Regulatory Reform (Scotland) Act 2014

SCHEDULE 1A (1) In this schedule, unless the context otherwise requires— - “enforcement authority” means the enforcement authority provided for in the regulations; - “notice” means a fixed penalty notice given under section 88A(1); - “the offence” means the offence to which the notice relates; - “prescribed” means prescribed by the regulations; - “the regulations” means regulations under section 88A(3). (2) (1) A notice must give reasonable particulars of the circumstances alleged to constitute the offence. (2) A notice must also contain the following information— (a) the amount of the fixed penalty; (b) the payment deadline; (c) the discounted amount and the discounted payment deadline; (d) the name of— (i) the enforcement authority to which payment should be made; or (ii) a person acting on behalf of the enforcement authority to whom payment should be made; (e) the address at which payment should be made; and (f) the method by which payment should be made. (3) A notice given to a person must state that— (a) any liability to conviction of the offence is discharged if the person makes payment of— (i) the fixed penalty before the payment deadline; or (ii) the discounted amount before the discounted payment deadline; (b) the payment of a fixed penalty is not a conviction nor may it be recorded as such; (c) no proceedings may be commenced against the person in respect of the offence unless the payment deadline has passed and the discounted amount or fixed penalty has not been paid; (d) the person has the right to make representations as mentioned in paragraph 8. (3) A notice may not be given after such time relating to the offence as may be prescribed. (4) (1) The amount of the fixed penalty, and the discounted amount, are such amounts as may be prescribed. (2) The maximum amount of the fixed penalty that may be prescribed is an amount equal to level 2 on the standard scale (within the meaning of section 225(1) of the Criminal Procedure (Scotland) Act 1995). (3) The discounted amount prescribed must be less than the maximum amount of the fixed penalty. (5) (1) The payment deadline is the first working day occurring at least 28 days after the day on which the notice is given. (2) But the enforcement authority may extend the payment deadline in any particular case after the notice is given if it considers it appropriate to do so. (3) The discounted payment deadline is the first working day occurring at least 14 days after the day on which notice is given. (4) But the enforcement authority may extend the discounted payment deadline in any particular case after the notice is given if it considers it appropriate to do so. (5) On extending the payment deadline under sub-paragraph (2), or the discounted payment deadline under sub-paragraph (4), the enforcement authority must notify the recipient of the notice. (6) In this paragraph, “working day” means any day other than a Saturday, a Sunday, Christmas Day or a day which, under the Banking and Financial Dealings Act 1971, is a bank holiday in Scotland. (6) The fixed penalty (and the discounted payment amount) is payable— (a) to the enforcement authority or the person acting on its behalf specified in the notice; (b) at the address specified in the notice; and (c) by the method specified in the notice. (7) (1) The earliest date that proceedings for the offence may be commenced is the day after the payment deadline. (2) But no such proceedings may be commenced against a person if— (a) the person makes payment of the discounted amount on or before the discounted payment deadline (or that deadline as extended under paragraph 5(4)); or (b) the person makes payment of the fixed penalty on or before the payment deadline (or that deadline as extended under paragraph 5(2)). (3) In proceedings for the offence, a certificate which— (a) purports to be signed by or on behalf of a person having responsibility for the financial affairs of the enforcement authority; and (b) states that payment of an amount specified in the certificate was, or was not, received by a date so specified, is sufficient evidence of the facts stated. (4) Where the enforcement authority is a local authority, the reference to a person having responsibility for the financial affairs of the enforcement authority in sub-paragraph (3)(a) is to be read as a reference to the person who has, as respects the local authority, the responsibility mentioned in section 95 of the Local Government (Scotland) Act 1973 (financial administration). (8) (1) A recipient of a notice may make representations to the enforcement authority as to why the notice ought not to have been given. (2) If, having considered any representations under sub-paragraph (1), the enforcement authority considers that the notice ought not to have been given, it may give to the person a notice withdrawing the notice. (3) Where a notice under sub-paragraph (2) is given— (a) the enforcement authority must repay any amount which has been paid in pursuance of the fixed penalty notice; and (b) no proceedings may be commenced against the person for the offence. (9) Where proceedings for an offence in respect of which a notice has been given are commenced, the notice is to be treated as withdrawn. (10) The regulations may make provision about— (a) the application by enforcement authorities of payments received under this schedule; (b) the keeping of accounts, and the preparation and publication of statements of account, in relation to such payments. (11) (1) The regulations may prescribe— (a) the form of notices including notices under paragraph 8(2); (b) the circumstances in which notices may not be given; and (c) the method by which fixed penalties may be paid. (2) The regulations may modify sub-paragraphs (1) and (3) of paragraph 5 so as to substitute a different deadline for the deadline for the time being specified there. (12) The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.

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Publicity and remediation orders: appeals by prosecutor

Orders under sections 36 and 41: prosecutor’s right of appeal

44

• (1) The Criminal Procedure (Scotland) Act 1995 is amended in accordance with this section.

• (2) In section 108 (Lord Advocate's rights of appeal against disposal)—

• (a) in subsection (1), after paragraph (ca) insert—

(cb) a decision under section 36(2) of the Regulatory Reform (Scotland) Act 2014 not to make a publicity order; (cc) a decision under section 41(2) of that Act not to make a remediation order;

,

• (b) in subsection (2)(b)(ii), for the words “or (ca)” substitute “ , (ca), (cb) or (cc) ”.

• (3) In section 175 (right of appeal from summary proceedings)—

• (a) in subsection (4), after paragraph (ca) insert—

(cb) a decision under section 36(2) of the Regulatory Reform (Scotland) Act 2014 not to make a publicity order; (cc) a decision under section 41(2) of that Act not to make a remediation order;

,

• (b) in subsection (4A)(b)(ii), for “or (ca)” substitute “ , (ca), (cb) or (cc) ”.

Contaminated land and special sites

Contaminated land and special sites

45

• (1) The Environmental Protection Act 1990 is amended as follows.

• (2) In section 78F (determination of appropriate person to bear responsibility for remediation), after subsection (5) insert—

(5A) But where the contaminated land is owned or occupied by the Crown by virtue of its having vested as bona vacantia in the Crown, or its having fallen to the Crown as ultimus haeres, the Crown is not an appropriate person under subsection (4) or (5) for the purposes of this Part.

.

