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Regulatory Reform (Scotland) Act 2014

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  1. Introductory Text

  2. PART 1 REGULATORY FUNCTIONS

    1. Regulations to encourage or improve regulatory consistency

      1. 1.Power as respects consistency in regulatory functions

      2. 2.Regulations under section 1: further provision

    2. Compliance and enforcement

      1. 3.Regulations under section 1: compliance and enforcement

    3. Exercise of regulatory functions: economic duty and code of practice

      1. 4.Regulators' duty in respect of sustainable economic growth

      2. 5.Code of practice

      3. 6.Code of practice: procedure

    4. Power to modify list of regulators

      1. 7.Power to modify schedule 1

  3. PART 2 PRIMARY AUTHORITIES

    1. 8.Scope of Part 2

    2. 9.Meaning of “relevant function”

    3. 10.Nomination of primary authorities

    4. 11.Nomination of primary authorities: conditions and registers

    5. 12.Primary authorities: power to make further provision

    6. 13.Advice and guidance

    7. 14.Power to charge

    8. 15.Guidance

  4. PART 3 ENVIRONMENTAL REGULATION

    1. CHAPTER 1 REGULATIONS FOR PROTECTING AND IMPROVING THE ENVIRONMENT

      1. 16.General purpose: protecting and improving the environment

      2. 17.Meaning of expressions used in section 16 and schedule 2

      3. 18.Regulations relating to protecting and improving the environment

      4. 19.Regulations relating to protecting and improving the environment: consultation

    2. CHAPTER 2 SEPA'S POWERS OF ENFORCEMENT

      1. Fixed monetary penalties

        1. 20.Fixed monetary penalties

        2. 21.Fixed monetary penalties: procedure

        3. 22.Fixed monetary penalties: effect on criminal proceedings etc.

      2. Variable monetary penalties

        1. 23.Variable monetary penalties

        2. 24.Variable monetary penalties: procedure

        3. 25.Variable monetary penalties: effect on criminal proceedings etc.

      3. Non-compliance penalties

        1. 26.Undertakings under section 24: non-compliance penalties

      4. Enforcement undertakings

        1. 27.Enforcement undertakings

      5. Operation of penalties and cost recovery

        1. 28.Combination of sanctions

        2. 29.Monetary penalties

        3. 30.Costs recovery

      6. Guidance

        1. 31.Guidance as to use of enforcement measures

      7. Publication of enforcement action

        1. 32.Publication of enforcement action

      8. Interpretation of Chapter 2

        1. 33.Interpretation of Chapter 2

    3. CHAPTER 3 COURT POWERS

      1. Compensation orders

        1. 34.Compensation orders against persons convicted of relevant offences

      2. Fines

        1. 35.Fines for relevant offences: court to consider financial benefits

      3. Publicity orders

        1. 36.Power to order conviction etc. for offence to be publicised

        2. 37.Corporate offending

    4. CHAPTER 4 MISCELLANEOUS

      1. Vicarious liability

        1. 38.Vicarious liability for certain offences by employees and agents

        2. 39.Liability where activity carried out by arrangement with another

      2. Offence relating to significant environmental harm

        1. 40.Significant environmental harm: offence

        2. 41.Power of court to order offence to be remedied

        3. 42.Corporate offending

      3. Offences relating to supply of carrier bags: fixed penalty notices

        1. 43.Offences relating to supply of carrier bags: fixed penalty notices

      4. Publicity and remediation orders: appeals by prosecutor

        1. 44.Orders under sections 36 and 41: prosecutor's right of appeal

      5. Contaminated land and special sites

        1. 45.Contaminated land and special sites

      6. Amendment of powers under section 108 of Environment Act 1995

        1. 46.Amendment of powers under section 108 of Environment Act 1995

      7. Authorisations relating to waste management: offences by partnerships

        1. 47.Carriers of controlled waste: offences by partnerships affecting registration

        2. 48.Waste management licences: offences by partnerships

      8. Air quality assessments

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

      9. Smoke control areas: fuels and fireplaces

        1. 50.Smoke control areas: authorised fuels and exempt fireplaces

    5. CHAPTER 5 GENERAL PURPOSE OF SEPA

      1. 51.General purpose of SEPA

    6. CHAPTER 6 REPORTING AND INTERPRETATION: PART 3

      1. 52.Annual report on operation of Part 3

      2. 53.Meaning of “relevant offence” and “SEPA” in Part 3

  5. PART 4 MISCELLANEOUS

    1. Marine licensing decisions

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

    2. Planning authorities' functions: charges and fees

      1. 55.Planning authorities' functions: charges and fees

    3. Street traders' licences

      1. 56.Application for street trader's licence: food businesses

  6. PART 5 GENERAL

    1. 57.Consequential modifications and repeals

    2. 58.Subordinate legislation

    3. 59.Ancillary provision

    4. 60.Crown application

    5. 61.Commencement

    6. 62.Short title

    1. SCHEDULE 1

      REGULATORS FOR THE PURPOSES OF PART 1

      1. Accountant in Bankruptcy Food Standards Agency Healthcare Improvement Scotland Local...

    2. SCHEDULE 2

      PARTICULAR PURPOSES FOR WHICH PROVISION MAY BE MADE UNDER SECTION 18

      1. PART 1 LIST OF PURPOSES

        1. Environmental activities

          1. 1.(1) Further defining environmental activities. (2) Modifying the definition of...

