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Islands (Scotland) Act 2018

Type Act of the Scottish Parliament

Publication 2018-07-06

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Key definitions

Additional powers requests

1

(1) In this Act, “island” means a naturally formed area of land which is—

(a) surrounded on all sides by the sea (ignoring artificial structures such as bridges), and

(b) above water at high tide.

(2) In this Act, “inhabited island” means an island permanently inhabited by at least one individual.

Meaning of “island community”

2

In this Act—

Part 2 — National Islands Plan

Duty to prepare national islands plan

National islands plan

3

(1) The Scottish Ministers must prepare a national islands plan.

(2) The purpose of preparing a national islands plan is to set out the main objectives and strategy of the Scottish Ministers in relation to improving outcomes for island communities that result from, or are contributed to by, the carrying out of functions of a public nature.

(3) Improving outcomes for island communities includes—

(a) increasing population levels,

(b) improving and promoting—

(i) sustainable economic development,

(ii) environmental wellbeing,

(iii) health and wellbeing, and

(iv) community empowerment,

(d) improving digital connectivity,

(e) reducing fuel poverty,

(f) ensuring effective management of the Scottish Crown Estate (that is, the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies),

(g) enhancing biosecurity (including protecting islands from the impact of invasive non-native species).

(4) The plan must list the public authorities that have duties under this Act.

(5) In setting out their main objectives in the plan, the Scottish Ministers must consider and outline, in so far as possible, what would be appropriate to use for the purpose of measuring (whether quantitatively or qualitatively) the extent to which outcomes for island communities identified in the plan are improved.

Preparation and scrutiny of plan

4

(1) In preparing the national islands plan, the Scottish Ministers must—

(a) consult—

(i) each local authority listed in the schedule,

(ii) such other persons as they consider represent the interests of island communities, and

(iii) such persons (including members of island communities and other persons) as they consider likely to be affected by or have an interest in the proposals contained in the plan, and

(b) have regard to the distinctive geographical, natural heritage and cultural characteristics (including the linguistic heritage) of each of the areas inhabited by island communities.

(2) The Scottish Ministers must lay the proposed national islands plan before the Scottish Parliament—

(a) in the case of the first plan, before the end of the period of one year beginning with the day on which this section comes into force,

(b) in any other case, following a review under section 6(1).

(3) The Scottish Ministers must complete their preparation of the national islands plan after the expiry of the period of 40 days beginning with the day on which the plan is laid before the Scottish Parliament (taking no account of any time during which the Parliament is dissolved or in recess for more than 4 days).

(4) As soon as reasonably practicable after the end of the period mentioned in subsection (3), the Scottish Ministers must publish the plan.

Reporting on and review of plan

Report on plan

5

(1) The Scottish Ministers must prepare a report for each reporting year, containing information—

(a) about the extent to which the outcomes identified in the national islands plan have improved in the reporting year,

(b) about steps the Scottish Ministers will take where an outcome identified in the national islands plan has not improved in the reporting year,

(c) about the steps which the Scottish Ministers have taken to comply with the duties in relation to island communities imposed by—

(i) section 7 (including any island communities impact assessment prepared under section 8), and

(ii) section 13, and

(d) about any other matters which the Scottish Ministers consider appropriate.

(2) In this section, “reporting year” means the period of one year beginning—

(a) in the case of the first report following each publication of a national islands plan under section 4(4), with the day on which the national islands plan is published,

(b) in any other case, with the day of the expiry of the last period of one year.

(3) Before the end of the period of 3 months beginning with the last day of the reporting year, the Scottish Ministers must—

(a) lay the report before the Scottish Parliament, and

(b) publish the report.

Review of plan

6

(1) The Scottish Ministers—

(a) must review the national islands plan before the end of the period of 5 years beginning with the day on which the plan was last published, and

(b) may from time to time review the plan.

(2) Following a review under subsection (1), the Scottish Ministers may revise the plan as they consider appropriate.

(3) Subsections (1), (3) and (4) of section 4 apply to a review of the plan under subsection (1) as they apply to the preparation of the plan under that section.