• (3) After section 78Q insert—

(78QA) (1) Subsection (2) applies where— (a) a local authority has given notice under section 78B above that land in its area has been identified as contaminated land; (b) the land is not designated as a special site by virtue of section 78C(7) or 78D(6) above; and (c) the local authority is satisfied that the land is no longer contaminated land. (2) The local authority may give notice (a “non-contamination notice”) that the land is no longer contaminated land to— (a) the appropriate Agency; (b) the owner of the land; (c) any person who appears to the local authority to be in occupation of the land; (d) each person who appears to the authority to be an appropriate person. (3) Where a non-contamination notice is given in respect of land— (a) the notice mentioned in subsection (1) above ceases to have effect (and accordingly the land is no longer identified as contaminated land for the purposes of this Part); (b) no remediation notice may be served in respect of the land; (c) any remediation notice in force in respect of the land at the time the non-contamination notice is given ceases to have effect (except to the extent that the non-contamination notice provides otherwise); and (d) no proceedings may be begun against a person for an offence under section 78M(1) above in respect of such a remediation notice except in relation to a provision of the notice which continues to have effect by virtue of paragraph (c) above. (4) A non-contamination notice shall not prevent the land, or any of the land, to which the notice relates being identified as contaminated land on a subsequent occasion. (5) Where land, or any of the land, to which a non-contamination notice relates is subsequently identified as contaminated land, or is subsequently designated as a special site by virtue of section 78C(7) or 78D(6), subsection (3)(b) above does not prevent a remediation notice being served in respect of the land. (6) Where a local authority gives a non-contamination notice, it must keep (in such form as it thinks fit) a record of— (a) details of the land to which the notice relates; (b) its reasons for giving the notice; and (c) the date of— (i) the notice mentioned in subsection (1) above; (ii) service of the non-contamination notice. (7) Subsection (8) of section 78R below applies to records kept under subsection (6) above as it applies to registers maintained by enforcing authorities under that section; and for that purpose, the reference to entries is to be read as if it were a reference to information in such records. (8) In performing its function under subsection (2) above, a local authority must have regard to any guidance issued by the Scottish Ministers in accordance with section 78YA below. (9) In this section, references to land in respect of which a non-contamination notice is given include references to part of that land.

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• (4) After section 78T insert—

(78TA) (1) Subsection (2) applies where a local authority has entered in a register maintained under section 78R above particulars of or relating to notices mentioned in paragraph (e) or (f) of subsection (1) of that section. (2) The local authority may remove the particulars from the register. (3) Particulars may be removed under subsection (2) above only if— (a) the Scottish Environment Protection Agency has given the local authority a notice under section 78Q(4) above that the land to which the notices relate is no longer land which is required to be designated as a special site; and (b) the date specified in the notice given under that section has passed. (4) Where a local authority removes particulars from a register under subsection (2) above, it must keep (in such form as it thinks fit) a record of— (a) the particulars that have been removed; (b) its reasons for removing them; and (c) the date on which the particulars— (i) were originally entered in the register; and (ii) were removed. (5) Subsection (8) of section 78R above applies to records kept under subsection (4) above as it applies to registers maintained by enforcing authorities under that section; and for that purpose, the reference to entries is to be read as if it were a reference to information in such records. (6) In performing its functions under subsection (4) above, a local authority must have regard to any guidance issued by the Scottish Ministers in accordance with section 78YA below. (7) Where a local authority removes particulars from a register under subsection (2) above, it must give notice of such removal to— (a) the Scottish Environment Protection Agency; (b) any person who is the owner of land designated as a special site by a notice to which the particulars relate; (c) any person who appears to the local authority to be in occupation of the whole or any part of that land; (d) each person— (i) who appears to the Scottish Environment Protection Agency to be an appropriate person in relation to that land; and (ii) in respect of whom details have been given by the Scottish Environment Protection Agency to the local authority sufficient to enable notice of such removal to be given; and (e) each person who appears to the local authority to be an appropriate person in relation to that land. (78TB) (1) Where a local authority removes particulars from a register under section 78TA(2) above— (a) any remediation notice relating to the land ceases to have effect; and (b) no proceedings may be begun against a person for an offence under section 78M(1) above in respect of any remediation notice relating to the land. (2) In subsection (1), “the land” means land designated as a special site by a notice to which the particulars mentioned in that subsection relate.

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• (5) In section 78X (supplementary provisions), in subsection (4), after paragraph (f) insert—

(g) in relation to property and rights that have vested as bona vacantia in the Crown, or that have fallen to the Crown as ultimus haeres, the Queen's and Lord Treasurer's Remembrancer.

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• (6) In section 78YA (supplementary provisions with respect to guidance by the Scottish Ministers), in subsection (4A), after “draft” where it second occurs insert “ , and a draft of any guidance referred to in section 78QA(8) or section 78TA(6) above, ”.

Amendment of powers under section 108 of Environment Act 1995

Amendment of powers under section 108 of Environment Act 1995

46

• (1) The Environment Act 1995 is amended as follows.

• (2) In section 108 (powers of enforcing authorities and persons authorised by them)—

• (a) in subsection (1)—

• (i) the word “or” immediately following paragraph (b) is repealed,

• (ii) after paragraph (c) insert—

(d) of determining whether any of the following offences are being or have been committed— (i) an offence under section 110 of this Act; (ii) an offence under section 40(1) of the Regulatory Reform (Scotland) Act 2014 (offences relating to significant environmental harm); (iii) an offence under section 293(2) of the Criminal Procedure (Scotland) Act 1995 (statutory offences: art and part and aiding or abetting) as it applies in relation to an offence mentioned in sub-paragraph (i) or (ii) above; (iv) an attempt, conspiracy or incitement to commit an offence mentioned in sub-paragraph (i) or (ii) above; or (e) in a case only where the person is authorised by SEPA, of determining whether, and if so to what extent, any financial benefit has accrued or is likely to accrue to a person in connection with an offence mentioned in subsection (1A) below which the authorised person reasonably believes is being or has been committed.

,

• (b) after subsection (1) insert—

(1A) The offence is a relevant offence (within the meaning of section 53 of the Regulatory Reform (Scotland) Act 2014) for the purpose of provision made under section 24, or of section 35, of that Act).