        2. Emissions

          1. 2.(1) Establishing standards, objectives or requirements in relation to emissions....

        3. Regulators

          1. 3.(1) Determining the authorities (whether SEPA or any other public...

        4. Regulation of activities

          1. 4.(1) Prohibiting persons from carrying on, or from causing or...

        5. Permits

          1. 5.(1) Prescribing the form and content of applications for permits....

          2. 6.(1) Prescribing the form and content of permits.

          3. 7.(1) Requiring permits, or the conditions to which permits are...

          4. 8.(1) Regulating the transfer and surrender of permits.

          5. 9.(1) Authorising, or authorising the Scottish Ministers to make schemes...

        6. Registration

          1. 10.(1) Prescribing the form and content of—

        7. Provisions common to permits and registration

          1. 11.(1) Enabling the granting of permits, or the registration of...

        8. Notification of regulated activities

          1. 12.(1) Prescribing the form and content of notifications and otherwise...

        9. Charging schemes

          1. 13.(1) Authorising, or authorising regulators to make, vary and revoke...

        10. Information, publicity and consultation

          1. 14.Enabling persons of any specified description (whether or not they...

          2. 15.Securing that— (a) publicity is given to specified matters,

          3. 16.Requiring or authorising regulators to carry out consultation in connection...

        11. Enforcement and offences

          1. 17.(1) Conferring functions on regulators with respect to compliance with,...

          2. 18.(1) Authorising regulators to serve on any persons carrying on...

          3. 19.Creating offences and dealing with matters relating to such offences,...

          4. 20.Enabling, where a person has been convicted of an offence...

        12. Appeals

          1. 21.(1) Conferring rights of appeal in respect of decisions made,...

        13. General

          1. 22.(1) Making provision which, subject to any modifications that the...

      2. PART 2 SUPPLEMENTARY PROVISIONS

        1. Particular types of regulated activity

          1. 23.The regulations may provide for specified provisions of the regulations...

        2. Emissions trading scheme

          1. 24.(1) The regulations may authorise the inclusion in a trading...

        3. General binding rules

          1. 25.(1) General binding rules may— (a) impose conditions or requirements,...

        4. Determination of matters by regulators

          1. 26.The regulations may make provision for anything which, by virtue...

        5. Determination of rules and imposition of conditions

          1. 27.The regulations may provide— (a) for regulators to have regard...

        6. Charging schemes

          1. 28.The regulations may— (a) require any such scheme as is...

        7. Fit and proper persons

          1. 29.The regulations may make provision that the conditions subject to...

        8. Power to specify EU instruments for the purposes of paragraph 22

          1. 30.The Scottish Ministers may, for the purposes of paragraph 22(1)(b),...

        9. Offences

          1. 31.(1) The regulations may provide for any such offence as...

        10. Service of notices

          1. 32.The regulations may make provision for or in connection with...

        11. Powers exercisable in the regulations

          1. 33.The regulations may— (a) modify any enactment, instrument or document,...

        12. Interpretation

          1. 34.In this schedule— “authorise”, in relation to regulated activities, means...

    3. SCHEDULE 3

      MINOR AND CONSEQUENTIAL MODIFICATIONS

      1. PART 1 REGULATION OF ENVIRONMENTAL ACTIVITIES ETC.

        1. Sewerage (Scotland) Act 1968

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

        2. Prevention of Oil Pollution Act 1971

          1. 2.In section 11A of the Prevention of Oil Pollution Act...

        3. Environmental Protection Act 1990

          1. 3.(1) The Environmental Protection Act 1990 is amended as follows....

        4. Clean Air Act 1993

          1. 4.(1) The Clean Air Act 1993 is amended as follows....

        5. Environment Act 1995

          1. 5.(1) The Environment Act 1995 is amended as follows.

        6. Merchant Shipping Act 1995

          1. 6.In section 136A of the Merchant Shipping Act 1995 (discharges...

        7. Pollution Prevention and Control Act 1999

          1. 7.In the Pollution Prevention and Control Act 1999, in section...

        8. Water Environment and Water Services (Scotland) Act 2003

          1. 8.(1) The Water Environment and Water Services (Scotland) Act 2003...

        9. Water Services etc. (Scotland) Act 2005

          1. 9.In section 25 of the Water Services etc. (Scotland) Act...

