UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021

Procedure for publication of strategy S

2 (1) Before publishing the strategy under section 22(1), Environmental Standards Scotland must lay a copy of the strategy before the Scottish Parliament for approval. S

(2) Environmental Standards Scotland must not publish the strategy before the end of the 40-day period mentioned in sub-paragraph (5).

(3) Before laying a copy of the strategy before the Scottish Parliament under sub-paragraph (1), Environmental Standards Scotland must—

(a) consult the following persons on a draft of the strategy—

(i) each public authority in relation to whom Environmental Standards Scotland has functions under section 20(1),

(ii) any other person whom Environmental Standards Scotland considers is likely to have an interest in the exercise of its functions, and

(iii) the general public, and

(b) send a copy of the strategy that is to be laid before the Parliament to the Scottish Ministers before the end of the period of 6 weeks beginning with the day after the day on which the consultation ends.

(4) When laying a copy of the strategy before the Scottish Parliament under sub-paragraph (1), Environmental Standards Scotland must at the same time lay before the Parliament a statement setting out—

(a) details of the consultation on a draft of the strategy that was carried out under sub-paragraph (3)(a),

(b) a summary of any views expressed in response to the consultation, and

(c) either—

(i) details of how those views (if any) have been taken into account in preparing the strategy that is laid before the Parliament, or

(ii) a statement that no views were expressed in response to the consultation or that no account has been taken of views expressed.

(5) If, within 40 days of a copy of the strategy having been laid before the Scottish Parliament under sub-paragraph (1), the Parliament resolves that the strategy should not be approved, Environmental Standards Scotland must not publish the strategy but instead—

(a) review and revise the strategy, having regard to any views expressed by the Parliament in relation to the strategy, and

(b) lay a copy of a revised strategy before the Parliament before the end of the period of 3 months beginning with the date on which the Parliament resolved not to approve the strategy.

(6) Sub-paragraph (5) applies in relation to any strategy revised under that sub-paragraph as it applies in relation to the first strategy.

(7) In calculating the period of 40 days mentioned in sub-paragraph (5), no account is to be taken of any period during which the Parliament is dissolved or in recess for more than 4 days.

Commencement Information

I1 Sch. 2 para. 2 in force at 1.10.2021 by S.S.I. 2021/304, reg. 2(c)