Explanatory Notes

Islands (Scotland) Act 2018

2018 asp 12

6 July 2018

Overview of the Act

PART 5 – ADDITIONAL POWERS REQUESTS

Section 21 – Additional powers requests

51.This section provides a regulation-making power which the Scottish Ministers must use to create a scheme for additional powers requests from local authorities (similar to section 15). It requires Scottish Ministers to create a scheme for additional powers requests from the local authorities listed in the schedule. Under subsections (2) and (3), the scheme is to set out the process for requests, that reasonable cause must be demonstrated when making the request, actions and statements of Ministers in response to requests, a prohibition on Ministers unreasonably refusing requests and reviews of Ministers’ decisions. Subsection (4) requires the regulations creating the scheme to be laid within one year of Royal Assent. Under section 29(2) the regulations are subject to the affirmative procedure.