# The Environmental Regulation (Relevant Offences) (Scotland) Order 2014, Note: Explanatory note

Extent: S

(This note is not part of the Order)
This Order specifies relevant offences for the purposes of sections 34, 35, 36, 38 and 39 of the Regulatory Reform (Scotland) Act 2014 (“the Act”).
Article 2(1) provides that the offences listed in Schedule 1 are the relevant offences for the purposes of section 34 of the Act. Section 34 of the Act modifies section 249(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (compensation orders against convicted persons) where a person is convicted of a relevant offence. The modifications allow payment of compensation to a relevant person for costs incurred (or to be incurred) in preventing, reducing remediating or mitigating the effects of any harm to the environment resulting from the offence, or other harm loss damage or adverse impacts.
Article 2(2) provides that the offences listed in Schedule 2 are the relevant offences for the purposes of section 35 of the Act. Section 35 provides that, where a person is convicted of a relevant offence and the court proposes to impose a fine, the court must have regard to any financial benefit which has accrued (or is likely to accrue) as a consequence of the offence.
Article 2(3) provides that the offences listed in Schedule 3 are the relevant offences for the purposes of section 36 of the Act. Section 36 provides that, where a person is convicted of a relevant offence, the court may make a publicity order.
Article 2(4) provides that the offences listed in Schedule 4 are the relevant offences for the purposes of sections 38 and 39 of the Act. Section 38 makes provision for vicarious liability for relevant offences by employees and agents. Section 39 makes provision for liability where activity is carried out by arrangement with another.

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Source: https://www.legislation.gov.uk/ssi/2014/319/note (the official version)
Page: https://openlegislation.uk/environmental-regulation-relevant-offences-scotland-order-2014/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.