Islands (Scotland) Act 2018

15 Scheme for requests by local authorities for devolution of functions

(1) The Scottish Ministers must by regulations establish a scheme for the making by a local authority listed in the schedule of a request to them to promote legislation devolving a function to the authority.

(2) Regulations under subsection (1) must include provision specifying—

(a) the manner and form in which a request is to be made,

(b) the information that an authority must provide when making a request,

(c) the process by which, and the period within which, the Scottish Ministers must consider and decide on the request,

(d) the actions which the Scottish Ministers must take following their decision to approve or reject the request,

(e) the period within which those actions must be taken,

(f) that a decision of the Scottish Ministers to devolve a function following a request may be a decision to devolve that function to the authority that made that request or to that authority and to one or more of the other local authorities listed in the schedule,

(g) the manner, form and period within which an authority may appeal against decisions of the Scottish Ministers in relation to a request.

(3) Regulations under subsection (1) may include provision—

(a) specifying consultation to be undertaken by an authority before making a request,

(b) that the information mentioned in subsection (2)(b) must include—

(i) information identifying the outcomes that would be improved by virtue of devolution of the function requested,

(ii) evidence of community support (including the support of island communities) for the promotion of such devolution.

(4) Before laying a draft of regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult—

(a) each local authority listed in the schedule,

(b) such other persons as they consider appropriate.