Environmental Standards Scotland may not prepare an improvement report in respect of—
(a)a failure to comply with environmental law arising out of any decision taken by a public authority in the exercise of its regulatory functions in relation to a particular person or case (for example, a decision on an application for a licence or a decision on regulatory enforcement in a specific case), or
(b)a failure to comply with environmental law arising out of particular conduct if—
(i)it has issued a compliance notice under section 31(1) in respect of the same failure arising out of the same conduct, and
(ii)it has not subsequently withdrawn the compliance notice under section 35(1).
Commencement Information
I1S. 27 in force at 1.10.2021 by S.S.I. 2021/304, reg. 2(a)