# Regulatory Reform (Scotland) Act 2014

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# Regulatory Reform (Scotland) Act 2014 

# 2014 asp 3                     

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 2014                     

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.                     

Modifications etc. (not altering text)

C1Act 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)

## **PART 1**SREGULATORY FUNCTIONS

### Regulations to encourage or improve regulatory consistencyS

#### 1Power as respects consistency in regulatory functionsS

(1)The Scottish Ministers may by regulations make any provision which they consider will encourage or improve consistency in                        the exercise by regulators of regulatory functions.                  

(2)Regulations under subsection (1)—                  

(a)must specify the regulators to which they apply,                  

(b)may specify regulatory functions in respect of which they are, or are not, to apply,                  

(c)may prescribe the forms, procedure or other arrangements in respect of which a regulator is to impose, set, secure compliance                        with or enforce a regulatory requirement (including the manner in which and extent to which fees may be charged or costs recovered),                  

(d)may require a regulator to co-operate, or co-ordinate activity, with other regulators or the Scottish Ministers (including                        providing information to the Scottish Ministers).                  

(3)Before making regulations under subsection (1), the Scottish Ministers must consult—                  

(a)the regulators to which the regulations would apply,                  

(b)such persons or bodies as appear to the Scottish Ministers to represent the interests of persons substantially affected by                        the proposed regulations,                  

(c)such other persons or bodies as the Scottish Ministers consider appropriate.                  

(4)For the purposes of subsection (1), “consistency” includesconsistency—                  

(a)in the way in which particular regulators, their employees or their agents impose, set, secure compliance with or enforce                        a regulatory requirement,                  

(b)in the way in which different regulators, or the employees or agents of different regulators, impose, set, secure compliance                        with or enforce a regulatory requirement.                  

(5)In this Part—                  
          -  “regulator” means a person, body or office-holder listed, or of a description listed, in schedule 1,                         
          -  “regulatory functions” means—                          (a)
functions conferred by or under any enactment of—
(i)
imposing requirements, restrictions or conditions in relation to an activity,
(ii)
setting standards or outcomes in relation to an activity, or
(iii)
giving guidance in relation to an activity, or
(b)
functions which relate to the securing of compliance with, or enforcement of, requirements, restrictions, conditions, standards,                                    outcomes or guidance which by or under any enactment relate to an activity,                                 
  but does not include any such functions exercisable by a planning authority, 
          -  “regulatory requirement” means a requirement, restriction, condition, standard or outcome (whether contained in guidance or otherwise)—                          (a)
which is to be complied with, met, attained or achieved by a person, body or office-holder whether by or under an enactment                                    (including this Act) or otherwise, and                                 
(b)
in respect of which a regulator has regulatory functions.
 

(6)In the definition of “regulatory functions” in subsection (5), “activity” includes—                  

(a)providing goods and services, and                  

(b)employing or offering employment to any person.                  

#### 2Regulations under section 1: further provisionS

(1)Regulations under section 1 (“the regulations”) may include provision requiring a regulator—                  

(a)to secure compliance with or enforce an existing regulatory requirement,                  

(b)to impose, set, secure compliance with or enforce any other regulatory requirement which the regulator proposes to, or may,                        impose or set.                  

(2)Subject to subsection (3), the regulations may also include provision—                  

(a)amending a regulatory requirement,                  

(b)for a regulatory requirement to cease to have effect (by means of repealing or revoking an enactment containing the requirement                        or otherwise),                  

(c)creating a regulatory requirement,                  

(d)requiring a regulator to create, amend or remove a regulatory requirement,                  

(e)where a regulator is required to act as mentioned in paragraph (d), imposing conditions in relation to that requirement.                  

(3)The regulations may not include provision that would—                  

(a)amend a regulatory requirement which, by or under an enactment (a “mandatory enactment”)—                  

(i)must be complied with, met, attained or achieved, and                  

(ii)a regulator is required to impose or set,                  

(b)repeal or revoke a mandatory enactment.                  

(4)But the regulations may include provision such as is mentioned in subsection (3) if the regulations otherwise make provision                        having an equivalent effect to the mandatory enactment.                  

(5)A provision in the regulations requiring a regulator to impose or set a regulatory requirement is not a mandatory enactment                        for the purposes of subsection (3) (unless such provision is included by virtue of subsection (4)).                  

(6)Where the regulations include provision such as is mentioned in subsection (2), they may also include provision preventing                        a regulator from imposing or setting a regulatory requirement—                  

(a)that amends, replaces or revokes a regulatory requirement amended or created by the regulations,                  

(b)that has an equivalent effect to a regulatory requirement which ceases to have effect by virtue of the regulations.                  

