LegalizeReform history
Regulatory Reform (Scotland) Act 2014
9 versions
· 2014-02-19
2025-11-01
Regulatory Reform (Scotland) Act 2014
2025-08-01
Regulatory Reform (Scotland) Act 2014
2020-12-31
Regulatory Reform (Scotland) Act 2014
2018-09-01
Regulatory Reform (Scotland) Act 2014
2015-10-01
Regulatory Reform (Scotland) Act 2014
2015-04-01
Regulatory Reform (Scotland) Act 2014
2015-02-26
Regulatory Reform (Scotland) Act 2014
2014-06-30
Regulatory Reform (Scotland) Act 2014
Changes on 2014-06-30
@@ -28,7 +28,7 @@
- (c) such other persons or bodies as the Scottish Ministers consider appropriate.
- (4) For the purposes of subsection (1), “consistency” includesconsistency—
- (4) For the purposes of subsection (1), “*consistency*” includesconsistency—
- (a) in the way in which particular regulators, their employees or their agents impose, set, secure compliance with or enforce a regulatory requirement,
@@ -36,13 +36,13 @@
- (5) In this Part—
- “regulator” means a person, body or office-holder listed, or of a description listed, in schedule 1,
- “regulatory functions” means— functions conferred by or under any enactment of— imposing requirements, restrictions or conditions in relation to an activity, setting standards or outcomes in relation to an activity, or giving guidance in relation to an activity, or functions which relate to the securing of compliance with, or enforcement of, requirements, restrictions, conditions, standards, outcomes or guidance which by or under any enactment relate to an activity, but does not include any such functions exercisable by a planning authority,
- “regulatory requirement” means a requirement, restriction, condition, standard or outcome (whether contained in guidance or otherwise)— which is to be complied with, met, attained or achieved by a person, body or office-holder whether by or under an enactment (including this Act) or otherwise, and in respect of which a regulator has regulatory functions.
- (6) In the definition of “regulatory functions” in subsection (5), “activity” includes—
- “*regulator*” means a person, body or office-holder listed, or of a description listed, in schedule 1,
- “*regulatory functions*” means—functions conferred by or under any enactment of—imposing requirements, restrictions or conditions in relation to an activity,setting standards or outcomes in relation to an activity, orgiving guidance in relation to an activity, orfunctions which relate to the securing of compliance with, or enforcement of, requirements, restrictions, conditions, standards, outcomes or guidance which by or under any enactment relate to an activity,but does not include any such functions exercisable by a planning authority,
- “*regulatory requirement*” means a requirement, restriction, condition, standard or outcome (whether contained in guidance or otherwise)—which is to be complied with, met, attained or achieved by a person, body or office-holder whether by or under an enactment (including this Act) or otherwise, andin respect of which a regulator has regulatory functions.
- (6) In the definition of “regulatory functions” in subsection (5), “*activity*” includes—
- (a) providing goods and services, and
@@ -52,7 +52,7 @@
##### 2
- (1) Regulations under section 1 (“the regulations”) may include provision requiring a regulator—
- (1) Regulations under section 1 (“*the regulations*”) may include provision requiring a regulator—
- (a) to secure compliance with or enforce an existing regulatory requirement,
@@ -252,19 +252,19 @@
- (b) each of those authorities has the same relevant function in relation to that activity.
- (2) In this Part (other than section 12), “the regulated person” means the person referred to in subsection (1)(a).
- (2) In this Part (other than section 12), “*the regulated person*” means the person referred to in subsection (1)(a).
#### Meaning of “relevant function”
##### 9
- (1) In this Part, “relevant function”, in relation to a local authority, means a regulatory function—
- (1) In this Part, “*relevant function*”, in relation to a local authority, means a regulatory function—
- (a) exercised by that authority, and
- (b) specified for the purposes of this Part by order made by the Scottish Ministers.
- (2) In subsection (1), “regulatory function” has the same meaning as in section 1(5).
- (2) In subsection (1), “*regulatory function*” has the same meaning as in section 1(5).
#### Nomination of primary authorities
@@ -332,7 +332,7 @@
- (e) requiring an enforcing authority to notify the primary authority, as soon as reasonably practicable, of any enforcement action it takes against a regulated person in circumstances prescribed under paragraph (d).
- (3) In subsection (2), “enforcement action” means any action—
- (3) In subsection (2), “*enforcement action*” means any action—
- (a) which relates to securing compliance with or enforcement of any requirement, restriction, condition, standard, outcome or guidance in the event of breach (or putative breach) of the requirement, restriction, condition, standard, outcome or (as the case may be) guidance,
@@ -420,7 +420,7 @@
- (b) implementing EU obligations, and international obligations, relating to protecting and improving the environment.
- (2) In subsection (1), “international obligations” means any international obligations of the United Kingdom other than obligations to observe and implement EU obligations.
- (2) In subsection (1), “*international obligations*” means any international obligations of the United Kingdom other than obligations to observe and implement EU obligations.
#### Meaning of expressions used in section 16 and schedule 2
@@ -428,17 +428,17 @@
- (1) Expressions used in section 16 have the following meanings for the purposes of this Chapter—
- “environmental activities” means— activities that are capable of causing, or liable to cause, environmental harm, and activities connected with such activities,
- “protecting and improving the environment” includes, in particular— preventing deterioration (or further deterioration) of, and protecting and enhancing, the status of ecosystems, and promoting the sustainable use of natural resources based on the long-term protection of available natural resources.
- “*environmental activities*” means—activities that are capable of causing, or liable to cause, environmental harm, andactivities connected with such activities,
- “*protecting and improving the environment*” includes, in particular—preventing deterioration (or further deterioration) of, and protecting and enhancing, the status of ecosystems, andpromoting the sustainable use of natural resources based on the long-term protection of available natural resources.
- (2) In subsection (1)—
- “activities” means activities of any nature whether industrial, commercial or otherwise and whether carried on in particular premises or otherwise; and includes (with or without other activities) the production, treatment, keeping, depositing or disposal of any substance,
- “environmental harm” means— harm to the health of human beings or other living organisms, harm to the quality of the environment, including— harm to the quality of the environment taken as a whole, harm to the quality of air, water or land, and other impairment of, or interference with, ecosystems, offence to the senses of human beings, damage to property, or impairment of, or interference with, amenities or other legitimate uses of the environment.
- (3) In schedule 2 (introduced by section 18), “regulated activities” means any environmental activities in respect of which regulations under that section make provision.
- “*activities*” means activities of any nature whether industrial, commercial or otherwise and whether carried on in particular premises or otherwise; and includes (with or without other activities) the production, treatment, keeping, depositing or disposal of any substance,
- “*environmental harm*” means—harm to the health of human beings or other living organisms,harm to the quality of the environment, including—harm to the quality of the environment taken as a whole,harm to the quality of air, water or land, andother impairment of, or interference with, ecosystems,offence to the senses of human beings,damage to property, orimpairment of, or interference with, amenities or other legitimate uses of the environment.
- (3) In schedule 2 (introduced by section 18), “*regulated activities*” means any environmental activities in respect of which regulations under that section make provision.
