Islands (Scotland) Act 2018 Explanatory Notes

1. Introduction

2. Overview of the Act

   1. PART 1 – KEY DEFINITIONS

      1. Section 1 – Meaning of “island” and of “inhabited island”

      2. Section 2 – Meaning of “island community”

   2. PART 2 – NATIONAL ISLANDS PLAN

      1. Duty to prepare national islands plan

         1. Section 3 – National islands plan

         2. Section 4 – Preparation and scrutiny of plan

      2. Reporting on and review of plan

         1. Section 5 – Report on plan

         2. Section 6 – Review of plan

   3. PART 3 – DUTIES IN RELATION TO ISLAND COMMUNITIES

      1. Duty of certain authorities in respect of policies, strategies and services

         1. Section 7 – Duty to have regard to island communities

         2. Section 8 – Island communities impact assessment

         3. Section 9 – Reviews of decisions relating to island communities impact assessments

         4. Section 10 – Compliance with section 7 duty

      2. Guidance and reporting

         1. Section 11 – Guidance about section 7 duty

         2. Section 12 – Reporting regarding section 7 duty

      3. Duty of the Scottish Ministers in respect of legislation

         1. Section 13 – Preparation of island communities impact assessment by Ministers

         2. Section 14 – Duty of the Scottish ministers to have regard to request for retrospective island communities impact assessment

         3. Section 15 – Scheme for requests by local authorities for devolution of functions

      4. Duty of the Scottish Ministers to consult island communities

         1. Section 16 – Duty to consult island communities

      5. Shetland mapping requirement

         1. Section 17 – Shetland mapping requirement

   4. PART 4 – REPRESENTATION OF ISLAND COMMUNITIES

      1. Elections to the Scottish Parliament

         1. Section 18 – Constituency of Na h-Eileanan an Iar

      2. Local government elections

         1. Section 19 – Number of councillors in wards with inhabited islands

         2. Section 20 – Review of wards in certain local government areas

   5. PART 5 – ADDITIONAL POWERS REQUESTS

      1. Section 21 – Additional powers requests

   6. PART 6 – DEVELOPMENT IN THE SCOTTISH ISLAND MARINE AREA

      1. Key definitions

         1. Section 22 – Meaning of “development activity”

         2. Section 23 – Meaning of “Scottish island marine area”

      2. Licensing of development activities

         1. Section 24 – Scottish island marine area licence

         2. Section 25 – Exception from requirement for licence

         3. Section 26 – Crown application

   7. PART 7 – DELEGATION OF FUNCTIONS RELATING TO REGIONAL MARINE PLANS

      1. Section 27 – Delegation of functions relating to regional marine plans

   8. PART 8 – FINAL PROVISIONS

      1. Report on operation of Act

         1. Section 28 – Report on operation of Act

      2. Regulations

         1. Section 29 – Regulations

         2. Section 30 – Ancillary provision

      3. Commencement and short title

         1. Section 31 – Commencement

         2. Section 32 – Short title

   9. SCHEDULE

3. PARLIAMENTARY HISTORY