(7)Where the regulations make provision that would (but for this subsection) apply to a regulator, the Scottish Ministers may,                        if they consider it necessary or expedient, direct that, for a period no longer than that mentioned in subsection (8)—                  

(a)the provision is not to apply to the regulator, or                  

(b)the provision is to apply to the regulator—                  

(i)with such modifications as may be specified in the direction,                  

(ii)subject to such conditions as may be so specified.                  

(8)The period is that beginning with the day on which the direction is given and ending 6 months later.                  

(9)The Scottish Ministers must publish (in such manner as they consider appropriate) any direction given under subsection (7).                  

(10)Where the regulations include provision such as is mentioned in subsection (1)(b), such provision does not affect any requirement                        for the regulator to consult before imposing or setting the regulatory requirement mentioned in that subsection.                  

(11)This section is without prejudice to the generality of the power to make regulations under section 1.                  

### Compliance and enforcementS

#### 3Regulations under section 1: compliance and enforcementS

(1)A regulator to which regulations under section 1 apply must comply with the regulations except to the extent that—                  

(a)the regulator lacks the powers necessary to comply, or                  

(b)the regulations impose on the regulator a requirement that conflicts with any other obligation imposed on the regulator by                        or under an enactment.                  

(2)Where a regulator fails to comply with the regulations, the Scottish Ministers may—                  

(a)declare the regulator to have so failed, and                  

(b)direct the regulator to take such steps to remedy the failure as are specified in the direction within such reasonable period                        as may be so specified.                  

(3)Where a regulator fails to take some or all of the steps specified in a direction under subsection (2)(b), the Scottish Ministers                        may—                  

(a)take the steps,                  

(b)arrange for any other person to take the steps, or                  

(c)apply to the Court of Session for an order requiring the regulator to take the steps.                  

(4)The Scottish Ministers may recover from a regulator the costs incurred by the Scottish Ministers in relation to—                  

(a)taking steps under paragraph (a) of subsection (3),                  

(b)arranging for another person to take steps under paragraph (b) of that subsection (including costs incurred by that other                        person which the Scottish Ministers have to bear),                  

(c)an application relating to the regulator under paragraph (c) of that subsection up to the time of making the application.                  

(5)The Scottish Ministers may recover the costs mentioned in subsection (4) as a civil debt.                  

### Exercise of regulatory functions: economic duty and code of practiceS

#### 4Regulators' duty in respect of sustainable economic growthS

(1)In exercising its regulatory functions, each regulator must contribute to achieving sustainable economic growth, except to                        the extent that it would be inconsistent with the exercise of those functions to do so.                  

(2)The Scottish Ministers may give guidance to regulators with respect to the carrying out of the duty imposed by subsection                        (1).                  

(3)Regulators must have regard to guidance given under subsection (2).                  

(4)The Scottish Ministers must publish (in such manner as they consider appropriate) any such guidance.                  

(5)Subsection (1) does not apply to a regulator to the extent that the regulator is, by or under an enactment, already subject                        to a duty to the same effect as that mentioned in that subsection.                  

#### 5Code of practiceS

(1)The Scottish Ministers may issue and from time to time revise a code of practice in relation to the exercise of regulatory                        functions by a regulator.                  

(2)The Scottish Ministers must publish (in such manner as they consider appropriate) any code of practice issued under subsection                        (1).                  

(3)A code of practice issued under subsection (1) applies only to—                  

(a)such regulators as may be specified in the code, and                  

(b)such regulatory functions as may be so specified.                  

(4)A copy of a code of practice issued under subsection (1) must be issued to the regulators to whom it applies.                  

(5)A regulator to whom a code of practice issued under subsection (1) applies must, from the date a copy is issued to the regulator,                        have regard to the code—                  

(a)in determining any general policy or principles by reference to which the regulator exercises any regulatory functions to                        which the code applies, and                  

(b)in exercising any such regulatory functions.                  

(6)References in this section to a code of practice issued under subsection (1) include references to such a code as revised                        from time to time under that subsection.                  

#### 6Code of practice: procedureS

(1)Where the Scottish Ministers propose to issue or revise a code of practice under section 5, they must prepare a draft of the                        code (or revised code).                  

(2)In preparing the draft, the Scottish Ministers must seek to secure that it is consistent with the principles in subsection                        (3).                  

