Search Legislation

Regulatory Reform (Scotland) Act 2014

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Regulatory Reform (Scotland) Act 2014. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Environmental Protection Act 1990S

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

(2)In section 33A (fixed penalty notices for contraventions of section 33(1)(a) and (c): Scotland)—

(a)in subsection (1), in paragraph (a)—

(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(ii)the words from “in” to the end of paragraph (b) are repealed,

(b)in subsection (4), paragraph (b) and the word “or” immediately preceding it are repealed,

(c)after subsection (8) insert—

(8A)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.

(8B)A person commits an offence if he fails to give his name and address when required to do so under subsection (8A) above.

(8C)A person who commits an offence under subsection (8B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.,

(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—

(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.,

(f)in subsection (12)—

(i)after “payable”, where it second occurs, insert—

(a)in a case such as is mentioned in paragraph (a) of subsection (11A) above,,

(ii)at the end insert—

(b)in a case such as is mentioned in paragraph (b) of that subsection, to Loch Lomond and The Trossachs National Park Authority; and as respects the sums received by that Authority, those sums shall accrue to that Authority.,

(g)in subsection (13)—

(i)for the definition of “authorised officer” substitute—

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.,

(ii)the definition of “proper officer” is repealed,

(h)after subsection (13) insert—

(13A)The Scottish Ministers may by order make such modifications of this section as they consider necessary or expedient in connection with the specification of a person by an order under paragraph (c) of the definition of “authorised person” in subsection (13) above.

(13B)An order under subsection (13A) above may include provision—

(a)applying any provision of this section to such a person with such modifications as may be specified in the order;

(b)for any such provision not to apply in relation to such a person..

(3)In section 59 (power to require removal of waste unlawfully deposited), after subsection (8B) insert—

(8C)An authority may not recover costs under subsection (8) above if a compensation order has been made under section 249 of the Criminal Procedure (Scotland) Act 1995 in favour of the authority in respect of any part of those costs.

(8D)Subsection (8C) does not apply if the compensation order is set aside on appeal..

(4)In section 88 (fixed penalty notices for leaving litter)—

(a)in subsection (1), in paragraph (a)—

(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,

(b)in subsection (5A), for the words “to the litter authority in whose area the offence was committed” substitute—

(a)where the notice is given by an officer of a litter authority authorised as mentioned in paragraph (a) of the definition of “authorised person” in subsection (10) below, to that litter authority;

(b)where the notice is given by an officer of Loch Lomond and The Trossachs National Park Authority authorised as mentioned in paragraph (b) of that definition, to that Authority.,

(c)in subsection (6)—

(i)the words from “a litter” to the end become paragraph (a) of that subsection, and

(ii)after that paragraph insert—

(b)Loch Lomond and The Trossachs National Park Authority, shall accrue to that Authority.,

(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—

(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.

(8C)A person commits an offence if he fails to give his name and address when required to do so under subsection (8B) above.

(8D)A person who commits an offence under subsection (8C) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.,

(f)in subsection (10)—

(i)for the definition of “authorised officer” substitute—

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.,

(ii)the definition of “proper officer” is repealed,

(g)after subsection (10) insert—

(10A)The Scottish Ministers may by order make such modifications of this section as they consider necessary or expedient in connection with the specification of a person by an order under paragraph (c) of the definition of “authorised person” in subsection (10) above.

(10B)An order under subsection (10A) above may include—

(a)provision applying any provision of this section to such a person with such modifications as may be specified in the order;

(b)provision for any such provision not to apply in relation to such a person..

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 3 para. 11(4) in force at 1.4.2015 by S.S.I. 2014/160, art. 2(3)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources