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Part 3Duties in relation to island communities

Duty of the Scottish Ministers to consult island communities

16Duty to consult island communities

(1)The Scottish Ministers must consult island communities before making a material change to any—

(a)policy,

(b)strategy, or

(c)service,

which, in the Scottish Ministers’ opinion, is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities) in Scotland.

(2)The persons consulted under subsection (1)—

(a)must include each local authority listed in the schedule, and

(b)may include such other bodies or persons as the Scottish Ministers determine.

(3)No later than three months after the day on which a consultation under subsection (1) is concluded, the Scottish Ministers must publish—

(a)the responses received to the consultation,

(b)information about the steps which it will take following the consultation.

(4)Where the Scottish Ministers do not consider that a material change to any—

(a)policy,

(b)strategy, or

(c)service,

is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities) in Scotland, a local authority listed in the schedule may request that the Scottish Ministers consult island communities under subsection (1) before making the change.

(5)Where the Scottish Ministers receive a request under subsection (4), they must—

(a)undertake a consultation under subsection (1), or

(b)publish an explanation of their reasons for not undertaking a consultation under subsection (1).