(3)The principles are—                  

(a)that regulatory functions should be—                  

(i)exercised in a way that is transparent, accountable, proportionate and consistent, and                  

(ii)targeted only at cases in which action is needed, and                  

(b)that regulatory functions should be exercised in a way that contributes to achieving sustainable economic growth, except to                        the extent that it would be inconsistent with the exercise of such functions to do so.                  

(4)The Scottish Ministers must consult the following about the draft—                  

(a)persons appearing to them to be representative of regulators in respect of which the code or revised code would apply,                  

(b)such other persons as they consider appropriate.                  

(5)If the Scottish Ministers decide to proceed with the draft (either in its original form or with modifications) they must lay                        the draft before the Scottish Parliament.                  

(6)Where the draft so laid is approved by resolution of the Parliament, the Scottish Ministers may issue the code (or revised                        code).                  

### Power to modify list of regulatorsS

#### 7Power to modify schedule 1S

(1)The Scottish Ministers may by order modify schedule 1 so as to—                  

(a)add—                  

(i)a person, body or office-holder which has regulatory functions to the list of persons, bodies and office-holders for the time                        being listed there, or                  

(ii)a description of a person, body or office-holder having regulatory functions to that list,                  

(b)remove—                  

(i)a person, body or office-holder from that list, or                  

(ii)a description of a person, body or office-holder from that list,                  

(c)amend an entry on that list.                  

(2)An order under subsection (1) may, in relation to a person, body or office-holder or a description of a person, body or office-holder—                  

(a)specify that a function is or is not to be a regulatory function for the purposes of section 1, 4 or 5,                  

(b)specify the extent to which a function is or is not to be a regulatory function for such purposes.                  

## **PART 2**SPRIMARY AUTHORITIES

### 8Scope of Part 2S

(1)This Part applies where—                  

(a)a person carries on an activity in the area of two or more local authorities, and                  

(b)each of those authorities has the same relevant function in relation to that activity.                  

(2)In this Part (other than section 12), “the regulated person” means the person referred to in subsection (1)(a).                  

### 9Meaning of “relevant function”S

(1)In this Part, “relevant function”, in relation to a local authority, means a regulatory function—                  

(a)exercised by that authority, and                  

(b)specified for the purposes of this Part by order made by the Scottish Ministers.                  

(2)In subsection (1), “regulatory function” has the same meaning as in section 1(5).                  

### 10Nomination of primary authoritiesS

(1)For the purposes of this Part, the Scottish Ministers may nominate a local authority to be the “primary authority” for the                        exercise of the relevant function in relation to the regulated person.                  

(2)The Scottish Ministers may delegate their function under subsection (1) to another person.                  

(3)Sections 13 and 14 apply in any case where a primary authority is nominated under this section in relation to the regulated                        person.                  

### 11Nomination of primary authorities: conditions and registersS

(1)The Scottish Ministers may nominate a local authority under section 10(1) in relation to the regulated person only if—                  

(a)the Scottish Ministers consider the authority suitable for nomination, and                  

(b)the authority and the regulated person have agreed in writing to the nomination.                  

(2)The Scottish Ministers may in particular consider as suitable for nomination under subsection (1)—                  

(a)the local authority in whose area the regulated person principally carries out the activity in relation to which the relevant                        function is exercised, or                  

(b)the local authority in whose area the regulated person administers the carrying out of that activity.                  

(3)The Scottish Ministers may at any time revoke a nomination under section 10(1) if they consider that—                  

(a)the authority is no longer suitable for nomination, or                  

(b)it is appropriate to do so for any other reason.                  

(4)Subsection (2) applies in relation to a revocation of a nomination as it applies in relation to a nomination.                  

(5)The Scottish Ministers must maintain or cause to be maintained a register of nominations.                  

(6)Subsections (1) to (5) apply in relation to a person to whom the function under section 10(1) is delegated as they apply in                        relation to the Scottish Ministers.                  

### 12Primary authorities: power to make further provisionS

(1)The Scottish Ministers may by order make further provision about the exercise of relevant functions by primary authorities                        in relation to persons (in this section, “regulated persons”).                  

(2)The provision that may be made under subsection (1) includes provision—                  

(a)requiring a local authority other than the primary authority (an “enforcing authority”) to notify the primary authority before                        taking any enforcement action against a regulated person pursuant to the relevant function,                  

(b)prescribing the circumstances in which—                  

(i)the enforcing authority may not take any enforcement action against a regulated person,                  

(ii)the primary authority may direct the enforcing authority not to take any enforcement action against a regulated person,                  

(iii)the enforcing authority must notify the primary authority that it has taken enforcement action against a regulated person,                  

(c)specifying time periods for the purposes of paragraph (b),                  

(d)prescribing the circumstances in which provision made by virtue of paragraphs (a) to (c) does not apply including, in particular,                        circumstances—                  

(i)where the enforcement action is required urgently to avoid a significant risk of serious harm to human health, the environment                        (including the health of animals or plants) or the financial interests of consumers,                  

(ii)where the application of provision made by virtue of those paragraphs would be wholly disproportionate,                  

(e)requiring an enforcing authority to notify the primary authority, as soon as reasonably practicable, of any enforcement action                        it takes against a regulated person in circumstances prescribed under paragraph (d).                  

