xmlns:atom="http://www.w3.org/2005/Atom"

Scottish Statutory Instruments

2015 No. 52 (C. 9)

Regulatory Reform

Environmental Protection

The Regulatory Reform (Scotland) Act 2014 (Commencement No. 2 and Transitional Provision) Order 2015

Made

4th February 2015

Laid before the Scottish Parliament

6th February 2015

Coming into force

26th February 2015

The Scottish Ministers make the following Order in exercise of the powers conferred by section 61(2) and (3) of the Regulatory Reform (Scotland) Act 2014(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Regulatory Reform (Scotland) Act 2014 (Commencement No. 2 and Transitional Provision) Order 2015 and comes into force on 26th February 2015.

(2) In this Order, “the 2014 Act” means the Regulatory Reform (Scotland) Act 2014.

Appointed days

2.—(1) 26th February 2015 is the day appointed for the coming into force of section 54 (marine licence applications etc.: proceedings to question validity of decisions) of the 2014 Act.

(2) 1st October 2015 is the day appointed for the coming into force of paragraph 6 of schedule 3 (minor and consequential modifications) to the 2014 Act and, only in so far as necessary for the purpose of commencing that paragraph, section 57 (consequential modifications and repeals) of the 2014 Act.

Transitional provision

3.  Section 63A of the Marine (Scotland) Act 2010(2) does not apply in relation to a decision made before 26th February 2015.

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew’s House,

Edinburgh

4th February 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force certain provisions of the Regulatory Reform (Scotland) Act 2014 (“the 2014 Act”).

Article 2(1) of the Order brings into force section 54 of the 2014 Act on 26th February 2015. Section 54 of the 2014 Act amends the Marine (Scotland) Act 2010 (“the 2010 Act”) by amending section 38 and inserting new sections 63A and 63B. Transitional provision is made by article 3 of this Order to provide that the newly inserted provisions of the 2010 Act do not apply in relation to marine licensing decisions made under sections 28 and 29 of the 2010 Act that are made before 26th February 2015 and which concern electricity generating station applications.

Article 2(2) of the Order brings into force paragraph 6 of schedule 3 to the 2014 Act on 1st October 2015 and, only in so far as necessary for the purpose of commencing that paragraph, section 57 of that Act. Paragraph 6 of schedule 3 amends section 136A of the Merchant Shipping Act 1995 (c.21) (“the 1995 Act”) (discharges etc. authorised under other enactments). Section 136A of the 1995 Act was added by paragraph 13 of Schedule 2 to the Pollution Prevention and Control Act 1999 (c.24).

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.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The provisions of the 2014 Act commenced by an earlier commencement order are detailed in the table below.

ProvisionDate of CommencementS.S.I. No.
Sections 1 to 5330th June 20142014/160
Sections 55 and 5630th June 20142014/160
Section 57 (partially)30th June 2014 and 1st April 20152014/160
Schedule 130th June 20142014/160
Schedule 230th June 20142014/160
Schedule 3—
Paragraphs 2 to 530th June 20142014/160
Paragraph 730th June 20142014/160
Paragraph 8(1) and (2)30th June 20142014/160
Paragraph 930th June 20142014/160
Paragraph 11(1) to (3)30th June 20142014/160
Paragraph 11(4)1st April 20152014/160
Paragraphs 12 to 2330th June 20142014/160
Paragraphs 25 to 4430th June 20142014/160
(2)

2010 asp 5. Section 63A of the Marine (Scotland) Act 2010 was inserted by section 54(3) of the Regulatory Reform (Scotland) Act 2014.