UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021

44 Meaning of “environmental law” and “effectiveness of environmental law”

(1) In this Chapter, “environmental law” means any legislative provision to the extent that it—

(a) is mainly concerned with environmental protection, and

(b) is not concerned with an excluded matter.

(2) Excluded matters are—

(a) disclosure of, or access to, information,

(b) national defence or civil emergency,

(c) finance or budgets.

(3) In subsection (1), “legislative provision” means—

(a) provision contained in, or in an instrument made under, an Act of the Scottish Parliament, and

(b) provision contained in any other enactment which, if contained in an Act of the Scottish Parliament, would be within the legislative competence of the Parliament.

(4) The Scottish Ministers may by regulations provide that a legislative provision specified in the regulations is, or is not, within the definition of “environmental law” in subsection (1) (and this Chapter applies accordingly).

(5) Regulations under subsection (4) are subject to the affirmative procedure.

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

(a) Environmental Standards Scotland, and

(b) such other persons as the Scottish Ministers consider appropriate.

(7) In this Chapter, references to the effectiveness of environmental law are references to the effectiveness of environmental law, or any particular aspect of it—

(a) in achieving its intended effect by reference to its contribution to—

(i) environmental protection, and

(ii) improving the health and wellbeing of Scotland’s people, and achieving sustainable economic growth, so far as consistent with environmental protection, and

(b) in contributing to the implementation of any international obligation of the United Kingdom relating to environmental protection,

and references to “effective environmental law” are to be construed accordingly.