,

• (c) in subsection (4)—

• (i) in paragraph (h), after sub-paragraph (iii) insert—

(iv) to ensure that it is available for use as evidence in any proceedings for an offence under section 40(1) of the Regulatory Reform (Scotland) Act 2014;

,

• (ii) in paragraph (j), the words from “to answer” to the end become sub-paragraph (i) of that paragraph, and after that sub-paragraph insert

; and (ii) without prejudice to the generality of paragraph (c) above, to attend at such place and at such reasonable time as the authorised person may specify to answer those questions and sign such a declaration;

,

• (iii) after paragraph (j) insert—

(ja) in a case only where he is authorised under subsection (1) or (2) above by SEPA, and without prejudice to the generality of paragraphs (c) and (j) above, to require any person whom he has reasonable cause to believe to be able to give any information relevant to an examination or investigation under paragraph (c) above, to provide the person's name, address and date of birth;

,

• (iv) after paragraph (k) insert—

(ka) as regards any premises which by virtue of an authorisation from SEPA he has power to enter, to search the premises and seize and remove any documents found in or on the premises which he has reasonable cause to believe— (i) may be required as evidence for the purpose of proceedings relating to an offence under any of the pollution control enactments, or under section 40(1) of the Regulatory Reform (Scotland) Act 2014, which he reasonably believes is being or has been committed; or (ii) may assist in determining whether, and if so to what extent, any financial benefit has accrued or is likely to accrue as mentioned in subsection (1)(e) above;

,

• (d) in subsection (5), after “with” insert “ , or whether an offence under section 40(1) of the Regulatory Reform (Scotland) Act 2014 is being, or has been, committed, ”,

• (e) in subsection (6), paragraph (a) and the word “and” immediately following it are repealed,

• (f) after subsection (7) insert—

(7A) An authorised person may not exercise the power in subsection (4)(ka) above to seize and remove documents except under the authority of a warrant by virtue of Schedule 18 to this Act. (7B) Section 108A applies where documents are removed under that power. (7C) Subsections (7D) and (7E) apply where a document removed under that power contains information in respect of which a claim to confidentiality of communications could be maintained in legal proceedings. (7D) The information may not be used— (a) in evidence for the purpose of proceedings mentioned in paragraph (ka)(i) of subsection (4) above against a person who would be entitled to make such a claim in relation to the document; or (b) to determine whether any financial benefit has accrued or is likely to accrue as mentioned in subsection (1)(e) above. (7E) The document must be returned to the premises from which it was removed, or to the person who had possession or control of it immediately before it was removed, as soon as reasonably practicable after the information is identified as information described in subsection (7C) above (but the authorised person may retain, or take copies of, any other information contained in the document).

,

• (g) in subsection (12), at the end add

, except in a case where the proceedings relate to— (a) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations), or (b) another offence where in giving evidence the person makes a statement inconsistent with the answer.

,

• (h) in subsection (15)—

• (i) after the definition of “authorised person” insert—

“document” includes any thing in which information of any description is recorded (by any means) and any part of such a thing;

,

• (ii) in the definition of “pollution control functions”, paragraph (a) is repealed.

• (3) After section 108, insert—

(108A) (1) An authorised person (within the meaning of subsection (15) of section 108 of this Act) who removes any documents under the power in subsection (4)(ka) of that section shall, if requested to do so by a person mentioned in subsection (2) below, provide that person with a record of what the authorised person removed. (2) The persons are— (a) a person who was the occupier of any premises from which the documents were removed at the time of their removal; (b) a person who had possession or control of the documents immediately before they were removed. (3) The authorised person shall provide the record within a reasonable time of the request for it. (4) A person who had possession or control of documents immediately before they were removed may apply to SEPA— (a) for access to the documents; or (b) for a copy of them. (5) SEPA shall— (a) allow the applicant supervised access to the documents for the purpose of copying them or information contained in them; or (b) copy the documents or information contained in them (or cause the documents or information to be copied) and provide the applicant with such copies within a reasonable time of the application. (6) But SEPA need not comply with subsection (5) above where it has reasonable grounds for believing that to do so might prejudice— (a) any investigation for a purpose mentioned in paragraph (a), (d) or (e) of subsection (1) of section 108 of this Act; or (b) any criminal proceedings which may be brought as a result of any such investigation. (7) In subsection (5) above, “supervised access” means access under the supervision of a person approved by SEPA. (8) A person who claims that an authorised person or SEPA has failed to comply with the requirements of subsection (1), (3) or (5) above may apply to the sheriff for an order under subsection (10) below. (9) An application under subsection (8) above— (a) relating to a failure to comply with the requirements of subsection (1) or (3) above may be made only by a person who is entitled to make a request under subsection (1) above; (b) relating to a failure to comply with subsection (5) above may be made only by a person who had possession or control of the documents immediately before they were removed. (10) The sheriff may, if satisfied that the authorised person or SEPA has failed to comply with the requirements of subsection (1), (3) or (5) above, order the person, or as the case may SEPA, to comply with the requirements within such time and in such manner as may be specified in the order.

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• (4) In Schedule 18 (supplemental provisions with respect to powers of entry)—

• (a) in paragraph 2—

• (i) after sub-paragraph (1) insert—

(1A) If it is shown to the satisfaction of the sheriff or a justice of the peace, on sworn information in writing, that there are reasonable grounds for the exercise in relation to any documents of a power in section 108(4)(ka) of this Act, the sheriff or justice of the peace may by warrant authorise SEPA to designate a person who shall be authorised to exercise the power in relation to the documents in accordance with the warrant and, if need be, by force.

,

• (ii) for sub-paragraph (3) substitute—

(3) A warrant under this Schedule in respect of the power in section 108(6) of this Act to enter any premises used for residential purposes shall not be issued unless the sheriff or justice of the peace is satisfied that such entry is necessary for any purpose for which the power is proposed to be exercised.

,

• (iii) after sub-paragraph (4) add—

(5) A sheriff may grant a warrant under this Schedule in relation to premises situated in an area of Scotland even though the area is outside the territorial jurisdiction of that sheriff; and any such warrant may, without being backed or endorsed by another sheriff, be executed throughout Scotland in the same way as it may be executed within the sheriffdom of the sheriff who granted it.

,

• (b) in paragraph 3—

• (i) after “shall” insert “ , if so required, ”,

• (ii) the words “designation and other” are repealed.

Authorisations relating to waste management: offences by partnerships

Carriers of controlled waste: offences by partnerships affecting registration

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Waste management licences: offences by partnerships

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Air quality assessments

Duty of local authorities in relation to air quality assessments etc.