#### Regulations relating to protecting and improving the environment
@@ -462,9 +462,9 @@
- (2) Consultation undertaken before the coming into force of this section is as effective compliance with subsection (1) as if undertaken after its coming into force.
- (3) In subsection (1), “regulator” is to be construed in accordance with paragraph 3(1) of schedule 2.
### CHAPTER 2 — SEPA’S POWERS OF ENFORCEMENT
- (3) In subsection (1), “*regulator*” is to be construed in accordance with paragraph 3(1) of schedule 2.
### CHAPTER 2 — SEPA'S POWERS OF ENFORCEMENT
### Fixed monetary penalties
@@ -486,7 +486,7 @@
- (4) The maximum amount of such penalty that may be so specified in relation to a particular offence is an amount equivalent to level 4 on the standard scale.
- (5) In this section, “the standard scale” has the meaning given by section 225(1) of the Criminal Procedure (Scotland) Act 1995.
- (5) In this section, “*the standard scale*” has the meaning given by section 225(1) of the Criminal Procedure (Scotland) Act 1995.
#### Fixed monetary penalties: procedure
@@ -512,7 +512,7 @@
- (f) the person on whom a fixed monetary penalty is imposed may appeal against the decision to impose it.
- (3) The optional result is that the notice of intent also offers the person the opportunity to discharge the person’s liability for the fixed monetary penalty by payment of a sum specified in the notice of intent (which sum must be less than or equal to the amount of the penalty).
- (3) The optional result is that the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a sum specified in the notice of intent (which sum must be less than or equal to the amount of the penalty).
- (4) To comply with this subsection the notice of intent must include information as to—
@@ -942,7 +942,7 @@
- (2) SEPA must comply with such guidance or revised guidance in exercising those functions.
- (3) In this section, an “enforcement measure” means a fixed monetary penalty, variable monetary penalty or enforcement undertaking (and any references in this Chapter to the imposition of an enforcement measure include acceptance of an enforcement undertaking).
- (3) In this section, an “*enforcement measure*” means a fixed monetary penalty, variable monetary penalty or enforcement undertaking (and any references in this Chapter to the imposition of an enforcement measure include acceptance of an enforcement undertaking).
- (4) Where power is conferred on SEPA by virtue of this Chapter to impose an enforcement measure in relation to an offence, the provision conferring the power must secure the results in subsection (5).
@@ -958,7 +958,7 @@
- (iv) the circumstances in which SEPA is likely to take any such action,
- (v) SEPA’s use of the enforcement measure,
- (v) SEPA's use of the enforcement measure,
- (b) in the case of guidance relating to a fixed monetary penalty or variable monetary penalty, the guidance must contain the relevant information, and
@@ -1020,17 +1020,17 @@
In this Chapter—
- “early payment discounts” means early payment discounts included in an order under this Chapter by virtue of section 29(1);
- “enforcement undertaking” has the meaning given in section 27;
- “fixed monetary penalty” has the meaning given in section 20;
- “late payment penalties” means a requirement to pay interest or other financial penalties for late payment of a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty included in an order under this Chapter by virtue of section 29(1);
- “non-compliance penalty” has the meaning given in section 26(1);
- “variable monetary penalty” has the meaning given in section 23.
- “*early payment discounts*” means early payment discounts included in an order under this Chapter by virtue of section 29(1);
- “*enforcement undertaking*” has the meaning given in section 27;
- “*fixed monetary penalty*” has the meaning given in section 20;
- “*late payment penalties*” means a requirement to pay interest or other financial penalties for late payment of a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty included in an order under this Chapter by virtue of section 29(1);
- “*non-compliance penalty*” has the meaning given in section 26(1);
- “*variable monetary penalty*” has the meaning given in section 23.
### CHAPTER 3 — COURT POWERS
@@ -1064,11 +1064,11 @@
- (6) In this section—
- “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995,
- “relevant person” means— SEPA, a local authority, or an owner or occupier of land— to which the harm, loss or damage mentioned in subsection (2) was caused, or on which there was an adverse impact as mentioned in that subsection,
- “owner”, in relation to any land in Scotland, means a person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive or who would, if the land were let, be entitled to receive the rents of the land, and includes a trustee, factor, guardian or curator; and in the case of public or municipal land includes the persons to whom the management of the land is entrusted.
- “*the 1995 Act*” means the Criminal Procedure (Scotland) Act 1995,
- “*relevant person*” means—SEPA,a local authority, oran owner or occupier of land—to which the harm, loss or damage mentioned in subsection (2) was caused, oron which there was an adverse impact as mentioned in that subsection,
- “*owner*”, in relation to any land in Scotland, means a person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive or who would, if the land were let, be entitled to receive the rents of the land, and includes a trustee, factor, guardian or curator; and in the case of public or municipal land includes the persons to whom the management of the land is entrusted.
### Fines
@@ -1116,7 +1116,7 @@
- (b) may require the convicted person to supply SEPA, within a specified period, with evidence that that requirement has been complied with.
- (7) In subsections (2) and (6), “specified”, in relation to a publicity order, means specified in the order.
- (7) In subsections (2) and (6), “*specified*”, in relation to a publicity order, means specified in the order.
- (8) A person who fails to comply with a publicity order commits an offence.
@@ -1140,9 +1140,9 @@
- (3) In this section—
- “a relevant organisation” means— a company, a limited liability partnership, a partnership (other than a limited liability partnership), or another body or association,
- “a responsible official” means— in the case of a company, a director, secretary, manager or similar officer of the company, in the case of a limited liability partnership, a member of the partnership, in the case of a partnership (other than a limited liability partnership), a partner of the partnership, or in the case of another body or association, a person who is concerned in the management or control of its affairs, and in each case includes a person purporting to act in a capacity mentioned in any of paragraphs (a) to (d) of this definition.
- “*a relevant organisation*” means—a company,a limited liability partnership,a partnership (other than a limited liability partnership), oranother body or association,
- “*a responsible official*” means—in the case of a company, a director, secretary, manager or similar officer of the company,in the case of a limited liability partnership, a member of the partnership,in the case of a partnership (other than a limited liability partnership), a partner of the partnership, orin the case of another body or association, a person who is concerned in the management or control of its affairs,and in each case includes a person purporting to act in a capacity mentioned in any of paragraphs (a) to (d) of this definition.
### CHAPTER 4 — MISCELLANEOUS
@@ -1260,7 +1260,7 @@
- (iii) both.
- (8) In this section, “environmental harm” has the same meaning as in section 17(2).
- (8) In this section, “*environmental harm*” has the same meaning as in section 17(2).
- (9) For the purposes of this section, environmental harm is “significant” if—
@@ -1332,9 +1332,9 @@
- (3) In this section—
- “a relevant organisation” means— a company, a limited liability partnership, a partnership (other than a limited liability partnership), or another body or association,
- “a responsible official” means— in the case of a company, a director, secretary, manager or similar officer of the company, in the case of a limited liability partnership, a member of the partnership, in the case of a partnership (other than a limited liability partnership), a partner of the partnership, or in the case of another body or association, a person who is concerned in the management or control of its affairs, and in each case includes a person purporting to act in a capacity mentioned in any of paragraphs (a) to (d) of this definition.
