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Regulatory Reform (Scotland) Act 2014

Status:

This is the original version (as it was originally enacted).

  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

    2. SCHEDULE 2

      PARTICULAR PURPOSES FOR WHICH PROVISION MAY BE MADE UNDER SECTION 18

      1. PART 1 LIST OF PURPOSES

        1. 1.Environmental activities

        2. 2.Emissions

        3. 3.Regulators

        4. 4.Regulation of activities

        5. 5.Permits

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

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

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

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

        10. 10.Registration

        11. 11.Provisions common to permits and registration

        12. 12.Notification of regulated activities

        13. 13.Charging schemes

        14. 14.Information, publicity and consultation

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

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

        17. 17.Enforcement and offences

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

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

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

        21. 21.Appeals

        22. 22.General

      2. PART 2 SUPPLEMENTARY PROVISIONS

        1. 23.Particular types of regulated activity

        2. 24.Emissions trading scheme

        3. 25.General binding rules

        4. 26.Determination of matters by regulators

        5. 27.Determination of rules and imposition of conditions

        6. 28.Charging schemes

        7. 29.Fit and proper persons

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

        9. 31.Offences

        10. 32.Service of notices

        11. 33.Powers exercisable in the regulations

        12. 34.Interpretation

    3. SCHEDULE 3

      MINOR AND CONSEQUENTIAL MODIFICATIONS

      1. PART 1 REGULATION OF ENVIRONMENTAL ACTIVITIES ETC.

        1. 1.Sewerage (Scotland) Act 1968

        2. 2.Prevention of Oil Pollution Act 1971

        3. 3.Environmental Protection Act 1990

        4. 4.Clean Air Act 1993

        5. 5.Environment Act 1995

        6. 6.Merchant Shipping Act 1995

        7. 7.Pollution Prevention and Control Act 1999

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

        9. 9.Water Services etc. (Scotland) Act 2005

        10. 10.Water Resources (Scotland) Act 2013

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

        1. 11.Environmental Protection Act 1990

        2. 12.Criminal Procedure (Scotland) Act 1995

        3. 13.Reservoirs (Scotland) Act 2011

      3. PART 3 PURPOSES OF SEPA

        1. 14.Environment Act 1995

        2. 15.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. 17.Scottish Board of Health Act 1919

        2. 18.Local Government (Scotland) Act 1973

        3. 19.Local Government, Planning and Land Act 1980

        4. 20.Litter Act 1983

        5. 21.Water Act 1989

        6. 22.Planning (Consequential Provisions) Act 1990

        7. 23.Environmental Protection Act 1990

        8. 24.Natural Heritage (Scotland) Act 1991

        9. 25.Agricultural Holdings (Scotland) Act 1991

        10. 26.Clean Air Act 1993

        11. 27.Radioactive Substances Act 1993

        12. 28.Local Government etc. (Scotland) Act 1994

        13. 29.Environment Act 1995

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

        15. 31.Criminal Procedure (Scotland) Act 1995

        16. 32.Town and Country Planning (Scotland) Act 1997

        17. 33.Planning (Consequential Provisions) (Scotland) Act 1997

        18. 34.Crime and Punishment (Scotland) Act 1997

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

        20. 36.Pollution Prevention and Control Act 1999

        21. 37.Antisocial Behaviour etc. (Scotland) Act 2004

        22. 38.Forth Crossing Act 2011

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

        1. 39.Control of Pollution Act 1974

        2. 40.Environmental Protection Act 1990

        3. 41.Natural Heritage (Scotland) Act 1991

        4. 42.Radioactive Substances Act 1993

        5. 43.Environment Act 1995

        6. 44.Flood Risk Management (Scotland) Act 2009

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