Regulatory Reform (Scotland) Act 2014
2014 asp 3 · Enacted 19 February 2014 · Extends to Scotland
An Act of the Scottish Parliament to enable provision to be made for the purpose of promoting regulatory consistency; to make provision in relation to primary authorities; to enable provision to be made, and to make provision, as respects regulatory activities, and offences, relating to the environment; to make provision about regulatory functions relating to marine licensing, planning and street traders' licences; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 16th January 2014 and received Royal Assent on 19th February 2014C1
Annotations to the whole text
Modifications
- C1
Act excluded (1.4.2015) by Landfill Tax (Scotland) Act 2014 (asp 2), ss. 12(4), 43(2) (with s. 42); S.S.I. 2015/109, art. 2 (with art. 3)
Contents
- Part 1: REGULATORY FUNCTIONS
- Regulations to encourage or improve regulatory consistency
- 1Power as respects consistency in regulatory functions
- 2Regulations under section 1: further provision
- Compliance and enforcement
- 3Regulations under section 1: compliance and enforcement
- Exercise of regulatory functions: economic duty and code of practice
- 4Regulators' duty in respect of sustainable economic growth
- 5Code of practice
- 6Code of practice: procedure
- Power to modify list of regulators
- 7Power to modify schedule 1
- Part 2: PRIMARY AUTHORITIES
- 8Scope of Part 2
- 9Meaning of “relevant function”
- 10Nomination of primary authorities
- 11Nomination of primary authorities: conditions and registers
- 12Primary authorities: power to make further provision
- 13Advice and guidance
- 14Power to charge
- 15Guidance
- Part 3: ENVIRONMENTAL REGULATION
- Chapter 1: REGULATIONS FOR PROTECTING AND IMPROVING THE ENVIRONMENT
- 16General purpose: protecting and improving the environment
- 17Meaning of expressions used in section 16 and schedule 2
- 18Regulations relating to protecting and improving the environment
- 19Regulations relating to protecting and improving the environment: consultation
- Chapter 2: SEPA'S POWERS OF ENFORCEMENT
- Fixed monetary penalties
- 20Fixed monetary penalties
- 21Fixed monetary penalties: procedure
- 22Fixed monetary penalties: effect on criminal proceedings etc.
- Variable monetary penalties
- 23Variable monetary penalties
- 24Variable monetary penalties: procedure
- 25Variable monetary penalties: effect on criminal proceedings etc.
- Non-compliance penalties
- 26Undertakings under section 24: non-compliance penalties
- Enforcement undertakings
- 27Enforcement undertakings
- Operation of penalties and cost recovery
- 28Combination of sanctions
- 29Monetary penalties
- 30Costs recovery
- Guidance
- 31Guidance as to use of enforcement measures
- Publication of enforcement action
- 32Publication of enforcement action
- Interpretation of Chapter 2
- 33Interpretation of Chapter 2
- Chapter 3: COURT POWERS
- Compensation orders
- 34Compensation orders against persons convicted of relevant offences
- Fines
- 35Fines for relevant offences: court to consider financial benefits
- Publicity orders
- 36Power to order conviction etc. for offence to be publicised
- 37Corporate offending
- Chapter 4: MISCELLANEOUS
- Vicarious liability
- 38Vicarious liability for certain offences by employees and agents
- 39Liability where activity carried out by arrangement with another
- Offence relating to significant environmental harm
- 40Significant environmental harm: offence
- 41Power of court to order offence to be remedied
- 42Corporate offending
- Offences relating to supply of carrier bags: fixed penalty notices
- 43Offences relating to supply of carrier bags: fixed penalty notices
- Publicity and remediation orders: appeals by prosecutor
- 44Orders under sections 36 and 41: prosecutor's right of appeal
- Contaminated land and special sites
- 45Contaminated land and special sites
- Amendment of powers under section 108 of Environment Act 1995
- 46Amendment of powers under section 108 of Environment Act 1995
- Authorisations relating to waste management: offences by partnerships
- 47Carriers of controlled waste: offences by partnerships affecting registration Repealed
- 48Waste management licences: offences by partnerships Repealed
- Air quality assessments
- 49Duty of local authorities in relation to air quality assessments etc.