- “*a relevant organisation*” means—a company,a limited liability partnership,a partnership (other than a limited liability partnership), oranother body or association,
- “*a responsible official*” means—in the case of a company, a director, secretary, manager or similar officer of the company,in the case of a limited liability partnership, a member of the partnership,in the case of a partnership (other than a limited liability partnership), a partner of the partnership, orin the case of another body or association, a person who is concerned in the management or control of its affairs,and in each case includes a person purporting to act in a capacity mentioned in any of paragraphs (a) to (d) of this definition.
### Offences relating to supply of carrier bags: fixed penalty notices
@@ -1348,7 +1348,7 @@
> (88A)
> (1) A person authorised for the purpose of this section by an enforcement authority may give a person a fixed penalty notice if the person so authorised has reason to believe that the person to whom the notice is given has committed a relevant offence.
> (2) In subsection (1), “relevant offence” means an offence provided for in regulations made under section 88.
> (2) In subsection (1), “*relevant offence*” means an offence provided for in regulations made under section 88.
> (3) The Scottish Ministers may by regulations make further provision about fixed penalty notices under subsection (1).
> (4) Subject to section 89, the regulations may in particular include provision about—
> (a) the enforcement authority in relation to the regulations; and
@@ -1361,11 +1361,11 @@
> **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).
> - “*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—
@@ -1395,7 +1395,7 @@
> (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) 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
@@ -1438,7 +1438,7 @@
- (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)—
- (2) In section 108 (Lord Advocate's rights of appeal against disposal)—
- (a) in subsection (1), after paragraph (ca) insert—
@@ -1447,7 +1447,7 @@
,
- (b) in subsection (2)(b)(ii), for the words “or (ca)” substitute “, (ca), (cb) or (cc)”.
- (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)—
@@ -1458,7 +1458,7 @@
,
- (b) in subsection (4A)(b)(ii), for “or (ca)” substitute “, (ca), (cb) or (cc)”.
- (b) in subsection (4A)(b)(ii), for “or (ca)” substitute “ , (ca), (cb) or (cc) ”.
### Contaminated land and special sites
@@ -1533,17 +1533,17 @@
> (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.
> (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.
.
- (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.
.
- (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,”.
> (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.
.
- (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
@@ -1593,7 +1593,7 @@
- (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;
> (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;
,
@@ -1605,7 +1605,7 @@
,
- (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,”,
- (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,
@@ -1633,7 +1633,7 @@
- (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;
> “*document*” includes any thing in which information of any description is recorded (by any means) and any part of such a thing;
,
@@ -1656,7 +1656,7 @@
> (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.
> (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;
@@ -1689,7 +1689,7 @@
- (b) in paragraph 3—
- (i) after “shall” insert “, if so required,”,
- (i) after “shall” insert “ , if so required, ”,
- (ii) the words “designation and other” are repealed.
@@ -1728,7 +1728,7 @@
,
- (iii) in sub-paragraph (ii), for the word “for” substitute “of”.
- (iii) in sub-paragraph (ii), for the word “for” substitute “ of ”.
#### Waste management licences: offences by partnerships
@@ -1763,7 +1763,7 @@
,
- (iii) in sub-paragraph (ii), for the word “for” substitute “of”.
- (iii) in sub-paragraph (ii), for the word “for” substitute “ of ”.
### Air quality assessments
@@ -1775,7 +1775,7 @@
- (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”.
- (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
@@ -1789,7 +1789,7 @@
- (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.
> (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.
@@ -1797,11 +1797,11 @@
,
- (b) in subsection (6), for “In” substitute “Except as provided in subsection (5A), in”.
- (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”.
- (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—
@@ -1816,7 +1816,7 @@
- (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”.
- (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
@@ -1831,7 +1831,7 @@
> (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.
> (3) In subsection (1), “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
@@ -1849,9 +1849,9 @@
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.
- “*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
@@ -1877,7 +1877,7 @@
> (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
> (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—
@@ -1886,8 +1886,8 @@
> (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.
> - “*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—
@@ -1899,7 +1899,7 @@
.
### Planning authorities’ functions: charges and fees
### Planning authorities' functions: charges and fees
#### Planning authorities’ functions: charges and fees
@@ -1922,19 +1922,19 @@
- (c) subsections (5) and (6) are repealed.
### Street traders’ licences
### 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)—
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)”,
- (i) for “the food ” substitute “ a food ”,
- (ii) after “1990)” insert “ mentioned in subsection (4A) ”,
- (b) after subsection (4) insert—
@@ -1942,7 +1942,7 @@
> (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.
> (ii) another licensing authority to which an application for a street trader's licence in respect of the activity is or has been made.
.
@@ -2414,7 +2414,7 @@
- (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).
- (2) In this paragraph, “*trading scheme*” means a scheme of the kind mentioned in paragraph 2(3).
#### General binding rules
@@ -2550,25 +2550,25 @@
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.
- “*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
@@ -2601,7 +2601,7 @@
##### 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”.
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
@@ -2609,7 +2609,7 @@
- (1) The Environmental Protection Act 1990 is amended as follows.
- (2) In section 35 (waste management licences: general), in subsection (11A), after “1999” insert “or by an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014”.
- (2) In section 35 (waste management licences: general), in subsection (11A), after “1999” insert “ or by an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014 ”.
- (3) In section 46 (receptacles for household waste), in subsection (4)—
@@ -2633,7 +2633,7 @@
.
- (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”.
- (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
@@ -2654,23 +2654,23 @@
,
- (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”.
- (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”,
- (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”,
- (i) in paragraph (a), after “permit” insert “ or authorisation ”,
- (ii) in paragraph (b), after “permit” insert “ or authorisation ”,
- (c) in subsection (3)—
@@ -2679,11 +2679,11 @@
- (ii) after that paragraph insert
> ; and
> (b) “authorisation” means an authorisation under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014, and the reference to an appeal is to an appeal under those regulations.
.
- (7) In the title to section 41A, after “1999” insert “and Regulatory Reform (Scotland) Act 2014”.
> (b) “*authorisation*” means an authorisation under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014, and the reference to an appeal is to an appeal under those regulations.
.
- (7) In the title to section 41A, after “1999” insert “ and Regulatory Reform (Scotland) Act 2014 ”.
#### Environment Act 1995
@@ -2691,21 +2691,21 @@
- (1) The Environment Act 1995 is amended as follows.
- (2) In section 56 (interpretation of Part 1), in the definition of “environmental licence” in relation to SEPA, after paragraph (aa) insert—
> (ab) an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014,
.
- (3) In section 108 (powers of enforcing authorities and persons authorised by them), in subsection (15), in paragraph (n) of the definition of “pollution control functions” in relation to SEPA, after “1999” insert “or section 18 of the Regulatory Reform (Scotland) Act 2014”.
