Sustainable Procurement Tools

Policy and Legal Context

National Performance Framework

The relevant National Outcomes and Indicators within the National Performance Framework focus our activity around creating a more successful country with opportunities for all of Scotland to flourish through increased wellbeing, and sustainable and inclusive economic growth. The relevant National Outcomes and Indicators for hazardous materials and emissions include:

Environment - We value, enjoy, protect, and enhance our environment

Economy - We have a globally competitive, entrepreneurial, inclusive and sustainable economy

United Nations (UN) Sustainable Development Goals

Scotland was one of the first countries in the world to sign up to the UN Sustainable Development Goals which were developed to achieve a better and more sustainable future for all. Many of the Goals align with Scotland’s National Performance Framework and are relevant to hazardous materials and emissions including:

12 Responsible Consumption and Production

14 Life Below Water, and Goal 15 Life on Land.

As well as relevant National Outcomes and Indicators within the National Performance Framework, a focus on hazardous materials and emissions may form part of a public sector organisation’s sustainability strategy, waste, or environmental strategy.

The Public Procurement Strategy for Scotland

The Public Procurement Strategy for Scotland established a single vision for the whole Scottish public procurement community. The objectives are at the heart of the strategy and set out how public sector bodies in Scotland can align:

Good for Businesses and their Employees: Maximise the impact of procurement to boost a green, inclusive and wellbeing economy, promoting and enabling innovation in procurement.

Good for Places and Communities: Maximising the impact of procurement with strong community engagement and development to deliver social and economic outcomes to drive wellbeing by creating quality employment and skills.

Good for Society: Ensure that we are efficient, effective and forward thinking through continuous improvement to help achieve a fairer and more equal society.

Open and Connected: Ensure procurement in Scotland is open, transparent and connected at local, national and international levels.

The strategy provides a high-level vision and roadmap which all public sector bodies can align to and deliver against and supports the First Minister’s four priorities: eradicating child poverty, growing the economy, tackling the climate emergency and improving public services.

Regulations relating to hazardous materials

Hazardous materials are well regulated with legislation governing their use:

Relevant regulations

Information

Potential procurement Link

Further Information and guidance

Control of Substances Hazardous to Health Regulations 2002

Employers have a legal requirement to adequately control exposure to materials in the workplace that cause ill health.

To ensure that contractors and suppliers follow the law

Control of substances hazardous to health (COSHH) - HSE

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2003

Restricts the use of certain hazardous substances in EEE that can be substituted by safer alternatives. These restricted substances include heavy metals, flame retardants or plasticizers.

Important to clarify in specifications

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012: PIR - green-rated - GOV.UK

Regulations: Waste Electrical and Electronic Equipment (WEEE)

 

 Aims to reduce the amount of waste electrical and electronic equipment (WEEE) incinerated or sent to landfill sites.

Include disposal or end of lifecycle plan in spec/bids

WEEE | Beta | SEPA | Scottish Environment Protection Agency

The Persistent Organic Pollutants (Amendment) (No. 2) Regulations 2025

Bans the manufacture, sale, and use of Persistent Organic Pollutants (POPs), which are hazardous chemical substances.

Ensure suppliers don’t use as part of the specification.

The Persistent Organic Pollutants (Amendment) (No. 2) Regulations 2025

Environmental Authorisation (Scotland) Regulations 2018 (EASR)

Brings together the processes for authorising, enforcing, and managing activities that may impact the environment.

Ensure specification includes who is responsible for paying any fees and where the funds come from.

The Environmental Authorisations (Scotland) Regulations 2018

 

The above is not an exhaustive list of all regulations relating to hazardous materials, there may be other regulations that are relevant depending on the individual procurement and sector.

Public procurement

Sustainable Procurement Duty

The Procurement Reform (Scotland) Act 2014 (the Act) aims to make the best use of public money, helping public bodies to achieve their overarching purpose to create a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable and inclusive growth. The Act places a Duty on a public body that, before it buys anything, to consider how it can improve the economic, social and environmental wellbeing of the area in which it operates through its procurements. Examples of this include:

  • safe manufacturing and production to reduce use of hazardous materials or generation of emissions
  • protecting communities against the threat of climate change (when used or produced hazardous materials can emit greenhouse gases (GHGs) and other pollutants)
  • safe use and disposal of hazardous materials away from communities (hazardous materials can release volatile organic compounds (VOCs) and other pollutants that contribute to ground-level ozone and air quality degradation)

Reporting and Monitoring

Section 15(5) of the Act requires certain public bodies to develop an organisational procurement strategy and report against its delivery at the end of each financial year. Strategies should include a statement of the public body’s general policy on how it has consulted and engaged with those affected by its procurements, and promoting compliance by contractors and sub-contractors with the Health and Safety at Work etc. Act 1974 (c.37) and any provision made under that Act.

By reporting and monitoring the delivery of intended sustainable outcomes, such as those in their sustainability strategy, waste, or environmental strategy, a public body can more easily demonstrate how it is complying with the Sustainable Procurement Duty.

 

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