Part 3 — Duties in relation to island communities

Duties of certain authorities in respect of policies, strategies and services

Duty to have regard to island communities

7

(1) A relevant authority must have regard to island communities in carrying out its functions.

(2) In this Part, a “relevant authority” means a body, office-holder or other person listed in the schedule.

(3) The Scottish Ministers may by regulations amend the schedule by—

(a) adding an entry for any person, body or office-holder,

(b) varying the description of an entry, or

Island communities impact assessment

8

(1) A relevant authority must prepare an island communities impact assessment in relation to a—

(a) policy,

(b) strategy, or

which, in the authority's opinion, is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities) in the area in which the authority exercises its functions.

(2) Subsection (1) applies to the development, delivery and redevelopment of the policy, strategy or service (as the case may be).

(3) An island communities impact assessment prepared under subsection (1) must—

(a) describe the likely significantly different effect of the policy, strategy or service (as the case may be), and

(b) assess the extent to which the authority considers that the policy, strategy or service (as the case may be) can be developed or delivered in such a manner as to improve or mitigate, for island communities, the outcomes resulting from it.

(4) If a relevant authority does not prepare an island communities impact assessment in relation to a—

(a) policy,

(b) strategy, or

which has an effect on an island community, it must publish, as soon as reasonably practicable afterwards and in such manner as it considers appropriate, an explanation of its reasons for not doing so.

Reviews of decisions relating to island communities impact assessments

9

(1) The Scottish Ministers must by regulations make provision about reviews of decisions of relevant authorities relating to island communities impact assessments under section 8(1).

(2) Regulations under subsection (1) may, in particular, make provision about—

(a) the procedure to be followed in connection with reviews,

(b) the manner in which reviews are to be conducted,

(d) the circumstances under which applications for reviews may or may not be made,

(e) the persons to whom applications for reviews may be made, and

(f) the steps that may be taken by a relevant authority following a review.

Compliance with section 7 duty

10

A relevant authority demonstrates compliance with the duty imposed by section 7—

(a) by making such arrangements as it considers appropriate to review any policy, strategy or service (as the case may be) which it develops or delivers in carrying out its functions, and

(b) either—

(i) in the case where the authority must prepare an island communities impact assessment under section 8(1), by preparing that assessment, or

(ii) in any other case, by making such an assessment or taking such other steps as the authority considers appropriate.

Guidance and reporting

Guidance about section 7 duty

11

(1) A relevant authority must have regard to any guidance issued by the Scottish Ministers about the duty imposed by section 7.

(2) Before issuing guidance under subsection (1), the Scottish Ministers must consult—

(a) each local authority listed in the schedule,

(b) such other persons as they consider represent the interests of island communities, and

Reporting regarding section 7 duty

12

(1) A relevant authority to which the duty imposed by section 7 applies in a reporting period must publish information about the steps which the authority has taken to comply with that duty during that reporting period.

(2) A “reporting period” is any period determined by the authority of up to a maximum of one year.

(3) The relevant authority may publish the information in such manner as the authority considers appropriate (for example in an annual or other report prepared by the authority).

(4) Subsection (1) does not apply to the Scottish Ministers (see section 5).

Duties of the Scottish Ministers in respect of legislation and strategies

Preparation of island communities impact assessment by Ministers

13

(1) The Scottish Ministers must prepare an island communities impact assessment in relation to legislation which, in their opinion, is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities) in Scotland.

(2) In subsection (1), “legislation” means—

(a) a Bill for an Act of the Scottish Parliament which the Scottish Ministers intend to introduce in the Parliament, and

(b) subordinate legislation which is—

(i) to be made by the Scottish Ministers and is subject to the negative procedure, or

(ii) to be laid in draft before the Scottish Parliament and, subject to the affirmative procedure, to be made by the Scottish Ministers.

(3) An island communities impact assessment prepared under subsection (1) must—

(a) describe the likely significantly different effect of the legislation,

(b) assess the extent to which the Scottish Ministers consider that the legislation can be developed in such a manner as to improve or mitigate, for island communities, the outcomes resulting from the legislation, and

(c) set out the financial implications of steps taken under this subsection to mitigate, for island communities, the outcomes resulting from the legislation.