(3)In subsection (2), “enforcement action” means any action—                  

(a)which relates to securing compliance with or enforcement of any requirement, restriction, condition, standard, outcome or                        guidance in the event of breach (or putative breach) of the requirement, restriction, condition, standard, outcome or (as                        the case may be) guidance,                  

(b)taken with a view to or in connection with—                  

(i)the imposition of any sanction (criminal or otherwise) in respect of an act or omission, or                  

(ii)the pursuit of any remedy conferred by an enactment in respect of an act or omission.                  

(4)Where a relevant function consists of or includes a function of inspection, an order under subsection (1) may make provision                        for or about an inspection plan including, in particular, provision for or in connection with—                  

(a)prescribing the circumstances in which a primary authority may make, revise or withdraw an inspection plan,                  

(b)specifying the matters that a primary authority must take into account in preparing an inspection plan,                  

(c)specifying the matters that must be included in an inspection plan,                  

(d)prescribing the circumstances in which a primary authority must consult a regulated person in relation to the carrying out                        of the function of inspection,                  

(e)prescribing the arrangements for notifying a local authority about the making, revising or withdrawal of an inspection plan,                  

(f)specifying the duties of a local authority in relation to an inspection plan,                  

(g)prescribing the circumstances in which a local authority must notify a primary authority before carrying out the function                        of inspection.                  

(5)An “inspection plan” is a plan made by a primary authority containing recommendations as to how a local authority with the                        function of inspection should exercise that function in relation to a regulated person.                  

(6)Before making an order under subsection (1), the Scottish Ministers must consult—                  

(a)any primary authority to which the order would apply,                  

(b)such persons or bodies as appear to the Scottish Ministers to represent the interests of persons substantially affected by                        the proposed order, and                  

(c)such other persons or bodies as the Scottish Ministers consider appropriate.                  

### 13Advice and guidanceS

(1)The primary authority has the function of giving advice and guidance to—                  

(a)the regulated person in relation to the relevant function,                  

(b)other local authorities having the relevant function as to how they should exercise that function in relation to the regulated                        person.                  

(2)The primary authority may make arrangements with the regulated person as to how the authority will exercise its function under                        subsection (1).                  

### 14Power to chargeS

The primary authority may charge the regulated person such fees as it considers represent the costs reasonably incurred by                     it in exercising functions as the primary authority under or by virtue of this Part in relation to the regulated person.                  

### 15GuidanceS

(1)The Scottish Ministers may issue guidance to local authorities about the operation of this Part including, in particular,                        guidance about—                  

(a)inspection plans for or about which provision is made under an order under section 12(1),                  

(b)arrangements under section 13(2),                  

(c)the charging of fees under section 14.                  

(2)A local authority must have regard to any guidance issued to it under this section.                  

(3)Before issuing guidance under this section, the Scottish Ministers must consult such persons as they consider appropriate.                  

(4)The Scottish Ministers must publish (in such manner as they consider appropriate) any guidance issued under this section.                  

(5)The Scottish Ministers may at any time vary or revoke any guidance issued under this section.                  

