Explanatory Notes

Islands (Scotland) Act 2018

2018 asp 12

6 July 2018

Overview of the Act


Duty of certain authorities in respect of policies, strategies and services

Section 10 – Compliance with section 7 duty

24.This section sets out how a relevant authority fulfils the duty to have regard to island communities imposed by section 7. Under paragraph (a) there is a general duty for a flexible and proportionate review process by requiring the authority to make such arrangements as it considers appropriate to review any of its policies, strategies or services to ensure that it complies with the section 7 duty.

25.Paragraph (b) applies in relation to individual policies, strategies or services. Under that, where the mandatory criteria under section 8(1) apply, triggering the requirement to prepare an island communities impact assessment, compliance will be demonstrated by preparing that assessment. But where those criteria do not apply, relevant authorities are left with a residual discretion on what action to take: other ways of demonstrating compliance might be, for example, through notification of the intended redevelopment of an authority’s policy to potentially affected persons in the islands; or through consultation with groups representing island communities during the delivery of a particular service.