- Smoke control areas: fuels and fireplaces
- 50Smoke control areas: authorised fuels and exempt fireplaces
- Chapter 5: GENERAL PURPOSE OF SEPA
- 51General purpose of SEPA
- Chapter 6: REPORTING AND INTERPRETATION: PART 3
- 52Annual report on operation of Part 3
- 53Meaning of “relevant offence” and “SEPA” in Part 3
- Part 4: MISCELLANEOUS
- Marine licensing decisions
- 54Marine licence applications etc.: proceedings to question validity of decisions
- Planning authorities' functions: charges and fees
- 55Planning authorities' functions: charges and fees
- Street traders' licences
- 56Application for street trader's licence: food businesses
- Part 5: GENERAL
- 57Consequential modifications and repeals
- 58Subordinate legislation
- 59Ancillary provision
- 60Crown application
- 61Commencement
- 62Short title
- Schedule 1: REGULATORS FOR THE PURPOSES OF PART 1
- Paragraph
- Schedule 2: PARTICULAR PURPOSES FOR WHICH PROVISION MAY BE MADE UNDER SECTION 18
- Part 1: LIST OF PURPOSES
- Environmental activities
- 1Paragraph 1
- Emissions
- 2Paragraph 2
- Regulators
- 3Paragraph 3
- Regulation of activities
- 4Paragraph 4
- Permits
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Registration
- 10Paragraph 10
- Provisions common to permits and registration
- 11Paragraph 11
- Notification of regulated activities
- 12Paragraph 12
- Charging schemes
- 13Paragraph 13
- Information, publicity and consultation
- 14Paragraph 14
- 14AParagraph 14A
- 15Paragraph 15
- 16Paragraph 16
- Enforcement and offences
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Appeals
- 21Paragraph 21
- General
- 22Paragraph 22
- Part 2: SUPPLEMENTARY PROVISIONS
- Particular types of regulated activity
- 23Paragraph 23
- Emissions trading scheme
- 24Paragraph 24
- General binding rules
- 25Paragraph 25
- Determination of matters by regulators
- 26Paragraph 26
- Determination of rules and imposition of conditions
- 27Paragraph 27
- Charging schemes
- 28Paragraph 28
- Fit and proper persons
- 29Paragraph 29
- ...
- 30Paragraph 30 Repealed
- Offences
- 31Paragraph 31
- Service of notices
- 32Paragraph 32
- Powers exercisable in the regulations
- 33Paragraph 33
- Interpretation
- 34Paragraph 34
- Schedule 3: MINOR AND CONSEQUENTIAL MODIFICATIONS
- Part 1: REGULATION OF ENVIRONMENTAL ACTIVITIES ETC.
- Sewerage (Scotland) Act 1968 Not yet in force
- 1Paragraph 1 Not yet in force
- Prevention of Oil Pollution Act 1971
- 2Paragraph 2
- Environmental Protection Act 1990
- 3Paragraph 3
- Clean Air Act 1993
- 4Paragraph 4
- Environment Act 1995
- 5Paragraph 5
- Merchant Shipping Act 1995
- 6Paragraph 6
- Pollution Prevention and Control Act 1999
- 7Paragraph 7
- Water Environment and Water Services (Scotland) Act 2003
- 8Paragraph 8
- Water Services etc. (Scotland) Act 2005
- 9Paragraph 9
- Water Resources (Scotland) Act 2013 Not yet in force
- 10Paragraph 10 Not yet in force
- Part 2: ENFORCEMENT OF REGULATIONS ON ENVIRONMENTAL ACTIVITIES ETC.
- Environmental Protection Act 1990
- 11Paragraph 11
- Criminal Procedure (Scotland) Act 1995
- 12Paragraph 12
- Reservoirs (Scotland) Act 2011
- 13Paragraph 13
- Part 3: PURPOSES OF SEPA
- Environment Act 1995
- 14Paragraph 14
- Water Industry (Scotland) Act 2002
- 15Paragraph 15
- Part 4: CONTROL OF POLLUTION ACT 1974
- 16Paragraph 16
- Part 5: MISCELLANEOUS ENACTMENTS
- Scottish Board of Health Act 1919
- 17Paragraph 17
- Local Government (Scotland) Act 1973
- 18Paragraph 18
- Local Government, Planning and Land Act 1980
- 19Paragraph 19
- Litter Act 1983
- 20Paragraph 20
- Water Act 1989
- 21Paragraph 21
- Planning (Consequential Provisions) Act 1990
- 22Paragraph 22
- Environmental Protection Act 1990
- 23Paragraph 23
- Natural Heritage (Scotland) Act 1991 Not yet in force
- 24Paragraph 24 Not yet in force
- Agricultural Holdings (Scotland) Act 1991
- 25Paragraph 25
- Clean Air Act 1993
- 26Paragraph 26
- Radioactive Substances Act 1993
- 27Paragraph 27 Repealed
- Local Government etc. (Scotland) Act 1994
- 28Paragraph 28
- Environment Act 1995
- 29Paragraph 29
- 30Paragraph 30
- Criminal Procedure (Scotland) Act 1995
- 31Paragraph 31
- Town and Country Planning (Scotland) Act 1997
- 32Paragraph 32
- Planning (Consequential Provisions) (Scotland) Act 1997
- 33Paragraph 33
- Crime and Punishment (Scotland) Act 1997
- 34Paragraph 34
- City of Edinburgh (Guided Busways) Order Confirmation Act 1998
- 35Paragraph 35
- Pollution Prevention and Control Act 1999
- 36Paragraph 36
- Antisocial Behaviour etc. (Scotland) Act 2004
- 37Paragraph 37
- Forth Crossing Act 2011
- 38Paragraph 38
- Part 6: MODIFICATIONS OF REFERENCES TO “ENACTMENT” ETC.
- Control of Pollution Act 1974
- 39Paragraph 39
- Environmental Protection Act 1990
- 40Paragraph 40
- Natural Heritage (Scotland) Act 1991
- 41Paragraph 41
- Radioactive Substances Act 1993
- 42Paragraph 42 Repealed
- Environment Act 1995
- 43Paragraph 43
- Flood Risk Management (Scotland) Act 2009
- 44Paragraph 44