49

In section 84 of the Environment Act 1995 (duties of local authorities in relation to designated areas)—

• (a) subsection (1) is repealed,

• (b) in subsection (2), for the words from the beginning to “to” where it fourth occurs, substitute “ Where an order under section 83 above comes into operation, the local authority which made the order shall ”.

Smoke control areas: fuels and fireplaces

Smoke control areas: authorised fuels and exempt fireplaces

50

• (1) The Clean Air Act 1993 is amended as follows.

• (2) In section 20 (offence of emitting smoke in smoke control area where emission caused by use of fuel other than authorised fuel)—

• (a) after subsection (5) insert—

(5A) In this Part, “authorised fuel” means a fuel included in a list of authorised fuels kept by the Scottish Ministers for the purposes of this Part. (5B) The Scottish Ministers must— (a) publish the list of authorised fuels; and (b) publish a revised copy of the list as soon as is reasonably practicable after any change is made to it. (5C) The list must be published in such manner as the Scottish Ministers consider appropriate.

,

• (b) in subsection (6), for “In” substitute “ Except as provided in subsection (5A), in ”.

• (3) In section 21 (power by order to exempt certain fireplaces)—

• (a) the existing text becomes subsection (5); and for the word “The” at the beginning of that subsection substitute “ Except where subsection (1) applies, the ”.

• (b) before that subsection insert—

(1) For the purposes of this Part, the Scottish Ministers may exempt any class or description of fireplace from the provisions of section 20 (prohibition of smoke emissions in smoke control areas) if they are satisfied that such fireplaces can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke. (2) An exemption under subsection (1) may be made subject to such conditions as the Scottish Ministers consider appropriate. (3) The Scottish Ministers must— (a) publish a list of those classes or descriptions of fireplace that are exempt under subsection (1), including details of any conditions to which an exemption is subject; and (b) publish a revised copy of the list as soon as is reasonably practicable after any change is made to the classes or descriptions of fireplace that are so exempt or to the conditions to which an exemption is subject. (4) The list must be published in such manner as the Scottish Ministers consider appropriate.

.

• (4) In the title of section 21, the words “by order” are repealed.

• (5) In section 29 (interpretation of Part 3), in the definition of “authorised fuel”, for “20(6)” substitute “ 20 ”.

CHAPTER 5 — GENERAL PURPOSE OF SEPA

General purpose of SEPA

51

After section 20 of the Environment Act 1995, insert—

(20A) (1) SEPA is to carry out the functions conferred on it by or under this Act or any other enactment for the purpose of protecting and improving the environment (including managing natural resources in a sustainable way). (2) In carrying out its functions for that purpose SEPA must, except to the extent that it would be inconsistent with subsection (1) to do so, contribute to— (a) improving the health and well being of people in Scotland, and (b) achieving sustainable economic growth. (3) In subsection (1), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

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CHAPTER 6 — REPORTING AND INTERPRETATION: PART 3

Annual report on operation of Part 3

52

The Scottish Ministers must, as soon as practicable after the end of each calendar year, lay before the Scottish Parliament a report on the operation of this Part.

Meaning of “relevant offence” and “SEPA” in Part 3

53

In this Part—

• “relevant offence” means an offence specified in an order made by the Scottish Ministers for the purposes of this Part,

• “SEPA” means the Scottish Environment Protection Agency.

PART 4 — MISCELLANEOUS

Marine licensing decisions

Marine licence applications etc.: proceedings to question validity of decisions

54

• (1) The Marine (Scotland) Act 2010 is amended as follows.

• (2) In section 38 (appeals against licensing decisions), after subsection (3) add—

(4) The duty in subsection (1) does not apply in relation to a decision under section 29 to which section 63A applies.

.

• (3) After section 63, insert—

(63A) (1) If a person is aggrieved by a decision of the Scottish Ministers to which this section applies, and wishes to question the validity of the decision on either of the grounds mentioned in subsection (2), the person (the “aggrieved person”) may make an application to the Inner House of the Court of Session under this section. (2) The grounds are that— (a) the decision is not within the powers of the Scottish Ministers under this Part, (b) one or more of the relevant requirements have not been complied with in relation to the decision. (3) This section applies to— (a) a decision to cause, or not to cause, an inquiry to be held under section 28(1) in connection with the Scottish Ministers' determination of an application for a marine licence to carry on an activity in respect of which a generating station application must also be made, and (b) a decision under section 29 in relation to an application for a marine licence to carry on such an activity. (4) An application under this section must be made within the period of 6 weeks beginning with the date on which the decision to which the application relates is taken. (5) On an application under this section, the Inner House of the Court of Session— (a) may suspend the decision until the final determination of the proceedings, (b) may quash the decision either in whole or in part if satisfied that— (i) the decision in question is not within the powers of the Scottish Ministers under this Part, or (ii) the interests of the aggrieved person have been substantially prejudiced by failure to comply with any of the relevant requirements in relation to the decision. (6) In this section— - “generating station application” means an application for consent under section 36 of the Electricity Act 1989 (consent for the construction etc. of generating stations); - “the relevant requirements” in relation to a decision to which this section applies, means the requirements of this Act, or of any order or regulations made under this Part, which are applicable to that decision. (63B) (1) No proceedings may be taken in respect of an application under section 63A(1) unless the Inner House of the Court of Session has granted permission for the application to proceed. (2) The Court may grant permission under subsection (1) for an application to proceed only if it is satisfied that— (a) the applicant can demonstrate a sufficient interest in the subject matter of the application, and (b) the application has a real prospect of success. (3) The Court may grant permission under subsection (1) for an application to proceed— (a) subject to such conditions as the Court thinks fit, or (b) only on such of the grounds specified in the application as the Court thinks fit.

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Planning authorities' functions: charges and fees

Planning authorities’ functions: charges and fees

55

In section 252 of the Town and Country Planning (Scotland) Act 1997 (fees for planning applications, etc.)—

• (a) in subsection (1A), after paragraph (d) insert—

(da) make provision for the charge or fee payable to different planning authorities to be of different amounts,

,

• (b) after subsection (1A) insert—

(1AA) Provision such as mentioned in subsection (1A)(da) may be made in respect of a planning authority where the Scottish Ministers are satisfied that the functions of the authority are not being, or have not been, performed satisfactorily. (1AB) The power to make provision such as is mentioned in subsection (1A)(da) is without prejudice to the generality of the power in section 275(2A).

,

• (c) subsections (5) and (6) are repealed.

