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Introductory Text
PART 1 ALIGNMENT WITH EU LAW
1.Power to make provision corresponding to EU law
2.Purpose of maintaining and advancing standards
3.Limitations on the section 1(1) power
4.Duration of the section 1(1) power
5.Scrutiny of regulations under section 1(1)
6.Policy statement on the section 1(1) power
7.Procedure for publication of policy statement
8.Explanatory statements for regulations under section 1(1)
9.Explanatory statements: good reasons, human rights etc.
10.Reports relating to the use of the section 1(1) power
11.Consultation on reports under section 10(1)
12.Interpretation of Part 1
PART 2 ENVIRONMENT
CHAPTER 1 ENVIRONMENTAL PRINCIPLES
13.The guiding principles on the environment
14.Ministers' duties to have due regard to the guiding principles
15.Other authorities' duty to have due regard to the guiding principles
16.Purpose of the duties under sections 14 and 15
17.Guidance
18.Procedure for publication of guidance
CHAPTER 2 ENVIRONMENTAL GOVERNANCE
Establishment of Environmental Standards Scotland
19.Environmental Standards Scotland
Functions of Environmental Standards Scotland
20.Functions
21.Power to modify functions
22.Duty to prepare and publish strategy on exercise of functions
23.Co-operation duties of public authorities and Environmental Standards Scotland
Information notices
24.Power to require information
25.Failure to comply with an information notice
Improvement reports and improvement plans
26.Improvement report
27.Restrictions on preparing an improvement report
28.Content of an improvement report
29.Improvement report: procedural requirements
30.Improvement plan
Compliance notices
31.Compliance notice
32.Restrictions on issuing a compliance notice
33.Content of a compliance notice
34.Variation of a compliance notice
35.Withdrawal of a compliance notice
36.Appeal against a compliance notice
37.Failure to comply with a compliance notice
Judicial review and other civil proceedings
38.Power to apply for judicial review or intervene in civil proceedings
Disclosure of information
39.Disclosure of information to Environmental Standards Scotland
40.Confidentiality of proceedings
Duty to consult on effectiveness of governance arrangements
41.Duty to consult on effectiveness of governance arrangements
Interpretation of Chapter 2
42.Meaning of “public authority”
43.Meaning of “failing to comply with environmental law”
44.Meaning of “environmental law” and “effectiveness of environmental law”
45.Meaning of “environmental protection”, “environmental harm” and “the environment”
46.Interpretation of Chapter 2: general
CHAPTER 3 ENVIRONMENTAL POLICY STRATEGY
47.Environmental policy strategy
PART 3 GENERAL
48.Purpose and effect of this Act
49.Regulations: supplementary
50.Ancillary provision
51.Commencement
52.Repeal of Part 1 of this Act
53.Short title
SCHEDULE 1
ENVIRONMENTAL STANDARDS SCOTLAND
Independence from Ministers
1.(1) In performing its functions, Environmental Standards Scotland is not...
Appointment of members
2.(1) Environmental Standards Scotland is to consist of—
Persons who may not be members
3.(1) The Scottish Ministers may not appoint a person as...
Members' remuneration and expenses
4.(1) Environmental Standards Scotland may pay— (a) its members, and...
Early termination of membership
5.(1) A person's membership of Environmental Standards Scotland ends if—...
Chief executive and other staff
6.(1) Environmental Standards Scotland is to have, as a member...
Committees
7.(1) Environmental Standards Scotland may establish committees.
Authority to perform functions
8.(1) Environmental Standards Scotland may authorise— (a) any of its...
Regulation of procedure
9.Environmental Standards Scotland may regulate its own procedure (including quorum)...
Validity of things done
10.The validity of anything done by Environmental Standards Scotland or...
General powers
11.Environmental Standards Scotland may do anything which appears to it—...
Annual report
12.(1) Environmental Standards Scotland must, as soon as practicable after...
Resources
13.(1) The Scottish Ministers must seek to ensure that the...
Initial members: transitional provision
14.(1) This paragraph applies if— (a) before the commencement date,...
Application of legislation relating to public bodies
15.(1) In schedule 3 of the Ethical Standards in Public...
SCHEDULE 2
ENVIRONMENTAL STANDARDS SCOTLAND: STRATEGY
Content
1.(1) The strategy prepared and published under section 22(1) must...
Procedure for publication of strategy
2.(1) Before publishing the strategy under section 22(1), Environmental Standards...
Publication of first strategy and interim strategy
3.(1) Sub-paragraphs (2) and (3) apply to the publication of...
Review of strategy
4.(1) Environmental Standards Scotland— (a) must, from time to time,...