- (4) In section 114 (power of the Scottish Ministers to delegate functions of determining, or to refer matters involved in, appeals), in subsection (2)(a)(viii), after “Scotland” insert “or under section 18 of the Regulatory Reform (Scotland) Act 2014”.
- (2) In section 56 (interpretation of Part 1), in the definition of “*environmental licence*” in relation to SEPA, after paragraph (aa) insert—
> 1. an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014,
.
- (3) In section 108 (powers of enforcing authorities and persons authorised by them), in subsection (15), in paragraph (n) of the definition of “*pollution control functions*” in relation to SEPA, after “1999” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”.
- (4) In section 114 (power of the Scottish Ministers to delegate functions of determining, or to refer matters involved in, appeals), in subsection (2)(a)(viii), after “Scotland” insert “ or under section 18 of the Regulatory Reform (Scotland) Act 2014 ”.
#### Merchant Shipping Act 1995
##### 6
In section 136A of the Merchant Shipping Act 1995 (discharges etc. authorised under other enactments), after “1999” insert “or an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014”.
In section 136A of the Merchant Shipping Act 1995 (discharges etc. authorised under other enactments), after “1999” insert “ or an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014 ”.
#### Pollution Prevention and Control Act 1999
@@ -2723,7 +2723,7 @@
- (1) The Water Environment and Water Services (Scotland) Act 2003 is amended as follows.
- (2) In section 2 (the general duties), in subsection (8), in the definition of “the relevant enactments”, after “Part” insert “, Part 3 of the Regulatory Reform (Scotland) Act 2014”.
- (2) In section 2 (the general duties), in subsection (8), in the definition of “the relevant enactments”, after “Part” insert “ , Part 3 of the Regulatory Reform (Scotland) Act 2014 ”.
- (3) Section 20 (regulation of controlled activities) is repealed.
@@ -2735,7 +2735,7 @@
- (b) after subsection (3) insert—
> (4) In subsection (2)(a), “pollution” in relation to the water environment means the direct or indirect introduction, as a result of human activity, of substances or heat into the water environment, or any part of it, which may give rise to any harm; and “harm” means—
> (4) In subsection (2)(a), “*pollution*” in relation to the water environment means the direct or indirect introduction, as a result of human activity, of substances or heat into the water environment, or any part of it, which may give rise to any harm; and “*harm*” means—
> (a) harm to the health of human beings or other living organisms,
> (b) harm to the quality of the water environment, including—
> (i) harm to the quality of the water environment taken as a whole,
@@ -2752,7 +2752,7 @@
- (b) after that subsection insert—
> (5) In subsection (4)(a), “abstraction” means the doing of anything by which any water is removed or diverted by mechanical means, pipe or any engineering structure or works from any part of the water environment, whether temporarily or permanently, including anything by which the water is so removed or diverted for the purpose of being transferred to another part of the water environment, and includes—
> (5) In subsection (4)(a), “*abstraction*” means the doing of anything by which any water is removed or diverted by mechanical means, pipe or any engineering structure or works from any part of the water environment, whether temporarily or permanently, including anything by which the water is so removed or diverted for the purpose of being transferred to another part of the water environment, and includes—
> (a) the construction or extension of any well, borehole, water intake or other work by which water may be abstracted,
> (b) the installation or modification of any machinery or apparatus by which additional quantities of water may be abstracted by means of a well, borehole, water intake or other work.
@@ -2766,7 +2766,7 @@
- (b) in subsection (4), paragraph (b) and the “or” immediately preceding it are repealed.
- (9) In schedule 1 (matters to be included in river basin management plans), in paragraph 10(b), for the words “schedule 2” substitute “paragraph 3(1) of schedule 2 to the Regulatory Reform (Scotland) Act 2014”.
- (9) In schedule 1 (matters to be included in river basin management plans), in paragraph 10(b), for the words “schedule 2” substitute “ paragraph 3(1) of schedule 2 to the Regulatory Reform (Scotland) Act 2014 ”.
- (10) Schedule 2 (controlled activities regulations: particular purposes) is repealed.
@@ -2774,7 +2774,7 @@
##### 9
In section 25 of the Water Services etc. (Scotland) Act 2005 (sewerage nuisance: code of practice), in subsection (9), after “(c.24)” insert “or by an authorisation under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014”.
In section 25 of the Water Services etc. (Scotland) Act 2005 (sewerage nuisance: code of practice), in subsection (9), after “(c.24)” insert “ or by an authorisation under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014 ”.
#### Water Resources (Scotland) Act 2013
@@ -2782,7 +2782,7 @@
- (1) The Water Resources (Scotland) Act 2013 is amended as follows.
- (2) In section 5 (qualifying abstraction), in subsection (2), for the words from “20(3)(b)” to the end of the subsection substitute “23(5) of the 2003 Act.”.
- (2) In section 5 (qualifying abstraction), in subsection (2), for the words from “20(3)(b)” to the end of the subsection substitute “ 23(5) of the 2003 Act. ”.
- (3) In section 21 (Controlled Activities Regulations), for subsection (5)(b) substitute—
@@ -2808,7 +2808,7 @@
- (a) in subsection (1), in paragraph (a)—
- (i) for the words “officer of a local authority” substitute “person or a constable”,
- (i) for the words “officer of a local authority” substitute “ person or a constable ”,
- (ii) the words from “in” to the end of paragraph (b) are repealed,
@@ -2822,11 +2822,11 @@
,
- (d) in subsection (11), in paragraph (a), for the words from “the” where it first occurs to “committed” substitute “a proper officer”,
- (d) in subsection (11), in paragraph (a), for the words from “the” where it first occurs to “committed” substitute “ a proper officer ”,
- (e) after subsection (11) insert—
> (11A) In subsection (11) above, “proper officer” means—
> (11A) In subsection (11) above, “*proper officer*” means—
> (a) in a case where a notice under this section is given by an officer of a local authority authorised as mentioned in paragraph (a) of the definition of “authorised person” in subsection (13) below, the officer who has, as respects the authority, the responsibility mentioned in section 95 of the Local Government (Scotland) Act 1973 (financial administration);
> (b) in a case where a notice under this section is given by an officer of Loch Lomond and The Trossachs National Park Authority authorised as mentioned in paragraph (b) of that definition, the proper officer for that Authority appointed under paragraph 12(3) of schedule 2 to the National Parks (Scotland) Act 2000.
@@ -2850,7 +2850,10 @@
- (i) for the definition of “authorised officer” substitute—
> - “authorised person” means— an officer of a local authority who is authorised in writing by the authority for the purpose of issuing notices under this section in relation to a relevant offence committed in the area of the authority; an officer of Loch Lomond and The Trossachs National Park Authority who is authorised in writing by the Authority for the purpose of issuing notices under this section in relation to a relevant offence committed in the area designated as the National Park for which the Authority is established; or such other persons as may be specified by order made by the Scottish Ministers.