Street traders' licences

Application for street trader’s licence: food businesses

56

In section 39 of the Civic Government (Scotland) Act 1982 (street traders' licences)—

• (a) in subsection (4)—

• (i) for “the food ” substitute “ a food ”,

• (ii) after “1990)” insert “ mentioned in subsection (4A) ”,

• (b) after subsection (4) insert—

(4A) A food authority referred to in subsection (4) is a food authority in Scotland which, in respect of the activity mentioned in that subsection— (a) has registered the establishment that carries out or intends to carry out the activity for the purposes of Article 6.2 of Regulation EC No. 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs, or (b) where no such food authority has registered the establishment for those purposes, a food authority which is— (i) the licensing authority to which the application mentioned in subsection (4) in respect of the activity is made, or (ii) another licensing authority to which an application for a street trader's licence in respect of the activity is or has been made.

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PART 5 — GENERAL

Consequential modifications and repeals

57

Schedule 3 makes minor modifications of enactments (including repealing enactments that are spent) and modifications consequential on the provisions of this Act.

Subordinate legislation

58

• (1) Any power of the Scottish Ministers to make an order or regulations under this Act includes power to make—

• (a) different provision for different purposes,

• (b) incidental, supplemental, consequential, transitional, transitory or saving provision.

• (2) The power to make regulations under section 1 includes power to modify any enactment (including this Act other than that section and sections 2, 3 and 7).

• (3) The following orders are subject to the affirmative procedure—

• (a) an order under section 9, 12, 20 or 23,

• (b) an order under section 7 that contains provision such as is mentioned in subsection (1)(a) of that section,

• (c) an order under that section that specifies under subsection (2) of that section—

• (i) that a function is to be a regulatory function for the purposes of section 1, 4 or 5,

• (ii) the extent to which a function is to be a regulatory function for such purposes,

• (d) an order under section 59(1) which contains provisions that add to, replace or omit any part of the text of an Act.

• (4) The following regulations are subject to the affirmative procedure—

• (a) regulations under section 1,

• (b) regulations under section 18 which contain provisions that add to, replace or omit any part of the text of an Act.

• (5) All other orders and regulations under this Act are subject to the negative procedure.

• (6) This section does not apply to an order under—

• (a) section 61(2), or

• (b) paragraph 30 of schedule 2.

Ancillary provision

59

• (1) The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

• (2) An order under this section may modify any enactment (including this Act), instrument or document.

Crown application

60

• (1) No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable.

• (2) But the Court of Session may, on the application of the Scottish Ministers or any public body or office-holder having responsibility for enforcing the provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) Despite subsection (1), any provision made by or under the provisions of this Act applies to persons in the public service of the Crown as it applies to other persons.

Commencement

61

• (1) This Part (other than section 57) comes into force on the day after Royal Assent.

• (2) The remaining provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.

• (3) An order under subsection (2) may include transitional, transitory or saving provision.

Short title

62

The short title of this Act is the Regulatory Reform (Scotland) Act 2014.

SCHEDULE 1

SCHEDULE 2

PART 1 — LIST OF PURPOSES

Environmental activities

1

• (1) Further defining environmental activities.

• (2) Modifying the definition of any of those activities.

• (3) Specifying other activities as environmental activities.

Emissions

2

• (1) Establishing standards, objectives or requirements in relation to emissions.

• (2) In relation to emissions, authorising the making of plans for—

• (a) the setting of overall limits,

• (b) the allocation of quotas, or

• (c) the progressive improvement of standards or objectives.

• (3) Authorising the making of schemes for the trading or other transfer of quotas so allocated.

Regulators

3

• (1) Determining the authorities (whether SEPA or any other public or local authority or the Scottish Ministers) by whom functions conferred by the regulations for or in connection with regulating regulated activities are to be exercisable (such authorities being referred to in this schedule as “regulators”).

• (2) Specifying any other purposes for which any such functions are to be exercisable.

• (3) Enabling the Scottish Ministers to give directions (whether general or specific) with which regulators are to comply, or guidance to which regulators are to have regard, in exercising functions under the regulations, including—

• (a) directions providing for any functions exercisable by one regulator to be exercisable instead by another,

• (b) directions given for the purpose of the implementation of—

• (i) the relevant EU instruments, or

• (ii) any international obligations of the United Kingdom relating to protecting and improving the environment,

• (c) directions relating to the exercise of any function in a particular case or description of case,

• (d) directions providing for any matter to which the directions relate to be determined, in such manner (if any) as the directions may specify, by a person other than the Scottish Ministers.

• (4) In sub-paragraph (3)(b) “the relevant EU instruments” has the same meaning as in paragraph 22(2) of this schedule.

Regulation of activities

4

• (1) Prohibiting persons from carrying on, or from causing or permitting others to carry on, any regulated activity.

• (2) Prohibiting persons from carrying on any regulated activity except so far as it is—

• (a) authorised by or underthe regulations, and

• (b) carried on in accordance with the regulations.

• (3) Enabling the carrying on of regulated activities to be authorised by providing that they are to be carried on—

• (a) in accordance with a permit granted by a regulator under the regulations (a “permit”),

• (b) subject to a requirement to register the carrying on of the activity with a regulator (“registration”),

• (c) subject to a requirement to notify a regulator that the activity is being, or is proposed to be, carried on (“notification”),

• (d) subject to compliance with rules specified in or made under the regulations (“general binding rules”).

• (4) Enabling the carrying on of regulated activities to be authorised by means of a permit, registration or notification whether or not the carrying on of those activities is also subject to general binding rules.

• (5) Specifying a procedure under which the regulators may determine general binding rules.

• (6) Treating as authorised the carrying on of regulated activities which are subject to general binding rules.

• (7) Specifying the subsistence of an authorisation to carry on regulated activities which are subject to general binding rules.

Permits

5

• (1) Prescribing the form and content of applications for permits.

• (2) Regulating the procedure to be followed in connection with—

• (a) applications for permits,

• (b) the determination of such applications, and

• (c) the grant of permits.

6

• (1) Prescribing the form and content of permits.

• (2) Authorising permits to be granted subject to conditions imposed by regulators.

• (3) Securing that permits have effect subject to specified conditions.

• (4) Requiring persons carrying on regulated activities authorised by way of a permit to submit to regulators, in respect of specified periods and at specified intervals, such information as may be specified relating to the carrying on of the activities and compliance with any conditions subject to which the permit was granted.