## **PART 3**SENVIRONMENTAL REGULATION

### CHAPTER 1SREGULATIONS FOR PROTECTING AND IMPROVING THE ENVIRONMENT

#### 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 17Meaning of expressions used in section 16 and schedule 2S

#### 18Regulations relating to protecting and improving the environmentS

#### 19Regulations relating to protecting and improving the environment: consultationS

### CHAPTER 2SSEPA'S POWERS OF ENFORCEMENT

#### Fixed monetary penaltiesS

##### 20Fixed monetary penaltiesS

##### 21Fixed monetary penalties: procedureS

##### 22Fixed monetary penalties: effect on criminal proceedings etc.S

#### Variable monetary penaltiesS

##### 23Variable monetary penaltiesS

##### 24Variable monetary penalties: procedureS

##### 25Variable monetary penalties: effect on criminal proceedings etc.S

#### Non-compliance penaltiesS

##### 26Undertakings under section 24: non-compliance penaltiesS

#### Enforcement undertakingsS

##### 27Enforcement undertakingsS

#### Operation of penalties and cost recoveryS

##### 28Combination of sanctionsS

##### 29Monetary penaltiesS

##### 30Costs recoveryS

#### GuidanceS

##### 31Guidance as to use of enforcement measuresS

#### Publication of enforcement actionS

##### 32Publication of enforcement actionS

#### Interpretation of Chapter 2S

##### 33Interpretation of Chapter 2S

### CHAPTER 3SCOURT POWERS

#### Compensation ordersS

##### 34Compensation orders against persons convicted of relevant offencesS

#### FinesS

##### 35Fines for relevant offences: court to consider financial benefitsS

#### Publicity ordersS

##### 36Power to order conviction etc. for offence to be publicisedS

##### 37Corporate offendingS

### CHAPTER 4SMISCELLANEOUS

#### Vicarious liabilityS

##### 38Vicarious liability for certain offences by employees and agentsS

##### 39Liability where activity carried out by arrangement with anotherS

#### Offence relating to significant environmental harmS

##### 40Significant environmental harm: offenceS

##### 41Power of court to order offence to be remediedS

##### 42Corporate offendingS

#### Offences relating to supply of carrier bags: fixed penalty noticesS

##### 43Offences relating to supply of carrier bags: fixed penalty noticesS

#### Publicity and remediation orders: appeals by prosecutorS

##### 44Orders under sections 36 and 41: prosecutor's right of appealS

#### Contaminated land and special sitesS

##### 45Contaminated land and special sitesS

#### Amendment of powers under section 108 of Environment Act 1995S

##### 46Amendment of powers under section 108 of Environment Act 1995S

#### Authorisations relating to waste management: offences by partnershipsS

##### 47Carriers of controlled waste: offences by partnerships affecting registrationS

##### 48Waste management licences: offences by partnershipsS

#### Air quality assessmentsS

##### 49Duty of local authorities in relation to air quality assessments etc.S

#### Smoke control areas: fuels and fireplacesS

##### 50Smoke control areas: authorised fuels and exempt fireplacesS

### CHAPTER 5SGENERAL PURPOSE OF SEPA

#### 51General purpose of SEPAS

### CHAPTER 6SREPORTING AND INTERPRETATION: PART 3

#### 52Annual report on operation of Part 3S

#### 53Meaning of “relevant offence” and “SEPA” in Part 3S

## **PART 4**SMISCELLANEOUS

### Marine licensing decisionsS

#### 54Marine licence applications etc.: proceedings to question validity of decisionsS

### Planning authorities' functions: charges and feesS

#### 55Planning authorities' functions: charges and feesS

### Street traders' licencesS

#### 56Application for street trader's licence: food businessesS

## **PART 5**SGENERAL

### 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 58Subordinate legislationS

(1)Any power of the Scottish Ministers to make an order or regulations under this Act includes power to make—                  

(a)different provision for different purposes,                  

(b)incidental, supplemental, consequential, transitional, transitory or saving provision.                  

(2)The power to make regulations under section 1 includes power to modify any enactment (including this Act other than that section                        and sections 2, 3 and 7).                  

(3)The following orders are subject to the affirmative procedure—                  

(a)an order under section 9, 12, 20 or 23,                  

(b)an order under section 7 that contains provision such as is mentioned in subsection (1)(a) of that section,                  

(c)an order under that section that specifies under subsection (2) of that section—                  

(i)that a function is to be a regulatory function for the purposes of section 1, 4 or 5,                  

(ii)the extent to which a function is to be a regulatory function for such purposes,                  

(d)an order under section 59(1) which contains provisions that add to, replace or omit any part of the text of an Act.                  

(4)The following regulations are subject to the affirmative procedure—                  

(a)regulations under section 1,                  

(b)regulations under section 18 which contain provisions that add to, replace or omit any part of the text of an Act.                  

(5)All other orders and regulations under this Act are subject to the negative procedure.                  

(6)This section does not apply to an order under—                  

(a)section 61(2), or                  

(b)paragraph 30 of schedule 2.                  

### 59Ancillary provisionS

(1)The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving                        provision as they consider necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any                        provision of this Act.                  

(2)An order under this section may modify any enactment (including this Act), instrument or document.                  

### 60Crown applicationS

(1)No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable.                  

(2)But the Court of Session may, on the application of the Scottish Ministers or any public body or office-holder having responsibility                        for enforcing the provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.                  