> “*authorised person*” means—
> (a) an officer of a local authority who is authorised in writing by the authority for the purpose of issuing notices under this section in relation to a relevant offence committed in the area of the authority;
> (b) an officer of Loch Lomond and The Trossachs National Park Authority who is authorised in writing by the Authority for the purpose of issuing notices under this section in relation to a relevant offence committed in the area designated as the National Park for which the Authority is established; or
> (c) such other persons as may be specified by order made by the Scottish Ministers.
,
@@ -2876,7 +2879,7 @@
- (a) in subsection (1), in paragraph (a)—
- (i) for the words “officer of a litter authority” substitute “person or a constable”,
- (i) for the words “officer of a litter authority” substitute “ person or a constable ”,
- (ii) the words from “in” to the end of paragraph (b) are repealed,
@@ -2897,11 +2900,11 @@
,
- (d) in subsection (8), in paragraph (a)(ii), for the words from “the” where it first occurs to “committed” substitute “a proper officer”,
- (d) in subsection (8), in paragraph (a)(ii), for the words from “the” where it first occurs to “committed” substitute “ a proper officer ”,
- (e) after subsection (8) insert—
> (8A) In subsection (8) above, “proper officer” means—
> (8A) In subsection (8) above, “*proper officer*” means—
> (a) in a case where a notice under this section is given as mentioned in paragraph (a) of subsection (5A) above, the officer who has, as respects the litter authority, the responsibility mentioned in section 95 of the Local Government (Scotland) Act 1973 (financial administration);
> (b) in a case where a notice is given as mentioned in paragraph (b) of that subsection, the proper officer for that Authorityappointed under paragraph 12(3) of schedule 2 to the National Parks (Scotland) Act 2000.
> (8B) If an authorised person proposes to give a person a notice under this section, the authorised person may require the person to give him his name and address.
@@ -2914,7 +2917,10 @@
- (i) for the definition of “authorised officer” substitute—
> - “authorised person” means— an officer of a litter authority who is authorised in writing by the authority for the purpose of issuing notices under this section in relation to an offence under section 87 above committed in the area of the authority; an officer of Loch Lomond and The Trossachs National Park Authority who is authorised in writing by the Authority for the purpose of issuing notices under this section in relation to an offence under section 87 above committed in the area designated as the National Park for which the Authority is established; or such other persons as may be specified by order made by the Scottish Ministers.
> “*authorised person*” means—
> (a) an officer of a litter authority who is authorised in writing by the authority for the purpose of issuing notices under this section in relation to an offence under section 87 above committed in the area of the authority;
> (b) an officer of Loch Lomond and The Trossachs National Park Authority who is authorised in writing by the Authority for the purpose of issuing notices under this section in relation to an offence under section 87 above committed in the area designated as the National Park for which the Authority is established; or
> (c) such other persons as may be specified by order made by the Scottish Ministers.
,
@@ -2951,7 +2957,7 @@
- (a) in subsection (4)—
- (i) for the word “any” substitute “either”,
- (i) for the word “any” substitute “ either ”,
- (ii) paragraph (a) is repealed,
@@ -2995,7 +3001,7 @@
.
- (3) In the title to section 31, after “on” insert “SEPA’s general purpose and on”.
- (3) In the title to section 31, after “on” insert “ SEPA's general purpose and on ”.
- (4) Section 32 (general environmental and recreational duties) is repealed.
@@ -3005,15 +3011,15 @@
- (b) in subsection (2)—
- (i) for “shall” substitute “may”,
- (i) for “shall” substitute “ may ”,
- (ii) in paragraph (a), the words “pollution control” are repealed,
- (iii) in paragraph (b), the words “pollution of” are repealed,
- (iv) for “such pollution” substitute “the general state of the environment”.
- (6) The title to section 33 becomes “**General duties as respects the state of the environment and effects of pollution**”.
- (iv) for “such pollution” substitute “ the general state of the environment ”.
- (6) The title to section 33 becomes “ **General duties as respects the state of the environment and effects of pollution** ”.
- (7) Section 34 (general duties with respect to water) is repealed.
@@ -3021,19 +3027,19 @@
- (9) In section 39 (general duty of the new Agencies to have regard to the costs and benefits in exercising powers)—
- (a) in subsection (1), for “Each new” substitute “The”,
- (b) in subsection (2), for “a new” substitute “the”.
- (10) In the title to section 39, for the words “new Agencies” substitute “Agency”.
- (a) in subsection (1), for “Each new” substitute “ The ”,
- (b) in subsection (2), for “a new” substitute “ the ”.
- (10) In the title to section 39, for the words “new Agencies” substitute “ Agency ”.
- (11) In section 81 (functions of the new Agencies), in subsection (2)—
- (a) the word “means” is repealed,
- (b) at the beginning of paragraph (a) insert “means”,
- (c) in paragraph (b), for the words from “the functions” to the end of the paragraph, substitute “has the same meaning as in section 108(15) below in relation to SEPA”.
- (b) at the beginning of paragraph (a) insert “ means ”,
- (c) in paragraph (b), for the words from “the functions” to the end of the paragraph, substitute “ has the same meaning as in section 108(15) below in relation to SEPA ”.
#### Water Industry (Scotland) Act 2002
@@ -3093,14 +3099,14 @@
- (v) Schedule 1A (orders designating nitrate sensitive areas: Scotland).
- (3) In section 30Y (introductory), in subsection (1) (meaning of “abandonment” in relation to a mine), in paragraph (b)—
- (3) In section 30Y (introductory), in subsection (1) (meaning of “*abandonment*” in relation to a mine), in paragraph (b)—
- (a) the word “or” immediately following sub-paragraph (i) is repealed,
- (b) after sub-paragraph (ii) insert
> or
> (iii) any disclaimer by notice signed by the Queen’s and Lord Treasurer’s Remembrancer under section 1013 of the Companies Act 2006 (Crown disclaimer of property vesting as *bona vacantia*).
> (iii) any disclaimer by notice signed by the Queen's and Lord Treasurer's Remembrancer under section 1013 of the Companies Act 2006 (Crown disclaimer of property vesting as *bona vacantia*).
.
@@ -3112,7 +3118,7 @@
- (a) in subsection (1)—
- (i) in the definition of “coastal waters”, “controlled waters”, “ground waters”, “inland waters” and “relevant territorial waters”, for the words from the beginning to “meanings” substitute ““controlled waters” has the meaning”,
- (i) in the definition of “coastal waters”, “controlled waters”, “ground waters”, “inland waters” and “relevant territorial waters”, for the words from the beginning to “meanings” substitute “ “*controlled waters*” has the meaning ”,
- (ii) the definitions of “effluent”, “micro-organism”, “operations”, “sewage effluent”, “substance” and “trade effluent” are repealed,
@@ -3130,7 +3136,7 @@
- (iv) “person responsible”,
- (b) in subsection (2), for the words “sections 62 to 67” in both places where they occur, substitute “section 62”.
- (b) in subsection (2), for the words “sections 62 to 67” in both places where they occur, substitute “ section 62 ”.