7

• (1) Requiring permits, or the conditions to which permits are subject, to be reviewed by regulators (whether periodically or in specified circumstances).

• (2) Authorising or requiring the variation of permits or such conditions by regulators (whether on applications made by holders of permits or otherwise).

• (3) Regulating the making of changes in the carrying on of the activitiesto which permits relate.

8

• (1) Regulating the transfer and surrender of permits.

• (2) Authorising the suspension of permits by regulators.

• (3) Authorising the revocation of permits by regulators.

• (4) Authorising the imposition by regulators of requirements with respect to the taking of preventive or remedial action (by holders of permits or other persons) in connection with the surrender and revocation of permits.

9

• (1) Authorising, or authorising the Scottish Ministers to make schemes for, the charging by the Scottish Ministers or public or local authorities of fees or other charges in respect of—

• (a) the testing or analysis of substances in cases mentioned in sub-paragraph (2),

• (b) the validating of, or of the results of, any testing or analysis of substances in such cases, or

• (c) assessing how the environment might be affected by the release into it of any substances in such cases.

• (2) The cases are those where the testing, analysis, validating or assessing is in any way in anticipation of, or otherwise in connection with, the making of applications for the grant of permits or is carried out in pursuance of conditions to which any permit is subject.

Registration

10

• (1) Prescribing the form and content of—

• (a) applications for registration,

• (b) registration.

• (2) Regulating the procedure for registration including—

• (a) the procedure to be followed in connection with—

• (i) applications for registration,

• (ii) the determination of such applications, and

• (iii) the grant of registration, and

• (b) variation, transfer, surrender, suspension and revocation of registrations.

• (3) Authorising registration to be granted subject to conditions imposed by regulators.

• (4) Securing that registrations have effect subject to specified conditions.

• (5) Specifying restrictions or other requirements in connection with registration, including—

• (a) circumstances in which registration may be refused,

• (b) the subsistence of registration.

Provisions common to permits and registration

11

• (1) Enabling the granting of permits, or the registration of activities, authorising the carrying on of—

• (a) one or more regulated activities,

• (b) a regulated activity at one or more than one place.

• (2) Securing that permits and registrations have effect subject to standard rules specified in or made under the regulations in respect of permits and registrations.

• (3) Specifying a procedure under which regulators may determine such rules.

• (4) Specifying restrictions or other requirements in connection with—

• (a) applications for permits or registration,

• (b) the grant of permits (including provisions for restricting the grant of permits to those who are fit and proper persons within the meaning of the regulations),

• (c) the registration of regulated activities (including provision for restricting registration to the carrying on of such activities by those who are fit and proper persons within the meaning of the regulations).

• (5) Specifying the circumstances in which persons or descriptions of persons may be deemed—

• (a) to have control over activities the carrying on of which is authorised by grant of a permit or by registration (including complying with any conditions or requirements of the permit or registration),

• (b) to be carrying on a regulated activity for the purposes of notices that may be served by regulators under paragraph 18,

• (c) to be authorised to carry on a regulated activity without having applied for a permit or registration, or having given notification, in respect of that activity.

• (6) Enabling the granting of a permit to, or registration of the carrying on of regulated activities by, more than one person.

• (7) Enabling permits and registrations—

• (a) to be varied, transferred, surrendered, suspended or revoked wholly or in part,

• (b) to be varied, suspended or revoked as mentioned in paragraph (a) in consequence of the person to whom the permit was granted or (as the case may be) who is authorised to carry on the regulated activities to which the registration relates ceasing to be a fit and proper person within the meaning of the regulations,

• (c) to be consolidated.

• (8) Providing for the transfer of a permit or registration to be refused if the person to whom it is proposed to be transferred is not a fit and proper person within the meaning of the regulations.

Notification of regulated activities

12

• (1) Prescribing the form and content of notifications and otherwise regulating the procedure for notifying the carrying on or proposed carrying on of regulated activities.

• (2) Specifying restrictions or other requirements in connection with notifications, including—

• (a) the subsistence of a notification,

• (b) the subsistence of an authorisation to carry on a regulated activity in respect of which the notification is given.

Charging schemes

13

• (1) Authorising, or authorising regulators to make, vary and revoke schemes for the charging by regulators of fees or other charges—

• (a) in respect of, or in respect of applications for—

• (i) the grant of a permit,

• (ii) the variation of a permit or the conditions to which it is subject,

• (iii) the transfer, surrender or revocation of a permit,

• (iv) registration,

• (v) the variation, transfer, surrender or revocation of registration,

• (b) in respect of the subsistence of a permit or registration,

• (c) in respect of consolidation of permits and registrations,

• (d) in respect of notifications,

• (e) in respect of other specified matters.

• (2) Regulating the procedure for making, varying and revoking such schemes.

Information, publicity and consultation

14

Enabling persons of any specified description (whether or not they are holders of permits or carrying on activities that are subject to registration, a requirement of notification or general binding rules) to be required—

• (a) to provide such information in such manner as is specified in the regulations,

• (b) to compile information—

• (i) on emissions,

• (ii) on energy consumption and on the efficiency with which energy is used,

• (iii) on waste and on the origins and destinations of waste.

15

Securing that—

• (a) publicity is given to specified matters,

• (b) regulators maintain registers of specified matters (but excepting information which under the regulations is, or is determined to be, commercially confidential and subject to any other exceptions specified in the regulations) which are open to public inspection,

• (c) regulators publish, in a manner specified in the regulations, such registers,

• (d) copies of entries in such registers, or of specified documents, may be obtained by members of the public.

16

Requiring or authorising regulators to carry out consultation in connection with the exercise of any of their functions (including consultation on any guidance they propose to issue in connection with the exercise of those functions), and providing for them to take into account representations made to them on consultation.

Enforcement and offences

17

• (1) Conferring functions on regulators with respect to compliance with, and enforcement of, the regulations.

• (2) Conferring power on regulators—

• (a) to arrange for preventive or remedial action to be taken at the expense of persons carrying on regulated activities,

• (b) to require such persons to provide such financial security as the regulators making the arrangements consider appropriate pending the taking of the preventative or remedial action.

• (3) Authorising regulators to appoint suitable persons to exercise the functions mentioned in sub-paragraph (1) and the powers in sub-paragraph (2); and conferring powers (such as those specified in section 108(4) of the Environment Act 1995 (powers of entry, etc.)) on persons so appointed.

