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The Regulatory Reform (Scotland) Act 2014 (Commencement No. 1 and Transitional Provision) Order 2014

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Scottish Statutory Instruments

2014 No. 160 (C. 11)

Regulatory Reform

Environmental Protection

The Regulatory Reform (Scotland) Act 2014 (Commencement No. 1 and Transitional Provision) Order 2014

Made

4th June 2014

Laid before the Scottish Parliament

6th June 2014

Coming into force

30th June 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by section 61(2) of the Regulatory Reform (Scotland) Act 2014(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Regulatory Reform (Scotland) Act 2014 (Commencement No. 1 and Transitional Provision) Order 2014 and comes into force on 30th June 2014.

(2) In this Order—

“the 1982 Act” means the Civic Government (Scotland) Act 1982(2); and

“the 2014 Act” means the Regulatory Reform (Scotland) Act 2014.

Appointed days

2.—(1) Subject to paragraph (2), 30th June 2014 is the day appointed for the coming into force of the provisions of the 2014 Act specified in column 1 of the Schedule (the subject-matter of which is described in column 2 of the Schedule).

(2) Where a purpose is specified in column 3 of the Schedule in relation to any provision specified in column 1 of the Schedule, that provision comes into force on 30th June 2014 for that purpose only.

(3) 1st April 2015 is the day appointed for the coming into force of paragraph 11(4) of schedule 3 to the 2014 Act and, only in so far as necessary for the purpose of commencing that sub-paragraph, section 57 (consequential modifications and repeals) of the 2014 Act.

Transitional provision

3.—(1) Paragraph (2) applies in the case of an application for a street trader’s licence under section 39(3) of the 1982 Act which—

(a)requires to be accompanied by a certificate under subsection (4) of that section; and

(b)is made before 30th June 2014.

(2) The licensing authority may accept a certificate under subsection (4) of section 39 of the 1982 Act if it has been issued by the food authority which is—

(a)the food authority referred to in that subsection after amendment by section 56 of the 2014 Act; or

(b)the food authority referred to in that subsection as it stood prior to that amendment.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

4th June 2014

Article 2(1) and (2)

SCHEDULEPROVISIONS OF 2014 ACT COMING INTO FORCE ON 30TH JUNE 2014

Column 1

Provisions of the 2014 Act

Column 2

Subject-matter

Column 3

Purpose

Section 1Power as respects consistency in regulatory functions
Section 2Regulations under section 1: further provision
Section 3Regulations under section 1: compliance and enforcement
Section 4Regulators’ duty in respect of sustainable economic growth
Section 5Code of practice
Section 6Code of practice: procedure
Section 7Power to modify schedule 1
Section 8Scope of Part 2
Section 9Meaning of “relevant function”
Section 10Nomination of primary authorities
Section 11Nomination of primary authorities: conditions and registers
Section 12Primary authorities: power to make further provision
Section 13Advice and guidance
Section 14Power to charge
Section 15Guidance
Section 16General purpose: protecting and improving the environment
Section 17Meaning of expressions used in section 16 and schedule 2
Section 18Regulations relating to protecting and improving the environment
Section 19Regulations relating to protecting and improving the environment: consultation
Section 20Fixed monetary penalties
Section 21Fixed monetary penalties: procedure
Section 22Fixed monetary penalties: effect on criminal proceedings etc.
Section 23Variable monetary penalties
Section 24Variable monetary penalties: procedure
Section 25Variable monetary penalties: effect on criminal proceedings etc.
Section 26Undertakings under section 24: non-compliance penalties
Section 27Enforcement undertakings
Section 28Combination of sanctions
Section 29Monetary penalties
Section 30Costs recovery
Section 31Guidance as to use of enforcement measures
Section 32Publication of enforcement action
Section 33Interpretation of Chapter 2
Section 34Compensation orders against persons convicted of relevant offences
Section 35Fines for relevant offences: court to consider financial benefits
Section 36Power to order conviction etc. for offence to be publicised
Section 37Corporate offending
Section 38Vicarious liability for certain offences by employees and agents
Section 39Liability where activity carried out by arrangement with another
Section 40Significant environmental harm: offence
Section 41Power of court to order offence to be remedied
Section 42Corporate offending
Section 43Offences relating to supply of carrier bags: fixed penalty notices
Section 44Orders under sections 36 and 41: prosecutor’s right of appeal
Section 45Contaminated land and special sites
Section 46Amendment of powers under section 108 of Environment Act 1995
Section 47Carriers of controlled waste: offences by partnerships affecting registration
Section 48Waste management licences: offences by partnerships
Section 49Duty of local authorities in relation to air quality assessments etc.
Section 50Smoke control areas: authorised fuels and exempt fireplaces
Section 51General purpose of SEPA
Section 52Annual report on operation of Part 3
Section 53Meaning of “relevant offence” and “SEPA” in Part 3
Section 55Planning authorities’ functions: charges and fees
Section 56Application for street trader’s licence: food businesses
Section 57Consequential modifications and repealsFor the purpose of commencing paragraphs 2 to 5, 7, 8(1) and (2), 9, 11(1) to (3), 12 to 23 and 25 to 44 of schedule 3 to the 2014 Act
Schedule 1Regulators for the purposes of Part 1
Schedule 2Particular purposes for which provision may be made under section 18
Schedule 3, paragraphs 2 to 5, 7, 8(1) and (2), 9, 11(1) to (3), 12 to 23 and 25 to 44Minor and consequential modifications

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force certain sections of the Regulatory Reform (Scotland) Act 2014 (“the 2014 Act”). The 2014 Act received Royal Assent on 19th February 2014 and sections 58 (subordinate legislation), 59 (ancillary provision), 60 (Crown application), 61 (commencement) and 62 (short title) came into force the day after Royal Assent.

This is the first commencement order. Article 2(1) of the Order appoints 30th June 2014 for the coming into force of sections 1 to 53, 55 and 56 of, and schedules 1 and 2 to, the 2014 Act. This provision also brings into force paragraphs 2 to 5, 7, 8(1) and (2), 9, 11(1) to (3), 12 to 23 and 25 to 44 of schedule 3 to the 2014 Act. Article 2(1) and (2) of the Order brings section 57 of the 2014 Act into force on 30th June 2014 for the purposes of commencing those paragraphs of schedule 3 listed above.

Article 2(3) of the Order appoints 1st April 2015 for the coming into force of paragraph 11(4) of schedule 3 to, and section 57 of, the 2014 Act for the purpose of commencing paragraph 11(4).

Article 3 makes transitional provision in relation to relevant applications for a street trader’s licence made before 30th June 2014.

(3)

Prior to amendment by section 56 of the Regulatory Reform (Scotland) Act 2014, section 39 had been amended by the Food Safety Act 1990 (c.16), Schedule 3, paragraph 25 and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 175.

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