- (8) In section 74 (penalties)—
@@ -3228,7 +3234,7 @@
- (iii) paragraph 17 is repealed,
- (f) in Schedule 16 (repeals), in Part 1 (enactments relating to processes), the entry relating to [1990 c.43 (Environmental Protection Act 1990)](https://www.legislation.gov.uk/ukpga/1990/43) is repealed.
- (f) in Schedule 16 (repeals), in Part 1 (enactments relating to processes), the entry relating to 1990 c.43 (Environmental Protection Act 1990) is repealed.
#### Natural Heritage (Scotland) Act 1991
@@ -3248,13 +3254,13 @@
- (c) in paragraph (c)—
- (i) for the words “either of these Parts” substitute “Part III”,
- (ii) for the words “one of these Parts” substitute “that Part”.
- (i) for the words “either of these Parts” substitute “ Part III ”,
- (ii) for the words “one of these Parts” substitute “ that Part ”.
- (3) In subsection (9), the words “SEPA or”, in both places where they occur, are repealed.
- (4) In the title to section 24, for the words “Parts II and III” substitute “Part III”.
- (4) In the title to section 24, for the words “Parts II and III” substitute “ Part III ”.
#### Agricultural Holdings (Scotland) Act 1991
@@ -3268,14 +3274,14 @@
In the Clean Air Act 1993, in section 42 (colliery spoilbanks)—
- (a) in subsection (2), for the words “or quarry” substitute “, or the operator of a quarry,”,
- (a) in subsection (2), for the words “or quarry” substitute “ , or the operator of a quarry, ”,
- (b) in subsection (6), for the words from “mine” to the end substitute—
> - “mine” is to be construed in accordance with section 180 of the Mines and Quarries Act 1954;
> - “operator”, in relation to a quarry, has the meaning given by regulation 2(1) of the [Quarries Regulations 1999 (S.I. 1999/2024)](https://www.legislation.gov.uk/uksi/1999/2024);
> - “owner”, in relation to a mine, is to be construed in accordance with section 181(1) and (4) of the Mines and Quarries Act 1954;
> - “quarry” is to be construed in accordance with regulation 3 of the Quarries Regulations 1999.
> “*mine*” is to be construed in accordance with section 180 of the Mines and Quarries Act 1954;
> “*operator*”, in relation to a quarry, has the meaning given by regulation 2(1) of the Quarries Regulations 1999 (S.I. 1999/2024);
> “*owner*”, in relation to a mine, is to be construed in accordance with section 181(1) and (4) of the Mines and Quarries Act 1954;
> “*quarry*” is to be construed in accordance with regulation 3 of the Quarries Regulations 1999.
.
@@ -3291,7 +3297,7 @@
- (i) the words “, 30B, 30D, 41 to 42B” are repealed,
- (ii) for “(3)” substitute “(2)”.
- (ii) for “(3)” substitute “ (2) ”.
#### Local Government etc. (Scotland) Act 1994
@@ -3321,19 +3327,19 @@
- (4) In section 56 (interpretation of Part 1), in subsection (1), in the definition of “disposal authority”, paragraph (b) is repealed.
- (5) In section 91 (interpretation of Part 4), in subsection (1), in the definition of “action plan”, for “84(2)(b)” substitute “84(2)”.
- (5) In section 91 (interpretation of Part 4), in subsection (1), in the definition of “action plan”, for “84(2)(b)” substitute “ 84(2) ”.
- (6) In section 110 (offences)—
- (a) in subsection (1), after “to” insert “assault, hinder or”,
- (a) in subsection (1), after “to” insert “ assault, hinder or ”,
- (b) in subsection (4)—
- (i) in paragraph (a), after “of” where it second occurs insert “assaulting, hindering or”,
- (ii) in sub-paragraph (i) of that paragraph, after “maximum” insert “or to imprisonment for a term not exceeding 12 months, or to both”,
- (iii) in paragraph (b), for the words “level 5 on the standard scale” substitute “the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 or to imprisonment for a term not exceeding 12 months, or to both”,
- (i) in paragraph (a), after “of” where it second occurs insert “ assaulting, hindering or ”,
- (ii) in sub-paragraph (i) of that paragraph, after “maximum” insert “ or to imprisonment for a term not exceeding 12 months, or to both ”,
- (iii) in paragraph (b), for the words “level 5 on the standard scale” substitute “ the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 or to imprisonment for a term not exceeding 12 months, or to both ”,
- (c) after subsection (5) insert—
@@ -3363,7 +3369,7 @@
- (b) in paragraph 29—
- (i) in sub-paragraph (2), for the words from “section 30C(1)” to the end of that sub-paragraph, substitute “section 51”,
- (i) in sub-paragraph (2), for the words from “section 30C(1)” to the end of that sub-paragraph, substitute “ section 51 ”,
- (ii) sub-paragraphs (4)(b) to (e), (5), (6), (8), (9)(a) and (b), (10) to (15), (17) to (22), (25), (26), (29) and (30) are repealed,
@@ -3420,9 +3426,9 @@
- (b) in subsection (6)—
- (i) after “(1)”, where it first occurs, insert “, (3A)”, and
- (ii) in paragraph (b), after “subsection”, where it second occurs, insert “(3A) or”.
- (i) after “(1)”, where it first occurs, insert “ , (3A) ”, and
- (ii) in paragraph (b), after “subsection”, where it second occurs, insert “ (3A) or ”.
