UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021

1. Introductory Text

2. PART 1 ALIGNMENT WITH EU LAW

   1. 1. Power to make provision corresponding to EU law

   2. 2. Purpose of maintaining and advancing standards

   3. 3. Limitations on the section 1(1) power

   4. 4. Duration of the section 1(1) power

   5. 5. Scrutiny of regulations under section 1(1)

   6. 6. Policy statement on the section 1(1) power

   7. 7. Procedure for publication of policy statement

   8. 8. Explanatory statements for regulations under section 1(1)

   9. 9. Explanatory statements: good reasons, human rights etc.

   10. 10. Reports relating to the use of the section 1(1) power

   11. 11. Consultation on reports under section 10(1)

   12. 12. Interpretation of Part 1

3. PART 2 ENVIRONMENT

   1. CHAPTER 1 ENVIRONMENTAL PRINCIPLES

      1. 13. The guiding principles on the environment

      2. 14. Ministers' duties to have due regard to the guiding principles

      3. 15. Other authorities' duty to have due regard to the guiding principles

      4. 16. Purpose of the duties under sections 14 and 15

      5. 17. Guidance

      6. 18. Procedure for publication of guidance

   2. CHAPTER 2 ENVIRONMENTAL GOVERNANCE

      1. Establishment of Environmental Standards Scotland

         1. 19. Environmental Standards Scotland

      2. Functions of Environmental Standards Scotland

         1. 20. Functions

         2. 21. Power to modify functions

         3. 22. Duty to prepare and publish strategy on exercise of functions

         4. 23. Co-operation duties of public authorities and Environmental Standards Scotland

      3. Information notices

         1. 24. Power to require information

         2. 25. Failure to comply with an information notice

      4. Improvement reports and improvement plans

         1. 26. Improvement report

         2. 27. Restrictions on preparing an improvement report

         3. 28. Content of an improvement report

         4. 29. Improvement report: procedural requirements

         5. 30. Improvement plan

      5. Compliance notices

         1. 31. Compliance notice

         2. 32. Restrictions on issuing a compliance notice

         3. 33. Content of a compliance notice

         4. 34. Variation of a compliance notice

         5. 35. Withdrawal of a compliance notice

         6. 36. Appeal against a compliance notice

         7. 37. Failure to comply with a compliance notice

      6. Judicial review and other civil proceedings

         1. 38. Power to apply for judicial review or intervene in civil proceedings

      7. Disclosure of information

         1. 39. Disclosure of information to Environmental Standards Scotland

         2. 40. Confidentiality of proceedings

      8. Duty to consult on effectiveness of governance arrangements

         1. 41. Duty to consult on effectiveness of governance arrangements

      9. Interpretation of Chapter 2

         1. 42. Meaning of “public authority”

         2. 43. Meaning of “failing to comply with environmental law”

         3. 44. Meaning of “environmental law” and “effectiveness of environmental law”

         4. 45. Meaning of “environmental protection”, “environmental harm” and “the environment”

         5. 46. Interpretation of Chapter 2: general

   3. CHAPTER 3 ENVIRONMENTAL POLICY STRATEGY

      1. 47. Environmental policy strategy

4. PART 3 GENERAL

   1. 48. Purpose and effect of this Act

   2. 49. Regulations: supplementary

   3. 50. Ancillary provision

   4. 51. Commencement

   5. 52. Repeal of Part 1 of this Act

   6. 53. Short title

5. 1. SCHEDULE 1

      ENVIRONMENTAL STANDARDS SCOTLAND

      1. Independence from Ministers

         1. 1. (1) In performing its functions, Environmental Standards Scotland is not...

      2. Appointment of members

         1. 2. (1) Environmental Standards Scotland is to consist of—

      3. Persons who may not be members

         1. 3. (1) The Scottish Ministers may not appoint a person as...

      4. Members' remuneration and expenses

         1. 4. (1) Environmental Standards Scotland may pay— (a) its members, and...

      5. Early termination of membership

         1. 5. (1) A person's membership of Environmental Standards Scotland ends if—...

      6. Chief executive and other staff

         1. 6. (1) Environmental Standards Scotland is to have, as a member...

      7. Committees

         1. 7. (1) Environmental Standards Scotland may establish committees.

      8. Authority to perform functions

         1. 8. (1) Environmental Standards Scotland may authorise— (a) any of its...

      9. Regulation of procedure

         1. 9. Environmental Standards Scotland may regulate its own procedure (including quorum)...

      10. Validity of things done

          1. 10. The validity of anything done by Environmental Standards Scotland or...

      11. General powers

          1. 11. Environmental Standards Scotland may do anything which appears to it—...

      12. Annual report

          1. 12. (1) Environmental Standards Scotland must, as soon as practicable after...

      13. Resources

          1. 13. (1) The Scottish Ministers must seek to ensure that the...

      14. Initial members: transitional provision

          1. 14. (1) This paragraph applies if— (a) before the commencement date,...

      15. Application of legislation relating to public bodies

          1. 15. (1) In schedule 3 of the Ethical Standards in Public...

   2. SCHEDULE 2

      ENVIRONMENTAL STANDARDS SCOTLAND: STRATEGY

      1. Content

         1. 1. (1) The strategy prepared and published under section 22(1) must...

      2. Procedure for publication of strategy

         1. 2. (1) Before publishing the strategy under section 22(1), Environmental Standards...

      3. Publication of first strategy and interim strategy

         1. 3. (1) Sub-paragraphs (2) and (3) apply to the publication of...

      4. Review of strategy

         1. 4. (1) Environmental Standards Scotland— (a) must, from time to time,...