Scottish Statutory Instruments
Regulatory Reform
Environmental Protection
Made
4th June 2014
Laid before the Scottish Parliament
6th June 2014
Coming into force
30th June 2014
The Scottish Ministers make the following Order in exercise of the powers conferred by section 61(2) of the Regulatory Reform (Scotland) Act 2014(1) and all other powers enabling them to do so.
1.—(1) This Order may be cited as the Regulatory Reform (Scotland) Act 2014 (Commencement No. 1 and Transitional Provision) Order 2014 and comes into force on 30th June 2014.
(2) In this Order—
“the 1982 Act” means the Civic Government (Scotland) Act 1982(2); and
“the 2014 Act” means the Regulatory Reform (Scotland) Act 2014.
2.—(1) Subject to paragraph (2), 30th June 2014 is the day appointed for the coming into force of the provisions of the 2014 Act specified in column 1 of the Schedule (the subject-matter of which is described in column 2 of the Schedule).
(2) Where a purpose is specified in column 3 of the Schedule in relation to any provision specified in column 1 of the Schedule, that provision comes into force on 30th June 2014 for that purpose only.
(3) 1st April 2015 is the day appointed for the coming into force of paragraph 11(4) of schedule 3 to the 2014 Act and, only in so far as necessary for the purpose of commencing that sub-paragraph, section 57 (consequential modifications and repeals) of the 2014 Act.
3.—(1) Paragraph (2) applies in the case of an application for a street trader’s licence under section 39(3) of the 1982 Act which—
(a)requires to be accompanied by a certificate under subsection (4) of that section; and
(b)is made before 30th June 2014.
(2) The licensing authority may accept a certificate under subsection (4) of section 39 of the 1982 Act if it has been issued by the food authority which is—
(a)the food authority referred to in that subsection after amendment by section 56 of the 2014 Act; or
(b)the food authority referred to in that subsection as it stood prior to that amendment.
FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
4th June 2014
Article 2(1) and (2)
Column 1 Provisions of the 2014 Act | Column 2 Subject-matter | Column 3 Purpose |
|---|---|---|
| Section 1 | Power as respects consistency in regulatory functions | |
| Section 2 | Regulations under section 1: further provision | |
| Section 3 | Regulations under section 1: compliance and enforcement | |
| Section 4 | Regulators’ duty in respect of sustainable economic growth | |
| Section 5 | Code of practice | |
| Section 6 | Code of practice: procedure | |
| Section 7 | Power to modify schedule 1 | |
| Section 8 | Scope of Part 2 | |
| Section 9 | Meaning of “relevant function” | |
| Section 10 | Nomination of primary authorities | |
| Section 11 | Nomination of primary authorities: conditions and registers | |
| Section 12 | Primary authorities: power to make further provision | |
| Section 13 | Advice and guidance | |
| Section 14 | Power to charge | |
| Section 15 | Guidance | |
| Section 16 | General purpose: protecting and improving the environment | |
| Section 17 | Meaning of expressions used in section 16 and schedule 2 | |
| Section 18 | Regulations relating to protecting and improving the environment | |
| Section 19 | Regulations relating to protecting and improving the environment: consultation | |
| Section 20 | Fixed monetary penalties | |
| Section 21 | Fixed monetary penalties: procedure | |
| Section 22 | Fixed monetary penalties: effect on criminal proceedings etc. | |
| Section 23 | Variable monetary penalties | |
| Section 24 | Variable monetary penalties: procedure | |
| Section 25 | Variable monetary penalties: effect on criminal proceedings etc. | |
| Section 26 | Undertakings under section 24: non-compliance penalties | |
| Section 27 | Enforcement undertakings | |
| Section 28 | Combination of sanctions | |
| Section 29 | Monetary penalties | |
| Section 30 | Costs recovery | |
| Section 31 | Guidance as to use of enforcement measures | |
| Section 32 | Publication of enforcement action | |
| Section 33 | Interpretation of Chapter 2 | |
| Section 34 | Compensation orders against persons convicted of relevant offences | |
| Section 35 | Fines for relevant offences: court to consider financial benefits | |
| Section 36 | Power to order conviction etc. for offence to be publicised | |
| Section 37 | Corporate offending | |
| Section 38 | Vicarious liability for certain offences by employees and agents | |
| Section 39 | Liability where activity carried out by arrangement with another | |
| Section 40 | Significant environmental harm: offence | |
| Section 41 | Power of court to order offence to be remedied | |
| Section 42 | Corporate offending | |
| Section 43 | Offences relating to supply of carrier bags: fixed penalty notices | |
| Section 44 | Orders under sections 36 and 41: prosecutor’s right of appeal | |
| Section 45 | Contaminated land and special sites | |
| Section 46 | Amendment of powers under section 108 of Environment Act 1995 | |
| Section 47 | Carriers of controlled waste: offences by partnerships affecting registration | |
| Section 48 | Waste management licences: offences by partnerships | |
| Section 49 | Duty of local authorities in relation to air quality assessments etc. | |
| Section 50 | Smoke control areas: authorised fuels and exempt fireplaces | |
| Section 51 | General purpose of SEPA | |
| Section 52 | Annual report on operation of Part 3 | |
| Section 53 | Meaning of “relevant offence” and “SEPA” in Part 3 | |
| Section 55 | Planning authorities’ functions: charges and fees | |
| Section 56 | Application for street trader’s licence: food businesses | |
| Section 57 | Consequential modifications and repeals | For the purpose of commencing paragraphs 2 to 5, 7, 8(1) and (2), 9, 11(1) to (3), 12 to 23 and 25 to 44 of schedule 3 to the 2014 Act |
| Schedule 1 | Regulators for the purposes of Part 1 | |
| Schedule 2 | Particular purposes for which provision may be made under section 18 | |
| Schedule 3, paragraphs 2 to 5, 7, 8(1) and (2), 9, 11(1) to (3), 12 to 23 and 25 to 44 | Minor and consequential modifications |
(This note is not part of the Order)
This Order brings into force certain sections of the Regulatory Reform (Scotland) Act 2014 (“the 2014 Act”). The 2014 Act received Royal Assent on 19th February 2014 and sections 58 (subordinate legislation), 59 (ancillary provision), 60 (Crown application), 61 (commencement) and 62 (short title) came into force the day after Royal Assent.
This is the first commencement order. Article 2(1) of the Order appoints 30th June 2014 for the coming into force of sections 1 to 53, 55 and 56 of, and schedules 1 and 2 to, the 2014 Act. This provision also brings into force paragraphs 2 to 5, 7, 8(1) and (2), 9, 11(1) to (3), 12 to 23 and 25 to 44 of schedule 3 to the 2014 Act. Article 2(1) and (2) of the Order brings section 57 of the 2014 Act into force on 30th June 2014 for the purposes of commencing those paragraphs of schedule 3 listed above.
Article 2(3) of the Order appoints 1st April 2015 for the coming into force of paragraph 11(4) of schedule 3 to, and section 57 of, the 2014 Act for the purpose of commencing paragraph 11(4).
Article 3 makes transitional provision in relation to relevant applications for a street trader’s licence made before 30th June 2014.
Prior to amendment by section 56 of the Regulatory Reform (Scotland) Act 2014, section 39 had been amended by the Food Safety Act 1990 (c.16), Schedule 3, paragraph 25 and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 175.