The Environmental Noise (Scotland) Regulations 2006

CHAPTER 5 IMPLEMENTATION OF ACTION PLANS

Implementation of action plans

19.—(1) Subject to paragraphs (2) and (3), where an action plan–

(a) has been adopted pursuant to regulation 22; and

(b) identifies a particular public authority as responsible for a particular action,

that public authority shall use all reasonable endeavours to take that action.

(2) Paragraph (1) shall not have effect where a public authority, other than the Scottish Ministers–

(a) provides the Scottish Ministers and the competent authority (if not the Scottish Ministers) responsible for preparation of the action plan with written reasons for being unable to take the action for which it has been designated as responsible; and

(b) it publishes those reasons.

(3) Paragraph (1) shall not have effect where the Scottish Ministers–

(a) are the public authority identified in an action plan as responsible for a particular action; and

(b) publish reasons for being unable to take the action for which they have been identified as responsible.

(4) In this regulation “public authority” includes any person who exercises functions of a public nature, but does not include–

(a) the Scottish Parliament or a person exercising functions in connection with proceedings in the Scottish Parliament; or

(b) any person discharging or purporting to discharge any responsibilities of a judicial nature vested in that person, or a person discharging responsibilities in connection with the execution of judicial process.