(1)The Secretary of State shall from time to time give guidance to SEPA with respect to aims and objectives which he considers it appropriate for SEPA to pursue in the performance of its functions.
(2)The guidance given under subsection (1) above must include guidance with respect to the contribution which, having regard to SEPA’s responsibilities and resources, the Secretary of State considers it appropriate for SEPA to make, by the performance of its functions, towards attaining the objective of achieving sustainable development.
[F2(2A)The Scottish Ministers may give guidance to SEPA with respect to the carrying out of its duties under section 20A.]
(3)In performing its functions, SEPA shall have regard to guidance given under this section.
(4)The power to give guidance to SEPA under this section shall be exercisable only after consultation with SEPA and such other bodies or persons as the Secretary of State considers it appropriate to consult in relation to the guidance in question.
(5)A draft of any guidance proposed to be given under this section shall be laid before [F3the Scottish Parliament] and the guidance shall not be given until after the period of 40 days beginning with the day on which the draft was so laid F4. . ..
(6)If, within the period mentioned in subsection (5) above, [F3the Scottish Parliament] resolves that the guidance, the draft of which was laid before it, should not be given, the Secretary of State shall not give that guidance.
(7)In reckoning any period of 40 days for the purposes of subsection (5) or (6) above, no account shall be taken of any time during which [F3the ScottishParliament] is dissolved or prorogued or F5. . . adjourned for more than four days.
(8)The Secretary of State shall arrange for any guidance given under this section to be published in such manner as he considers appropriate.
Textual Amendments
F1Words in s. 31 title inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(3); S.S.I. 2014/160, art. 2(1)(2)
F2S. 31(2A) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(2); S.S.I. 2014/160, art. 2(1)(2)
F3Words in s. 31(5)(6)(7) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(2)(a); S.I. 1998/3178, art. 3
F4Words in s. 31(5) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(2)(b), Pt. IV; S.I. 1998/3178, art. 3
F5Words in s. 31(7) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(2)(c), Pt. IV; S.I. 1998/3178, art. 3
Modifications etc. (not altering text)
C1S. 31: transfer of functions (10.7.2008) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 (S.I. 2008/1776), arts. 1(1), 2, Sch.