(3)Despite subsection (1), any provision made by or under the provisions of this Act applies to persons in the public service                        of the Crown as it applies to other persons.                  

### 61CommencementS

(1)This Part (other than section 57) comes into force on the day after Royal Assent.                  

(2)The remaining provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.                  

(3)An order under subsection (2) may include transitional, transitory or saving provision.                  

### 62Short titleS

The short title of this Act is the Regulatory Reform (Scotland) Act 2014.

## SCHEDULE 1SREGULATORS FOR THE PURPOSES OF PART 1

 (introduced by section 1(5))

Prospective

### 

## SCHEDULE 2SPARTICULAR PURPOSES FOR WHICH PROVISION MAY BE MADE UNDER SECTION 18

 (introduced by section 18) 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## SCHEDULE 3SMINOR AND CONSEQUENTIAL MODIFICATIONS

 (introduced by section 57)

### **PART 1**SREGULATION OF ENVIRONMENTAL ACTIVITIES ETC.

Prospective

#### Sewerage (Scotland) Act 1968S

1(1)The Sewerage (Scotland) Act 1968 is amended as follows.S

(2)In section 29A (priority substances etc.), in subsection (3)—

(a)the word “or” immediately following paragraph (a) is repealed, and

(b)for paragraph (b) substitute—

“(b)regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014, or                     

(c)any directive concerning the same subject-matter as the directive mentioned in subsection (1).”.                     

(3)In section 38H (Controlled Activities Regulations), for subsection (3)(b) substitute—

“(b)regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014.”.                     

#### Prevention of Oil Pollution Act 1971S

2SIn section 11A of the Prevention of Oil Pollution Act 1971 (certain provisions not to apply where discharge or escape authorised                        under certain enactments), in subsection (1), after “1999” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

#### Environmental Protection Act 1990S

3(1)The Environmental Protection Act 1990 is amended as follows.S

(2)In section 35 (waste management licences: general), in subsection (11A), after “1999” insert “ or by an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

(3)In section 46 (receptacles for household waste), in subsection (4)—

(a)the word “and” immediately following paragraph (d) is repealed,

(b)after paragraph (e) add—

“(f)the removal of the receptacles placed for the purpose of facilitating the emptying of them; and                  

(g)the time when the receptacles must be placed for that purpose and removed.”.                  

(4)In section 47 (receptacles for commercial or industrial waste), in subsection (4)—

(a)the word “and” immediately following paragraph (d) is repealed,

(b)after paragraph (e) add—

“(f)the removal of the receptacles placed for the purpose of facilitating the emptying of them; and                  

(g)the time when the receptacles must be placed for that purpose and removed.”.                  

(5)In section 79 (statutory nuisances and inspections therefor), in subsection (10), after “1999” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

#### Clean Air Act 1993S

4(1)The Clean Air Act 1993 is amended as follows.S

(2)In section 31 (regulations about sulphur content of oil fuel for furnaces or engines), in subsection (4)—

(a)in paragraph (a)—

(i)the word “or” immediately following sub-paragraph (i) is repealed,

(ii)after sub-paragraph (ii) insert “; or 

(iii)part of an activity subject to regulation by the Scottish Environment Protection Agency under regulations under section 18                           of the Regulatory Reform (Scotland) Act 2014;”,                  

(b)in paragraph (b), after “sub-paragraph (ii)” insert “ or (iii) ”.

(3)In section 33 (cable burning), in subsection (1), after “1999” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

(4)In section 35 (obtaining information), in subsection (3), after “1999” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

(5)In section 36 (notices requiring information about air pollution), in subsection (2A) after “1999” insert “ or to an activity subject to regulation by the Scottish Environment Protection Agency under regulations under section 18                           of the Regulatory Reform (Scotland) Act 2014 ”.

(6)In section 41A (relation to Pollution Prevention and Control Act 1999)—

(a)in subsection (1), after “activities)” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”,

(b)in subsection (2)—

(i)in paragraph (a), after “permit” insert “ or authorisation ”,

(ii)in paragraph (b), after “permit” insert “ or authorisation ”,

(c)in subsection (3)—

(i)the words from “permit” to the end of the subsection become paragraph (a) of that subsection,

(ii)after that paragraph insert “; and 

(b)“authorisation” means an authorisation under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014, and the reference                           to an appeal is to an appeal under those regulations.”.                  

(7)In the title to section 41A, after “1999” insert “ and Regulatory Reform (Scotland) Act 2014 ”.

#### Environment Act 1995S

5(1)The Environment Act 1995 is amended as follows.S

(2)In section 56 (interpretation of Part 1), in the definition of “environmental licence” in relation to SEPA, after paragraph (aa) insert—
          -  “an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014,”.                         

