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Islands (Scotland) Act 2018

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14Duty of the Scottish Ministers to have regard to request for retrospective island communities impact assessmentS

(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—

    (a)

    an Act of the Scottish Parliament, and

    (b)

    subordinate 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.

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