As the New Year brings resolutions and exciting opportunities, there are a few legal changes to be made in Scotland in 2023.
In 2022, many debates were had, bills were discussed and several social issues were put to the forefront of the Scottish Parliament, reports the Daily Record.
Some laws were officially passed, meaning that they will come into effect at different points throughout the year.
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Although some of these regulations do not have dates confirmed, it is important to know how they could affect you in the long-run.
Here is a handy guide on all the new regulations and laws set to come into force in Scotland in 2023.
Gender Recognition
The Gender Recognition Reform (Scotland) Bill was passed in Scottish Parliament just a couple of weeks ago, on December 22, 2022.
This law will change the process to obtain a gender recognition certificate - in turn improving the system for transgender people.
Those aged 16 or over applying for this certificate will need to make a legally binding declaration that they're already living in their required gender and want to do so permanently.
Social Justice Secretary Shona Robison said: "The passing of this bill is a significant step forward in creating a more equal Scotland, where trans people feel valued, included and empowered."
The bill is currently awaiting Royal Assent before it can be officially viewed as law. This means it is not yet known exactly when it will come into force.
Brexit freedoms
The Government announced in 2022 that all retained EU laws will end on 31 December 2023. This gave the UK the opportunity to create laws for its people.
The Brexit Freedoms Bill will enable the UK Government to create regulations tailored to the UK’s own needs, "cutting red tape and supporting businesses to invest, stimulating economic growth across the UK economy."
Constitution Secretary Angus Robertson had expressed his fears about this bill passing in Scotland, in an open letter to Jacob Rees-Mogg.
He said it was "clearly at odds with the wishes of the vast majority of the people of Scotland who will be dismayed at the direction the UK Government is taking."
The protection of Scotland's water
This law is an extension of the EU Continuity Act which was passed in 2020. Now, for the first time, MSPs are set to ensure that the quality of Scotland's drinking water aligns with that of the EU.
These standards, which are set by the World Health Organisation, limit pollutants and other dangers to the environment and human life .
Constitution Secretary Angus Robertson said: "Scotland’s drinking water is renowned for its excellent quality all over the world and we will be relentless in ensuring it stays this way and meets the highest of standards.
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"These latest steps we are taking, to maintain those standards, are a prime example of our commitment to re-join the EU and align with its policies."
These changes are expected to have come into force on January 1, lining up with the new monitoring year.
Low emission zones
In a bid to make Scotland more environmentally friendly, several Low Emission Zones (LEZ) were introduced in 2022.
Aberdeen, Dundee, Edinburgh and Glasgow all now have a LEZ as of May last year, with enforcement set to begin soon.
For Edinburgh, the LEZ will not begin enforcement until 2024.
Nationality and borders
The Nationality and Borders Bill was strongly opposed by the Scottish Government, but it was passed UK-wide in April last year and is set to come into force in 2023.
Officials have confirmed that it will deliver the most "comprehensive reform" in decades to fix the asylum system.
The bill – and the wider plan – has three key objectives:
to make the system fairer and more effective so that we can better protect and support those in genuine need of asylum
to deter illegal entry into the UK breaking the business model of criminal trafficking networks
saving lives and to remove from the UK those with no right to be here.
Unsafe properties
The Building Safety Bill aims to make homes more safe and secure for anyone who is living there. Not every aspect of this new law applies in Scotland, however there are some important changes.
These include new rights of action against people who:
- Fail to comply with construction or cladding product requirements
- Make a misleading statement about a construction or cladding product in the course of marketing or supplying it
- Manufacture an inherently defective construction or cladding product
Deposit Return Scheme
This new scheme is set to come into force on August 1, 2023. It lays out some regulations for single-use drinks containers sold in Scotland.
The regulations cover all alcoholic and non-alcoholic drinks in containers made from the following in sizes from 50ml to three litres:
- PET Plastic
- Steel
- Aluminium
- Glass
People will pay a 20p deposit when they buy a beverage in any of these single-use containers, which they will get back when they return the empty bottle or can to one of tens of thousands of return points.
This scheme aims to reduce the amount of litter strewn on the streets of Scotland, and also to improve recycling rates.
Other possible law changes
There are a few other law changes in the pipeline for Scotland in 2023 - however, no exact dates have been confirmed.
One important change is the Online Safety Bill, which was created to improve internet safety. The change will apply to any business or organisation that allows user content to be shared and stored.
It's proven to be controversial, because of the "fine line" between safety and freedom of speech.
Another regulation switch-up is the process to request flexible working. Since 2014, employees could ask to work flexibly once they'd been at the job for 26 weeks.
However, the UK government recently confirmed that workers will be able to request it from their first day.
The Scottish Government is also currently reviewing its regulations on the advertising and promotion of alcohol. This could mean that advertisements on TV, print, radio and sports sponsorships could end up being heavily restricted.
And finally, the laws surrounding strike action could be tightened. The government is considering measures to minimise the impact of strike action that we saw in 2022, which could affect businesses and employers in Scotland.
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