(3)In section 108 (powers of enforcing authorities and persons authorised by them), in subsection (15), in paragraph (n) of the                        definition of “pollution control functions” in relation to SEPA, after “1999” insert “ or section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

(4)In section 114 (power of the Scottish Ministers to delegate functions of determining, or to refer matters involved in, appeals),                        in subsection (2)(a)(viii), after “Scotland” insert “ or under section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

#### Merchant Shipping Act 1995S

6SIn section 136A of the Merchant Shipping Act 1995 (discharges etc. authorised under other enactments), after “1999” insert                        “ or an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

#### Pollution Prevention and Control Act 1999S

7SIn the Pollution Prevention and Control Act 1999, in section 1 (general purpose of section 2 and definitions)—

(a)paragraph (a) is repealed,

(b)in paragraph (b), the words “, otherwise in pursuance of that Directive,” are repealed.

#### Water Environment and Water Services (Scotland) Act 2003S

8(1)The Water Environment and Water Services (Scotland) Act 2003 is amended as follows.S

(2)In section 2 (the general duties), in subsection (8), in the definition of “the relevant enactments”, after “Part” insert                        “ , Part 3 of the Regulatory Reform (Scotland) Act 2014 ”.

(3)Section 20 (regulation of controlled activities) is repealed.

(4)Section 21 (controlled activities regulations: procedure) is repealed.

(5)In section 22 (remedial and restoration measures)—

(a)in subsection (2)(a), the words “(as defined in section 20(6))” are repealed,

(b)after subsection (3) insert—

“(4)In subsection (2)(a), “pollution” in relation to the water environment means the direct or indirect introduction, as a result of human activity, of substances                           or heat into the water environment, or any part of it, which may give rise to any harm; and “harm” means—                  

(a)harm to the health of human beings or other living organisms,                  

(b)harm to the quality of the water environment, including—                  

(i)harm to the quality of the water environment taken as a whole,                  

(ii)other impairment of, or interference with the quality of aquatic ecosystems or terrestrial ecosystems directly depending on                           aquatic ecosystems,                  

(c)offence to the senses of human beings,                  

(d)damage to property, or                  

(e)impairment of, or interference with, amenities or other legitimate uses of the water environment.”.                  

(6)In section 23 (fixing of charges for water services)—

(a)in paragraph (a) of subsection (4), the words “(as defined in section 20(6))” are repealed,

(b)after that subsection insert—

“(5)In subsection (4)(a), “abstraction” means the doing of anything by which any water is removed or diverted by mechanical means, pipe or any engineering structure                           or works from any part of the water environment, whether temporarily or permanently, including anything by which the water                           is so removed or diverted for the purpose of being transferred to another part of the water environment, and includes—                  

(a)the construction or extension of any well, borehole, water intake or other work by which water may be abstracted,                  

(b)the installation or modification of any machinery or apparatus by which additional quantities of water may be abstracted by                           means of a well, borehole, water intake or other work.”.                  

(7)In section 28 (interpretation of Part 1), the definition of “controlled activity” is repealed.

(8)In section 36 (orders and regulations)—

(a)in each of subsections (3), (5) and (6) the word “20,” is repealed,

(b)in subsection (4), paragraph (b) and the “or” immediately preceding it are repealed.

(9)In schedule 1 (matters to be included in river basin management plans), in paragraph 10(b), for the words “schedule 2” substitute                        “ paragraph 3(1) of schedule 2 to the Regulatory Reform (Scotland) Act 2014 ”.

(10)Schedule 2 (controlled activities regulations: particular purposes) is repealed.

#### Water Services etc. (Scotland) Act 2005S

9SIn section 25 of the Water Services etc. (Scotland) Act 2005 (sewerage nuisance: code of practice), in subsection (9), after                        “(c.24)” insert “ or by an authorisation under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014 ”.

Prospective

#### Water Resources (Scotland) Act 2013S

10(1)The Water Resources (Scotland) Act 2013 is amended as follows.S

(2)In section 5 (qualifying abstraction), in subsection (2), for the words from “20(3)(b)” to the end of the subsection substitute                           “ 23(5) of the 2003 Act. ”.

(3)In section 21 (Controlled Activities Regulations), for subsection (5)(b) substitute—

“(b)regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014.”.                     

(4)In section 50 (Controlled Activities Regulations), for subsection (5)(b) substitute—

“(b)regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014.”.                     

