. Their application was considered in line with the regulations.

Any other eligible application received will be considered by the Scottish Ministers.