The Regulatory Reform (Scotland) Act 2014 (Commencement No. 1 and Transitional Provision) Order 2014

JurisdictionScotland
CitationSSI 2014/160

2014No. 160 (C. 11)

REGULATORY REFORM

ENVIRONMENTAL PROTECTION

The Regulatory Reform (Scotland) Act 2014 (Commencement No. 1 and Transitional Provision) Order 2014

4thJune2014

6thJune2014

30thJune2014

The Scottish Ministers make the following Order in exercise of the powers conferred by section 61(2) of the Regulatory Reform (Scotland) Act 2014( 1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1. (1) This Order may be cited as the Regulatory Reform (Scotland) Act 2014 (Commencement No. 1 and Transitional Provision) Order 2014 and comes into force on 30th June 2014.

(2) In this Order-

"the 1982 Act" means the Civic Government (Scotland) Act 1982( 2); and

"the 2014 Act" means the Regulatory Reform (Scotland) Act 2014.

Appointed days

2. (1) Subject to paragraph (2), 30th June 2014 is the day appointed for the coming into force of the provisions of the 2014 Act specified in column 1 of the Schedule (the subject-matter of which is described in column 2 of the Schedule).

(2) Where a purpose is specified in column 3 of the Schedule in relation to any provision specified in column 1 of the Schedule, that provision comes into force on 30th June 2014 for that purpose only.

(3) 1st April 2015 is the day appointed for the coming into force of paragraph 11(4) of schedule 3 to the 2014 Act and, only in so far as necessary for the purpose of commencing that sub-paragraph, section 57 (consequential modifications and repeals) of the 2014 Act.

Transitional provision

3. (1) Paragraph (2) applies in the case of an application for a street trader's licence under section 39( 3) of the 1982 Act which-

(a) requires to be accompanied by a certificate under subsection (4) of that section; and(b) is made before 30th June 2014.

(2) The licensing authority may accept a certificate under subsection (4) of section 39 of the 1982 Act if it has been issued by the food authority which is-

(a) the food authority referred to in that subsection after amendment by section 56 of the 2014 Act; or(b) the food authority referred to in that subsection as it stood prior to that amendment.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

4th June 2014

SCHEDULE

Article 2(1) and (2)

PROVISIONS OF 2014 ACT COMING INTO FORCE ON 30TH JUNE 2014

Column 1

Provisions of the 2014 Act

Column 2

Subject-matter

Column 3

Purpose

Section 1

Power as respects consistency in regulatory functions

Section 2

Regulations under section 1: further provision

Section 3

Regulations under section 1: compliance and enforcement

Section 4

Regulators' duty in respect of sustainable economic growth

Section 5

Code of practice

Section 6

Code of practice: procedure

Section 7

Power to modify schedule 1

Section 8

Scope of Part 2

Section 9

Meaning of "relevant function"

Section 10

Nomination of primary authorities

Section 11

Nomination of primary authorities: conditions and registers

Section 12

Primary authorities: power to make further provision

Section 13

Advice and guidance

Section 14

Power to charge

Section 15

Guidance

Section 16

General purpose: protecting and improving the environment

Section 17

Meaning of expressions used in section 16 and schedule 2

Section 18

Regulations relating to protecting and improving the environment

Section 19

Regulations relating to protecting and improving the environment: consultation

Section 20

Fixed monetary penalties

Section 21

Fixed monetary penalties: procedure

Section 22

Fixed monetary penalties: effect on criminal proceedings

etc.

Section 23

Variable monetary penalties

Section 24

Variable monetary penalties: procedure

Section 25

Variable monetary penalties: effect on criminal proceedings etc.

Section 26

Undertakings under section 24: non-compliance penalties

Section 27

Enforcement undertakings

Section 28

Combination of sanctions

Section 29

Monetary penalties

Section 30

Costs recovery

Section 31

Guidance as to use of enforcement measures

Section 32

Publication of enforcement action

Section 33

Interpretation of Chapter 2

Section 34

Compensation orders against persons convicted of relevant offences

Section 35

Fines for relevant offences: court to consider financial benefits

Section 36

Power to order conviction etc. for offence to be publicised

Section 37

Corporate offending

Section 38

Vicarious liability for certain offences by employees and agents

Section 39

Liability where activity carried out by arrangement with another

Section 40

Significant environmental harm: offence

Section 41

Power of court to order offence to be remedied

Section 42

Corporate offending

Section 43

Offences relating to supply of carrier bags: fixed penalty notices

Section 44

Orders under sections 36 and 41: prosecutor's right of appeal

Section 45

Contaminated land and special sites

Section 46

Amendment of powers under section 108 of Environment Act 1995

Section 47

Carriers of controlled waste: offences by partnerships affecting registration

Section 48

Waste management licences: offences by partnerships

Section 49

Duty of local authorities in relation to air quality assessments etc.

Section 50

Smoke control areas: authorised fuels and exempt fireplaces

Section 51

General purpose of

SEPA

Section 52

Annual report on operation of Part 3

Section 53

Meaning of "relevant offence" and "SEPA" in Part 3

Section 55

Planning authorities' functions: charges and fees

Section 56

Application for street trader's licence: food businesses

Section 57

Consequential modifications and repeals

For the purpose of commencing paragraphs 2 to 5, 7, 8(1) and (2), 9, 11(1) to (3), 12 to 23 and 25 to 44 of schedule 3 to the 2014 Act

Schedule 1

Regulators for the purposes of Part 1

Schedule 2

Particular purposes for which provision may be made under section 18

Schedule 3, paragraphs 2 to 5, 7, 8(1) and (2), 9, 11(1) to (3), 12 to 23 and 25 to 44

Minor and consequential modifications

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force certain sections of the Regulatory Reform (Scotland) Act 2014 ("the 2014 Act"). The 2014 Act received Royal Assent on 19th February 2014 and sections 58 (subordinate legislation), 59 (ancillary provision), 60 (Crown application), 61 (commencement) and 62 (short title) came into force the day after Royal Assent.

This is the first commencement order. Article 2(1) of the Order appoints 30th June 2014 for the coming into force of sections 1 to 53, 55 and 56 of, and schedules 1 and 2 to, the 2014 Act. This provision also brings into force paragraphs 2 to 5, 7, 8(1) and (2), 9, 11(1) to (3), 12 to 23 and 25 to 44 of schedule 3 to the 2014 Act. Article 2(1) and (2) of the Order brings section 57 of the 2014 Act into force on 30th June 2014 for the purposes of commencing those paragraphs of schedule 3 listed above.

Article 2(3) of the Order appoints 1st April 2015 for the coming into force of paragraph 11(4) of schedule 3 to, and section 57 of, the 2014 Act for...

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