(4) An island communities impact assessment under subsection (1) is taken to be an islands communities impact assessment under section 8(1) in relation to the policy, strategy or service of the Scottish Ministers to be implemented by the legislation.

Duty of the Scottish Ministers to have regard to request for retrospective island communities impact assessment

14

(1) A local authority listed in the schedule may make a request to the Scottish Ministers to prepare and publish a retrospective island communities impact assessment in relation to existing legislation or national strategies which have an effect on an island community which is significantly different from their effect on other communities (including other island communities) in Scotland.

(2) Following receipt of a request made under subsection (1), the Scottish Ministers must, within 3 months, confirm in writing—

(a) their approval of the request, or

(b) their reasons for not approving the request.

(3) If the Scottish Ministers approve a request under subsection (2)(a), they must prepare and publish a retrospective island communities impact assessment under subsection (1) within 6 months of the date of their decision.

(4) In this section—

“legislation” means—an Act of the Scottish Parliament, andsubordinate legislation made under an Act of the Scottish Parliament,

“national strategies” means any strategy or framework prepared and published by the Scottish Ministers.

(5) A retrospective island communities impact assessment must include—

(a) a description of the methods and data used to assess the effect on island communities,

(b) the steps (if any) the Scottish Ministers intend to take to rectify, mitigate or improve the effect of the legislation or national strategy on island communities.

Scheme for requests by local authorities for devolution of functions

15

(1) The Scottish Ministers must by regulations establish a scheme for the making by a local authority listed in the schedule of a request to them to promote legislation devolving a function to the authority.

(2) Regulations under subsection (1) must include provision specifying—

(a) the manner and form in which a request is to be made,

(b) the information that an authority must provide when making a request,

(d) the actions which the Scottish Ministers must take following their decision to approve or reject the request,

(e) the period within which those actions must be taken,

(f) that a decision of the Scottish Ministers to devolve a function following a request may be a decision to devolve that function to the authority that made that request or to that authority and to one or more of the other local authorities listed in the schedule,

(g) the manner, form and period within which an authority may appeal against decisions of the Scottish Ministers in relation to a request.

(3) Regulations under subsection (1) may include provision—

(a) specifying consultation to be undertaken by an authority before making a request,

(b) that the information mentioned in subsection (2)(b) must include—

(i) information identifying the outcomes that would be improved by virtue of devolution of the function requested,

(ii) evidence of community support (including the support of island communities) for the promotion of such devolution.

(4) Before laying a draft of regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult—

(a) each local authority listed in the schedule,

(b) such other persons as they consider appropriate.

Duty of the Scottish Ministers to consult island communities

Duty to consult island communities

16

(1) The Scottish Ministers must consult island communities before making a material change to any—

(a) policy,

(b) strategy, or

which, in the Scottish Ministers' opinion, is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities) in Scotland.

(2) The persons consulted under subsection (1)—

(a) must include each local authority listed in the schedule, and

(b) may include such other bodies or persons as the Scottish Ministers determine.

(3) No later than three months after the day on which a consultation under subsection (1) is concluded, the Scottish Ministers must publish—

(a) the responses received to the consultation,

(b) information about the steps which it will take following the consultation.

(4) Where the Scottish Ministers do not consider that a material change to any—

(a) policy,

(b) strategy, or

is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities) in Scotland, a local authority listed in the schedule may request that the Scottish Ministers consult island communities under subsection (1) before making the change.

(5) Where the Scottish Ministers receive a request under subsection (4), they must—

(a) undertake a consultation under subsection (1), or

(b) publish an explanation of their reasons for not undertaking a consultation under subsection (1).

Shetland mapping requirement

17

(1) There is to be a Shetland mapping requirement.

(2) When publishing in any form a document that includes a map of Scotland, the Scottish Ministers, a local authority and any other Scottish public authority with mixed functions or no reserved functions must—

(a) comply with the Shetland mapping requirement, or

(b) where Ministers or, as the case may be, the authority consider that there are reasons not to comply, provide in such manner as they consider appropriate, information about those reasons.

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