- (4) In Schedule 9 (certificates as to proof of certain routine matters)—
@@ -3430,16 +3436,16 @@
- (b) at the end of the table insert the following entries—
| [The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)](https://www.legislation.gov.uk/ssi/2011/209) | | |
| The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209) | | |
| --- | --- | --- |
| Regulation 44 | A person authorised to do so by the Scottish Environment Protection Agency | That the person has analysed a sample identified in the certificate (by label or otherwise) and that the sample is of a nature and composition specified in the certificate. |
| Regulations made by virtue of section 18 of the [Regulatory Reform (Scotland) Act 2014 (asp 3)](https://www.legislation.gov.uk/asp/2014/3) | A person authorised to do so by a regulator (within the meaning of paragraph 3(1) of schedule 2 to that Act) | That the person has analysed a sample identified in the certificate (by label or otherwise) and that the sample is of a nature and composition specified in the certificate. |
| Regulations made by virtue of section 18 of the [Regulatory Reform (Scotland) Act 2014 (asp 3)](https://www.legislation.gov.uk/asp/2014/3) | A person authorised to do so by a regulator (within the meaning of paragraph 3(1) of schedule 2 to that Act) | In relation to a person specified in the certificate that, on a date and in relation to an activity so specified, the person held or, as the case may be, did not hold a permit (within the meaning of paragraph 34 of schedule 2 to that Act) granted by such a regulator and, where the person held such a permit, any condition to which the permit is subject. |
| Regulations made by virtue of section 18 of the [Regulatory Reform (Scotland) Act 2014 (asp 3)](https://www.legislation.gov.uk/asp/2014/3) | A person authorised to do so by a regulator (within the meaning of paragraph 3(1) of schedule 2 to that Act) | In relation to a person specified in the certificate that, on a date and in relation to an activity so specified, the person held or, as the case may be, did not hold registration (within the meaning of paragraph 34 of schedule 2 to that Act) granted by such a regulator and, where the person held such registration— any condition to which the registration is subject; whether the registration subsisted on the date specified in the certificate. |
| Regulations made by virtue of section 18 of the [Regulatory Reform (Scotland) Act 2014 (asp 3)](https://www.legislation.gov.uk/asp/2014/3) | A person authorised to do so by a regulator (within the meaning of paragraph 3(1) of schedule 2 to that Act) | In relation to a person specified in the certificate that, on a date and in relation to an activity so specified, the person had given notification (within the meaning of paragraph 34 of schedule 2 to that Act) to such a regulator and, where the person gave such notification, whether the notification subsisted on the date specified in the certificate. |
| Regulations made by virtue of section 18 of the [Regulatory Reform (Scotland) Act 2014 (asp 3)](https://www.legislation.gov.uk/asp/2014/3) | A person authorised to do so by a regulator (within the meaning of paragraph 3(1) of schedule 2 to that Act) | In relation to a permit or registration (in each case within the meaning of paragraph 34 of schedule 2 to that Act) a description of any variation, transfer, surrender, suspension or revocation of the permit or registration. |
| Regulations made by virtue of section 18 of the [Regulatory Reform (Scotland) Act 2014 (asp 3)](https://www.legislation.gov.uk/asp/2014/3) | A person authorised to do so by a regulator (within the meaning of paragraph 3(1) of schedule 2 to that Act) | In relation to a person specified in the certificate that, on a date so specified, such regulator served on the person a notice mentioned in paragraph 18 of schedule 2 to that Act. |
| Regulations made by virtue of section 18 of the [Regulatory Reform (Scotland) Act 2014 (asp 3)](https://www.legislation.gov.uk/asp/2014/3) | A person authorised to do so by a regulator (within the meaning of paragraph 3(1) of schedule 2 to that Act) | That such a regulator has, in pursuance of paragraph 4(3)(d) of schedule 2 to that Act, made general binding rules as mentioned in that paragraph, or has, in pursuance of paragraph 11 of that schedule, made standard rules as mentioned in that paragraph; and the content of those general binding rules or standard rules. |
| Regulations made by virtue of section 18 of the Regulatory Reform (Scotland) Act 2014 (asp 3) | A person authorised to do so by a regulator (within the meaning of paragraph 3(1) of schedule 2 to that Act) | That the person has analysed a sample identified in the certificate (by label or otherwise) and that the sample is of a nature and composition specified in the certificate. |
| Regulations made by virtue of section 18 of the Regulatory Reform (Scotland) Act 2014 (asp 3) | A person authorised to do so by a regulator (within the meaning of paragraph 3(1) of schedule 2 to that Act) | In relation to a person specified in the certificate that, on a date and in relation to an activity so specified, the person held or, as the case may be, did not hold a permit (within the meaning of paragraph 34 of schedule 2 to that Act) granted by such a regulator and, where the person held such a permit, any condition to which the permit is subject. |
| Regulations made by virtue of section 18 of the Regulatory Reform (Scotland) Act 2014 (asp 3) | A person authorised to do so by a regulator (within the meaning of paragraph 3(1) of schedule 2 to that Act) | In relation to a person specified in the certificate that, on a date and in relation to an activity so specified, the person held or, as the case may be, did not hold registration (within the meaning of paragraph 34 of schedule 2 to that Act) granted by such a regulator and, where the person held such registration—any condition to which the registration is subject;whether the registration subsisted on the date specified in the certificate. |
| Regulations made by virtue of section 18 of the Regulatory Reform (Scotland) Act 2014 (asp 3) | A person authorised to do so by a regulator (within the meaning of paragraph 3(1) of schedule 2 to that Act) | In relation to a person specified in the certificate that, on a date and in relation to an activity so specified, the person had given notification (within the meaning of paragraph 34 of schedule 2 to that Act) to such a regulator and, where the person gave such notification, whether the notification subsisted on the date specified in the certificate. |
| Regulations made by virtue of section 18 of the Regulatory Reform (Scotland) Act 2014 (asp 3) | A person authorised to do so by a regulator (within the meaning of paragraph 3(1) of schedule 2 to that Act) | In relation to a permit or registration (in each case within the meaning of paragraph 34 of schedule 2 to that Act) a description of any variation, transfer, surrender, suspension or revocation of the permit or registration. |
| Regulations made by virtue of section 18 of the Regulatory Reform (Scotland) Act 2014 (asp 3) | A person authorised to do so by a regulator (within the meaning of paragraph 3(1) of schedule 2 to that Act) | In relation to a person specified in the certificate that, on a date so specified, such regulator served on the person a notice mentioned in paragraph 18 of schedule 2 to that Act. |
| Regulations made by virtue of section 18 of the Regulatory Reform (Scotland) Act 2014 (asp 3) | A person authorised to do so by a regulator (within the meaning of paragraph 3(1) of schedule 2 to that Act) | That such a regulator has, in pursuance of paragraph 4(3)(d) of schedule 2 to that Act, made general binding rules as mentioned in that paragraph, or has, in pursuance of paragraph 11 of that schedule, made standard rules as mentioned in that paragraph; and the content of those general binding rules or standard rules. |
.
@@ -3461,7 +3467,7 @@
In the Crime and Punishment (Scotland) Act 1997, in section 30 (routine evidence)—
- (a) in subsection (1), for the words “subsections (2) and (3)” substitute “subsection (3)”,
- (a) in subsection (1), for the words “subsections (2) and (3)” substitute “ subsection (3) ”,
- (b) subsection (2) is repealed.
@@ -3499,17 +3505,17 @@
- (2) In section 73 (interpretation and other supplementary provisions), after subsection (3) insert—
> (3A) In the definition of “statutory undertakers” in subsection (1), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (3) In section 85 (appeals to Crown Court or Court of Session against decisions of magistrates’ court or sheriff), after subsection (3) add—
> (4) In subsection (2), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (4) In section 105 (interpretation etc. – general), in subsection (2)(b), after “private” add “or by or under any Act of the Scottish Parliament”.
> (3A) In the definition of “statutory undertakers” in subsection (1), “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (3) In section 85 (appeals to Crown Court or Court of Session against decisions of magistrates' court or sheriff), after subsection (3) add—
> (4) In subsection (2), “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (4) In section 105 (interpretation etc. – general), in subsection (2)(b), after “private” add “ or by or under any Act of the Scottish Parliament ”.