• (4) Regulating the procedure under which regulators may make arrangements, or impose requirements, such as are mentioned in sub-paragraph (2).

18

• (1) Authorising regulators to serve on any persons carrying on regulated activities (whether or not the carrying on of those activities is authorised by or under the regulations) notices, including notices requiring such persons—

• (a) to notify the regulated activities being carried on by them,

• (b) to take preventative or remedial action at their own expense, including such action in respect of contraventions (actual or potential) of authorisations, or conditions of authorisations, relating to the regulated activities,

• (c) to provide such financial security as the regulators serving the notices consider appropriate pending the taking of preventative or remedial action required by virtue of paragraph (b),

• (d) to take steps to remove imminent risks of serious adverse impacts on the environment (whether or not arising from any contraventions such as are mentioned in paragraph (b)),

• (e) to stop the carrying on of regulated activities (whether or not the notice also requires the person to take such preventative or remedial action as may be specified in the notice).

• (2) Authorising regulators, where such notices are not complied with by persons on whom they are served—

• (a) to take, or arrange for the taking of, preventative or remedial action at the expense of those persons,

• (b) to impose monetary penalties on those persons.

• (3) Authorising regulators who serve such notices to require the persons on whom the notice is served to pay the cost incurred by the regulators in relation to the service of the notice up to the time of its service.

• (4) Providing for the enforcement of such notices by civil proceedings.

• (5) Specifying a procedure under which monetary penalties such as are mentioned in sub-paragraph (2)(b) may be imposed.

• (6) Authorising regulators, where they are required by virtue of such a procedure to serve a notice, to require the person on whom the notice is served to pay the costs incurred by the regulators in relation to the service of the notice up to the time of its service.

• (7) Providing for the enforcement of such notices by civil proceedings.

19

Creating offences and dealing with matters relating to such offences, including—

• (a) the provision of defences, and

• (b) evidentiary matters.

20

Enabling, where a person has been convicted of an offence under the regulations, a court dealing with that person for the offence to order the taking of remedial action (in addition to or instead of imposing any punishment).

Appeals

21

• (1) Conferring rights of appeal in respect of decisions made, notices served or other things done (or omitted to be done) under the regulations.

• (2) Making provision for (or for the determination of) matters relating to the making, considering and determination of such appeals (including provision for or in connection with the holding of inquiries or hearings).

General

22

• (1) Making provision which, subject to any modifications that the Scottish Ministers consider appropriate, corresponds or is similar to—

• (a) any provision made by or under, or capable of being made under, Part 2 of the Environmental Protection Act 1990, or

• (b) any provision (not being a provision within any of paragraphs 1 to 21 or paragraph (a)) that might be made by an Act of the Scottish Parliament in connection with the relevant EU instruments, other than provision—

• (i) imposing or increasing taxation,

• (ii) taking effect from a date earlier than that of the making of the instrument containing the provision,

• (iii) conferring any power to legislate by means of order, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal.

• (2) In sub-paragraph (1)(b) “the relevant EU instruments” means—

• (a) Council Directive 91/271/EEC concerning urban waste water treatment,

• (b) Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources,

• (c) European Parliament and Council Directive 94/62/EC on packaging and packaging waste,

• (d) Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT),

• (e) Council Directive 1999/31/EC on the landfill of waste,

• (f) Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles,

• (g) Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy,

• (h) Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise,

• (i) Directive 2006/7/EC of the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive 76/160/EEC,

• (j) Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC,

• (k) Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration,

• (l) Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe,

• (m) Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives,

• (n) Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council,

• (o) Commission Directive 2009/90/EC laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status,

• (p) Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations,

• (q) Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control),

• (r) Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products,

• (s) Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals,

• (t) Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE),

• (u) Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom,

• (v) Directive (EU) 2015/2193 of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants,

• (w) Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008,

• (x) Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment,

• (y) Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants.

• (3) In sub-paragraph (1)(b)(iii), the reference to provision conferring any power to legislate does not include provision—

• (a) amending or extending a power to legislate conferred other than under this paragraph,

• (b) giving directions as to matters of administration.

• (4) Making provision about the application of the regulations to the Crown.

PART 2 — SUPPLEMENTARY PROVISIONS

Particular types of regulated activity

23

The regulations may provide for specified provisions of the regulations to have effect in relation only to—

• (a) specified regulated activities,

• (b) the carrying on of regulated activities in specified circumstances, or

• (c) the carrying on of regulated activities by specified persons or descriptions of persons.

Emissions trading scheme

24

• (1) The regulations may authorise the inclusion in a trading scheme of—

• (a) provision for penalties in respect of contraventions of provisions of the scheme,

• (b) provision for the amount of any penalty under the scheme to be such as may be set out in, or calculated in accordance with—

• (i) the scheme, or

• (ii) the regulations (including regulations made after the scheme).

• (2) In this paragraph, “trading scheme” means a scheme of the kind mentioned in paragraph 2(3).

General binding rules

25

• (1) General binding rules may—

• (a) impose conditions or requirements,

• (b) prescribe standards or objectives to be complied with or achieved, and

• (c) require standards or objectives specified in or under other enactments to be complied with or achieved.

• (2) Before determining any general binding rules in accordance with a procedure specified under paragraph 4(5), a regulator must—

• (a) publish a draft of the proposed rules,

• (b) publicise the opportunity to make representations about the proposed rules under sub-paragraph (3) in such manner as the regulator thinks fit,

• (c) make copies of the proposed rules available for public inspection for such period, which must be at least 28 days, as the regulator may determine.

• (3) Any person who wishes to make representation about the proposed rules to the regulator may do so within the period determined under sub-paragraph (2)(c).

• (4) The regulator must, in determining the rules, have regard to any representations on the proposed rules received by the regulator within that period.

Determination of matters by regulators

26

The regulations may make provision for anything which, by virtue of paragraphs 5 to 12, could be provided for by the regulations to be determined under the regulations by regulators.

Determination of rules and imposition of conditions

27

The regulations may provide—

• (a) for regulators to have regard to any specified general principles, and to any directions or guidance given under the regulations—

• (i) in determining any general binding rules,

• (ii) in imposing any conditions as mentioned in paragraph 6(2) or 10(3),

• (iii) in setting any standard rules they may make by virtue of paragraph 11(2),

• (b) for such guidance to include the sanctioning of reliance by a regulator on any arrangements referred to in the guidance to operate to secure a particular result as an alternative to imposing any such conditions,

• (c) for such conditions to be imposed by reference to agreements between or among persons authorised to carry on regulated activities as to the carrying on by them of the activities.

