Introduction
Overview and Background
Background
The different forms of EU law and the ECA
Retained EU law
EU Law and the Scotland Act 1998
Part 1 – Alignment With Eu Law
Section 1– Power to make provision corresponding to EU law
Section 2 – Purpose of maintaining and advancing standards
Section 3 – Limitations on the section 1(1) power
Section 4 – Duration of the section 1(1) power
Section 5 – Scrutiny of regulations under section 1(1)
Section 6 – Policy statement on the section 1(1) power
Section 7 – Procedure for publication of policy statement
Sections 8 to 11 – Explanatory statements for, and reporting on, regulations under section 1(1)
Section 12 – Interpretation of Part 1
Part 2 – Environment
Chapter 1 – Environmental principles
Section 13 - The guiding principles on the environment
Section 14 - Ministers’ duties to have due regard to the guiding principles
Section 15 - Other authorities’ duty to have due regard to the guiding principles
Section 16 - Purpose of duties under sections 14 and 15
Section 17 - Guidance
Section 18 - Procedure for publication of guidance
Chapter 2 – Environmental governance
Establishment of Environmental Standards Scotland
Section 19 - Environmental Standards Scotland
Functions of Environmental Standards Scotland
Section 20 - Functions
Section 21 - Power to modify functions.
Section 22 - Duty to prepare and publish strategy on exercise of functions
Section 23 - Co-operation duties of public authorities and Environmental Standards Scotland
Information notices
Section 24 - Power to require information
Section 25 - Failure to comply with an information notice
Improvement reports and improvement plans
Section 26 - Improvement report
Section 27 - Restrictions on preparing an improvement report
Section 28 - Content of an improvement report
Section 29 - Improvement report: procedural requirements
Section 30 - Improvement plan
Compliance notices
Section 31 - Compliance notice
Section 32 - Restrictions on issuing a compliance notice
Section 33 - Content of a compliance notice
Section 34 - Variation of a compliance notice
Section 35 - Withdrawal of a compliance notice
Section 36 - Appeal against a compliance notice
Section 37 - Failure to comply with a compliance notice
Judicial review and other civil proceedings
Section 38 - Power to apply for judicial review or intervene in civil proceedings
Disclosure of information
Section 39 - Disclosure of information to Environmental Standards Scotland
Section 40 - Confidentiality of proceedings
Duty to consult on effectiveness of governance arrangements
Section 41 - Duty to consult on effectiveness of governance arrangements
Interpretation of Chapter 2
Section 42 - Meaning of “public authority”
Section 43 - Meaning of “failing to comply with environmental law”
Section 44 - Meaning of “environmental law” and “effectiveness of environmental law”
Section 45 - Meaning of “environmental protection”, “environmental harm” and “the environment”
Section 46 - Interpretation of Chapter 2: general
Chapter 3 – Environmental policy strategy
Section 47 - Environmental policy strategy
Part 3 - General
Section 48 – Purpose and effect of this Act
Section 49 – Regulations: supplementary
Section 50 – Ancillary provision
Section 51 – Commencement
Section 52 – Repeal of Part 1 of this Act
Section 53 – Short title
Schedule 1 - Environmental Standards Scotland
Independence from Ministers
Members
Chief executive and other staff
Committees and functions
Annual report
Resources
Initial members: transitional provision
Application of legislation relating to public bodies
Schedule 2 - Environmental Standards Scotland: Strategy
Content
Procedure for publication of strategy
Publication of first strategy and interim strategy
Review of strategy
Parliamentary History
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