#### Environmental Protection Act 1990
@@ -3519,55 +3525,55 @@
- (2) In section 33 (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste), after subsection (10) add—
> (11) In subsection (4)(c) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (11) In subsection (4)(c) above, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (3) In section 57 (powers of the Scottish Ministers to require waste to be accepted, treated, disposed of or delivered), after subsection (7) insert—
> (7A) In subsection (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (7A) In subsection (6) above, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (4) In section 63 (waste other than controlled waste), after subsection (4) add—
> (5) In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (5) In this section, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (5) In section 73 (appeals and other provisions relating to legal proceedings and civil liability), after subsection (9) add—
> (10) In subsection (2) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (10) In subsection (2) above, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (6) In section 78X (supplementary provisions), after subsection (4) insert—
> (4A) In subsection (4)(f)(i) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (4A) In subsection (4)(f)(i) above, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (7) In section 79 (statutory nuisances and inspections therefor), after subsection (6A) insert—
> (6B) In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (6B) In this section, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (8) In section 98 (definitions for Part 6), after subsection (6), insert—
> (6A) In subsection (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (6A) In subsection (6) above, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (9) In section 140 (power to prohibit or restrict the importation, use, supply or storage of injurious substances or articles), in subsection (11), before the definition of “the environment” insert—
> - “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
> “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
.
- (10) In Schedule 4 (abandoned shopping and luggage trolleys), after paragraph 1(2) add—
> (3) In sub-paragraph (2)(d) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (3) In sub-paragraph (2)(d) above, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
@@ -3579,13 +3585,13 @@
- (2) In section 7 (powers of entry), after subsection (11) add—
> (12) In subsection (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (12) In subsection (1) above, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (3) In Schedule 1 (constitution and proceedings of Scottish Natural Heritage), after paragraph 17(2) add—
> (3) In sub-paragraph (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (3) In sub-paragraph (1) above, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
@@ -3597,7 +3603,7 @@
- (2) In section 40 (radioactivity to be disregarded for purposes of certain statutory provisions), in subsection (3)—
- (a) in the definition of “statutory provision”, in paragraph (a), after “Act” insert “or Act of the Scottish Parliament”,
- (a) in the definition of “statutory provision”, in paragraph (a), after “Act” insert “ or Act of the Scottish Parliament ”,
- (b) in the definition of “local enactment”—
@@ -3607,7 +3613,7 @@
,
- (ii) in paragraph (b), after “by”, where it second occurs, insert “the Scottish Parliament,”.
- (ii) in paragraph (b), after “by”, where it second occurs, insert “ the Scottish Parliament, ”.
- (3) In section 46 (effect of Act on other rights and duties), in paragraph (b)—
@@ -3627,31 +3633,31 @@
- (2) In section 27 (power of SEPA to obtain information about land), after subsection (3) add—
> (4) In subsection (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (4) In subsection (1) above, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (3) In section 30 (records held by SEPA), after subsection (3) add—
> (4) In subsection (3) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (4) In subsection (3) above, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (4) In section 37 (incidental general functions), after subsection (8) insert—
> (8A) In subsection (8) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (8A) In subsection (8) above, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (5) In section 38 (delegation of functions by Ministers etc. to new Agencies), in subsection (10) after the definition of “eligible function” insert—
> - “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
> “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
.
- (6) In section 40 (ministerial directions to the new Agencies), after subsection (8) add—
> (9) In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (9) In this section, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
@@ -3661,49 +3667,49 @@
- (b) after that subsection add—
> (2) In subsection (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (2) In subsection (1) above, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (8) In section 53 (inquiries and other hearings), after subsection (3) add—
> (4) In subsections (1) and (3) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (4) In subsections (1) and (3) above, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (9) In section 87 (regulations for the purposes of Part 4), after subsection (9) add—
> (10) In subsection (5)(c) above, “enactment” includes an enactment comprised in an Act of the Scottish Parliament.
> (10) In subsection (5)(c) above, “*enactment*” includes an enactment comprised in an Act of the Scottish Parliament.
.
- (10) In section 108 (powers of enforcing authorities and persons authorised by them), in subsection (15)—
- (a) in the definition of “pollution control enactments” at the end add “(including any enactmentscomprised in, or in instruments made under, an Act of the Scottish Parliament relating to those functions).”,
- (b) in the definition of “pollution control functions” in relation to the Scottish Ministers, after “instrument” insert “(includingany enactmentcomprised in, or in an instrument made under, an Act of the Scottish Parliament)”.
- (a) in the definition of “pollution control enactments” at the end add “ (including any enactmentscomprised in, or in instruments made under, an Act of the Scottish Parliament relating to those functions). ”,
- (b) in the definition of “*pollution control functions*” in relation to the Scottish Ministers, after “instrument” insert “ (includingany enactmentcomprised in, or in an instrument made under, an Act of the Scottish Parliament) ”.
- (11) In section 113 (disclosure of information), in subsection (5), after the definition of “new Agency” insert—
> - “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (12) In section 122 (directions), after subsection (5) insert—
> (6) In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (6) In this section, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (13) In Schedule 6 (the Scottish Environment Protection Agency), in paragraph 15, after sub-paragraph (2) add—
> (3) In sub-paragraph (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (3) In sub-paragraph (1) above, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
- (14) In Schedule 11 (air quality: supplemental provisions), in paragraph 5, after sub-paragraph (6) add—
> (7) In the definition of “fixed penalty offence” in sub-paragraph (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
> (7) In the definition of “fixed penalty offence” in sub-paragraph (6) above, “*enactment*” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
.
@@ -3711,7 +3717,7 @@
##### 44
Section 78 of the Flood Risk Management (Scotland) Act 2009 (SEPA’s power to obtain information about land) is repealed.
Section 78 of the Flood Risk Management (Scotland) Act 2009 (SEPA's power to obtain information about land) is repealed.
#### Power as respects consistency in regulatory functions
@@ -4138,13 +4144,3 @@
[^key-d559d6ab433491e89401f707ea7f2034]: [Sch. 3 para. 44](https://www.legislation.gov.uk/asp/2014/3/schedule/3/paragraph/44) in force at 30.6.2014 by [S.S.I. 2014/160](https://www.legislation.gov.uk/ssi/2014/160), [art. 2(1)](https://www.legislation.gov.uk/ssi/2014/160/article/2/1)[(2)](https://www.legislation.gov.uk/ssi/2014/160/article/2/2), [Sch.](https://www.legislation.gov.uk/ssi/2014/160/schedule)
[^M_C_4153b2e1-9068-4a81-ef6d-c3d294bf0126]: Act excluded (1.4.2015) by [Landfill Tax (Scotland) Act 2014 (asp 2)](https://www.legislation.gov.uk/asp/2014/2), [ss. 12(4)](https://www.legislation.gov.uk/asp/2014/2/section/12/4), [43(2)](https://www.legislation.gov.uk/asp/2014/2/section/43/2) (with [s. 42](https://www.legislation.gov.uk/asp/2014/2/section/42)); [S.S.I. 2015/109](https://www.legislation.gov.uk/ssi/2015/109), [art. 2](https://www.legislation.gov.uk/ssi/2015/109/article/2) (with [art. 3](https://www.legislation.gov.uk/ssi/2015/109/article/3))
##### 14A
Imposing duties on 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 make publicly available in a specified manner, specified information about anything stored or disposed of by them or on their behalf, except in relation to their domestic activities.
#### General purpose of SEPA
#### Marine licence applications etc.: proceedings to question validity of decisions
#### Consequential modifications and repeals
2014-02-19
Regulatory Reform (Scotland) Act 2014
original version
Text at this date