Charging schemes

28

The regulations may—

• (a) require any such scheme as is mentioned in paragraph 9 or 13 to be so framed that the fees and charges payable under the scheme—

• (i) are determined in the light of any specified general principles and any directions or guidance given under the regulations,

• (ii) are sufficient, taking one year with another, to cover such expenditure (whether or not incurred by the regulator to whom they are so payable) as is specified,

• (b) authorise any such scheme to make different provision for different cases (and specify particular kinds of such cases).

Fit and proper persons

29

The regulations may make provision that the conditions subject to which a registration or permit has effect include a condition that the person authorised to carry on the regulated activities to which the registration relates, or to whom the permit is granted, must remain a fit and proper person within the meaning of the regulations.

Power to specify EU instruments for the purposes of paragraph 22

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences

31

• (1) The regulations may provide for any such offence as is mentioned in paragraph 19 to be triable—

• (a) only summarily,

• (b) either summarily or on indictment.

• (2) The regulations may provide for such an offence to be punishable—

• (a) on summary conviction by—

• (i) imprisonment for a term not exceeding such period as is specified (which must not exceed 12 months),

• (ii) a fine not exceeding such amount as is specified (which must not exceed £40,000), or

• (iii) both,

• (b) on conviction on indictment by—

• (i) imprisonment for a term not exceeding such period as is specified (which must not exceed 5 years),

• (ii) a fine, or

• (iii) both.

• (3) The regulations may provide for continuing offences and for any such offences to be punishable by a daily or other periodic fine of such amount as is specified (in addition to any punishment provided for in pursuance of sub-paragraph (2)).

• (4) The Scottish Ministers may by order substitute for the sum for the time being specified in sub-paragraph (2)(a)(ii) such other sum as appears to them to be justified by a change in the value of money appearing to them to have taken place since the last occasion on which the sum was fixed.

• (5) An order under sub-paragraph (4) is not to affect the punishment for an offence committed before that order comes into force.

Service of notices

32

The regulations may make provision for or in connection with the service of any notice or other document required under the regulations to be served on or given to any person.

Powers exercisable in the regulations

33

The regulations may—

• (a) modify any enactment, instrument or document,

• (b) in making different provision for different purposes, make different provision for different cases, persons, circumstances or areas,

• (c) contain provision for the delegation of functions,

• (d) impose requirements in relation to any standards or other matters set out in such documents as may be specified in the regulations.

Interpretation

34

In this schedule—

• “authorise”, in relation to regulated activities, means authorise the carrying on of the activities in accordance with a permit, subject to registration, subject to notification or subject to compliance with general binding rules; and related expressions are to be construed accordingly,

• “functions” includes powers and duties,

• “general binding rules” means rules specified in or made under the regulations in pursuance of paragraph 4(3)(d),

• “notification” means notification of the carrying on of, or of a proposal to carry on, a regulated activity in accordance with any provision made in the regulations in pursuance of paragraph 4(3)(c),

• “permit” means a permit granted under any provision made in the regulations in pursuance of paragraph 4(3)(a),

• “registration” means registration under any provision made in the regulations in pursuance of paragraph 4(3)(b),

• “the regulations” means regulations under section 18,

• “regulated activities” has the meaning given in section 17(3),

• “regulators” has the meaning given in paragraph 3(1),

• “specified” means specified in the regulations.

SCHEDULE 3

PART 1 — REGULATION OF ENVIRONMENTAL ACTIVITIES ETC.

Sewerage (Scotland) Act 1968

1

• (1) The Sewerage (Scotland) Act 1968 is amended as follows.

• (2) In section 29A (priority substances etc.), in subsection (3)—

• (a) the word “or” immediately following paragraph (a) is repealed, and

• (b) for paragraph (b) substitute—

(b) regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014, or (c) any directive concerning the same subject-matter as the directive mentioned in subsection (1).

.

• (3) In section 38H (Controlled Activities Regulations), for subsection (3)(b) substitute—

(b) regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014.

.

Prevention of Oil Pollution Act 1971

2

In section 11A of the Prevention of Oil Pollution Act 1971 (certain provisions not to apply where discharge or escape authorised under certain enactments), in subsection (1), after “1999” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

Environmental Protection Act 1990

3

• (1) The Environmental Protection Act 1990 is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 46 (receptacles for household waste), in subsection (4)—

• (a) the word “and” immediately following paragraph (d) is repealed,

• (b) after paragraph (e) add—

(f) the removal of the receptacles placed for the purpose of facilitating the emptying of them; and (g) the time when the receptacles must be placed for that purpose and removed.

.

• (4) In section 47 (receptacles for commercial or industrial waste), in subsection (4)—

• (a) the word “and” immediately following paragraph (d) is repealed,

• (b) after paragraph (e) add—

(f) the removal of the receptacles placed for the purpose of facilitating the emptying of them; and (g) the time when the receptacles must be placed for that purpose and removed.

.

• (5) In section 79 (statutory nuisances and inspections therefor), in subsection (10), after “1999” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

Clean Air Act 1993

4

• (1) The Clean Air Act 1993 is amended as follows.

• (2) In section 31 (regulations about sulphur content of oil fuel for furnaces or engines), in subsection (4)—

• (a) in paragraph (a)—

• (i) the word “or” immediately following sub-paragraph (i) is repealed,

• (ii) after sub-paragraph (ii) insert

; or (iii) part of an activity subject to regulation by the Scottish Environment Protection Agency under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014;

,

• (b) in paragraph (b), after “sub-paragraph (ii)” insert “ or (iii) ”.

• (3) In section 33 (cable burning), in subsection (1), after “1999” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

• (4) In section 35 (obtaining information), in subsection (3), after “1999” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

• (5) In section 36 (notices requiring information about air pollution), in subsection (2A) after “1999” insert “ or to an activity subject to regulation by the Scottish Environment Protection Agency under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

• (6) In section 41A (relation to Pollution Prevention and Control Act 1999)—

• (a) in subsection (1), after “activities)” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”,

• (b) in subsection (2)—

• (i) in paragraph (a), after “permit” insert “ or authorisation ”,

• (ii) in paragraph (b), after “permit” insert “ or authorisation ”,

• (c) in subsection (3)—