        10. Water Resources (Scotland) Act 2013

          1. 10.(1) The Water Resources (Scotland) Act 2013 is amended as...

      2. PART 2 ENFORCEMENT OF REGULATIONS ON ENVIRONMENTAL ACTIVITIES ETC.

        1. Environmental Protection Act 1990

          1. 11.(1) The Environmental Protection Act 1990 is amended as follows....

        2. Criminal Procedure (Scotland) Act 1995

          1. 12.In section 249 of the Criminal Procedure (Scotland) Act 1995...

        3. Reservoirs (Scotland) Act 2011

          1. 13.(1) The Reservoirs (Scotland) Act 2011 is amended as follows....

      3. PART 3 PURPOSES OF SEPA

        1. Environment Act 1995

          1. 14.(1) The Environment Act 1995 is amended as follows.

        2. Water Industry (Scotland) Act 2002

          1. 15.In schedule 7 to the Water Industry (Scotland) Act 2002...

      4. PART 4 CONTROL OF POLLUTION ACT 1974

        1. 16.(1) The Control of Pollution Act 1974 is amended as...

      5. PART 5 MISCELLANEOUS ENACTMENTS

        1. Scottish Board of Health Act 1919

          1. 17.In the Scottish Board of Health Act 1919, in section...

        2. Local Government (Scotland) Act 1973

          1. 18.In the Local Government (Scotland) Act 1973, in Schedule 27...

        3. Local Government, Planning and Land Act 1980

          1. 19.In the Local Government, Planning and Land Act 1980, in...

        4. Litter Act 1983

          1. 20.In the Litter Act 1983— (a) in section 4 (consultation...

        5. Water Act 1989

          1. 21.In the Water Act 1989, in Schedule 23 (control of...

        6. Planning (Consequential Provisions) Act 1990

          1. 22.In the Planning (Consequential Provisions) Act 1990, in Schedule 2...

        7. Environmental Protection Act 1990

          1. 23.In the Environmental Protection Act 1990— (a) in section 79...

        8. Natural Heritage (Scotland) Act 1991

          1. 24.(1) Section 24 of the Natural Heritage (Scotland) Act 1991...

        9. Agricultural Holdings (Scotland) Act 1991

          1. 25.In section 26 of the Agricultural Holdings (Scotland) Act 1991...

        10. Clean Air Act 1993

          1. 26.In the Clean Air Act 1993, in section 42 (colliery...

        11. Radioactive Substances Act 1993

          1. 27.In the Radioactive Substances Act 1993, in Schedule 3 (enactments...

        12. Local Government etc. (Scotland) Act 1994

          1. 28.In the Local Government etc. (Scotland) Act 1994, in Schedule...

        13. Environment Act 1995

          1. 29.(1) The Environment Act 1995 is amended as follows.

          2. 30.The amendments made by paragraph 29 to subsection (4) of...

        14. Criminal Procedure (Scotland) Act 1995

          1. 31.(1) The Criminal Procedure (Scotland) Act 1995 is amended as...

        15. Town and Country Planning (Scotland) Act 1997

          1. 32.In the Town and Country Planning (Scotland) Act 1997, in...

        16. Planning (Consequential Provisions) (Scotland) Act 1997

          1. 33.In the Planning (Consequential Provisions) (Scotland) Act 1997, in Schedule...

        17. Crime and Punishment (Scotland) Act 1997

          1. 34.In the Crime and Punishment (Scotland) Act 1997, in section...

        18. City of Edinburgh (Guided Busways) Order Confirmation Act 1998

          1. 35.In the City of Edinburgh (Guided Busways) Order Confirmation Act...

        19. Pollution Prevention and Control Act 1999

          1. 36.In the Pollution Prevention and Control Act 1999, in Schedule...

        20. Antisocial Behaviour etc. (Scotland) Act 2004

          1. 37.In the Antisocial Behaviour etc. (Scotland) Act 2004, in schedule...

        21. Forth Crossing Act 2011

          1. 38.In section 70 of the Forth Crossing Act 2011 (control...

      6. PART 6 MODIFICATIONS OF REFERENCES TO “ENACTMENT” ETC.

        1. Control of Pollution Act 1974

          1. 39.(1) The Control of Pollution Act 1974 is amended as...

        2. Environmental Protection Act 1990

          1. 40.(1) The Environmental Protection Act 1990 is amended as follows....

        3. Natural Heritage (Scotland) Act 1991

          1. 41.(1) The Natural Heritage (Scotland) Act 1991 is amended as...

        4. Radioactive Substances Act 1993

          1. 42.(1) The Radioactive Substances Act 1993 is amended as follows....

        5. Environment Act 1995

          1. 43.(1) The Environment Act 1995 is amended as follows.

        6. Flood Risk Management (Scotland) Act 2009

          1. 44.Section 78 of the Flood Risk Management (Scotland) Act 2009...

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