The Financial Assistance for Environmental Purposes (Scotland) Order 2022

Scottish Statutory Instruments

2022 No. 8

Environmental Protection

The Financial Assistance for Environmental Purposes (Scotland) Order 2022

Made

17th January 2022

Laid before the Scottish Parliament

19th January 2022

Coming into force

9th March 2022

The Scottish Ministers make the following Order in exercise of the powers conferred by section 153(4) of the Environmental Protection Act 1990(1) and all other powers enabling them to do so.

Citation, Commencement and Extent

1.—(1) This Order may be cited as the Financial Assistance for Environmental Purposes (Scotland) Order 2022 and comes into force on 9 March 2022.

(2) This Order extends to Scotland only.

Variation of section 153(1) of the Environmental Protection Act 1990

2.  After paragraph (z3) of section 153(1) of the Environmental Protection Act 1990 (financial assistance for environmental purposes)(2) insert—

“(z4) a regional land use partnership as defined in section 35(7) of the Climate Change (Scotland) Act 2009(3), so far as its activities relate to the protection, improvement or better understanding of the environment;

(z5) any scheme, programme or organisation for the purposes of assessing—

(i) greenhouse gas emissions from land (including from the use of land),

(ii) the potential for reducing those emissions;

(z6) any scheme, programme or organisation for the purposes of assessing—

(i) biodiversity supported by land,

(ii) the potential for improving that diversity;

(z7) any scheme, programme or organisation for the purposes of assessing—

(i) soil quality,

(ii) the potential for improving the capacity of soil to support life (whether directly or indirectly).”.

MAIRI MCALLAN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

17th January 2022

EXPLANATORY NOTE

(This note is not part of the Order)

This Order varies section 153(1) of the Environmental Protection Act 1990 by adding further descriptions of matters for which the Scottish Ministers may give financial assistance.

A Business and Regulatory Impact Assessment has not been provided for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1990 c. 43 The functions of the Secretary of State, in or as regards Scotland, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

Paragraph (z3) was inserted by S.S.I. 2020/409. The requirement to obtain Treasury consent for the giving of financial assistance under section 153(1) was removed by section 55 of the Scotland Act 1998 (c. 46).

(3)

2009 asp 12.