UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021
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
1
Independence from Ministers
2
Appointment of members
3
Persons who may not be members
4
Members’ remuneration and expenses
5
Early termination of membership
6
Chief executive and other staff
7
Committees
8
Authority to perform functions
9
Regulation of procedure
10
Validity of things done
11
General powers
12
Annual report
13
Resources
14
Initial members: transitional provision
15
Application of legislation relating to public bodies
SCHEDULE 2
ENVIRONMENTAL STANDARDS SCOTLAND: STRATEGY
1
Content
2
Procedure for publication of strategy
3
Publication of first strategy and interim strategy
4
Review of strategy

UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021
2021 asp 4
An Act of the Scottish Parliament to make provision for Scotland in connection with the withdrawal of the United Kingdom from the European Union, in particular to enable provision to be made that corresponds to provision in EU law after the United Kingdom’s withdrawal; to establish guiding principles on the environment and to require public authorities to have due regard to those principles in making policies; to establish a body with the functions of ensuring compliance by public authorities with environmental law and monitoring the effectiveness of environmental law in protecting and improving the environment; to require the preparation and publication of an environmental policy strategy; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 22nd December 2020 and received Royal Assent on 29th January 2021