### **PART 2**SENFORCEMENT OF REGULATIONS ON ENVIRONMENTAL ACTIVITIES ETC.

#### Environmental Protection Act 1990S

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

#### Criminal Procedure (Scotland) Act 1995S

12SIn section 249 of the Criminal Procedure (Scotland) Act 1995 (compensation order against convicted person), after subsection                        (10) add—

“(11)This section is subject to section 34 of the Regulatory Reform (Scotland) Act 2014.”.                  

#### Reservoirs (Scotland) Act 2011S

13(1)The Reservoirs (Scotland) Act 2011 is amended as follows.S

(2)Sections 78 to 81 (enforcement undertakings, fixed monetary penalties, fixed monetary penalties: procedure and fixed monetary                        penalties: criminal proceedings and conviction, etc.) are repealed.

(3)In section 82 (further enforcement measures)—

(a)in subsection (4)—

(i)for the word “any” substitute “ either ”,

(ii)paragraph (a) is repealed,

(b)in subsection (5), the definition of “variable monetary penalty” is repealed.

(4)In section 83 (further enforcement measure: procedure), subsections (6)(b) and (7)(c) are repealed.

(5)In section 84 (further enforcement measures: criminal proceedings and conviction), subsection (3)(b) is repealed.

(6)In section 86 (consultation in relation to certain orders), in subsection (1), paragraphs (b) and (c) are repealed.

(7)In the title of section 86, the words “, 78(1), 79(1)” are omitted.

(8)In section 87 (guidance as to use of stop notices, etc.), paragraphs (b) and (c) are repealed,

(9)In the title of section 87, the words “, fixed monetary penalties” are omitted.

(10)In section 89 (guidance: appeals), the words “, 78, 80,” are repealed.

(11)In section 90 (publication of enforcement action)—

(a)in subsection (2), paragraph (b) is repealed,

(b)in subsection (3) the words “, fixed monetary penalty” are repealed.

(12)In section 114 (orders and regulations), in subsection (4)(f), the words “, 78(1), 79(1)” are repealed.

(13)In the schedule (index of defined expressions), the entries in the first column relating to “enforcement undertaking” and                        “fixed monetary penalty”, and the corresponding interpretation provisions in the second column, are repealed.

### **PART 3**SPURPOSES OF SEPA

#### Environment Act 1995S

14(1)The Environment Act 1995 is amended as follows.S

(2)In section 31 (guidance on sustainable development and other aims and objectives), after subsection (2) insert—

“(2A)The Scottish Ministers may give guidance to SEPA with respect to the carrying out of its duties under section 20A.”.                  

(3)In the title to section 31, after “on” insert “ SEPA's general purpose and on ”.

(4)Section 32 (general environmental and recreational duties) is repealed.

(5)In section 33 (general duties with respect to pollution)—

(a)subsections (1), (4) and (5) are repealed,

(b)in subsection (2)—

(i)for “shall” substitute “ may ”,

(ii)in paragraph (a), the words “pollution control” are repealed,

(iii)in paragraph (b), the words “pollution of” are repealed,

(iv)for “such pollution” substitute “ the general state of the environment ”.

(6)The title to section 33 becomes “ **General duties as respects the state of the environment and effects of pollution** ”.

(7)Section 34 (general duties with respect to water) is repealed.

(8)Section 36 (codes of practice with respect to environmental and recreational duties) is repealed.

(9)In section 39 (general duty of the new Agencies to have regard to the costs and benefits in exercising powers)—

(a)in subsection (1), for “Each new” substitute “ The ”,

(b)in subsection (2), for “a new” substitute “ the ”.

(10)In the title to section 39, for the words “new Agencies” substitute “ Agency ”.

(11)In section 81 (functions of the new Agencies), in subsection (2)—

(a)the word “means” is repealed,

(b)at the beginning of paragraph (a) insert “ means ”,

(c)in paragraph (b), for the words from “the functions” to the end of the paragraph, substitute “ has the same meaning as in section 108(15) below in relation to SEPA ”.

#### Water Industry (Scotland) Act 2002S

15SIn schedule 7 to the Water Industry (Scotland) Act 2002 (modifications of other enactments), paragraph 24(2) is repealed.

### **PART 4**SCONTROL OF POLLUTION ACT 1974

16(1)The Control of Pollution Act 1974 is amended as follows.S

(2)The following provisions are repealed—

(a)section 30B (classification of quality waters),

(b)section 30C (water quality objectives),

(c)section 30D (general duties to achieve and maintain objectives, etc.),

(d)section 30E (consultation and collaboration),

(e)section 31B (nitrate sensitive areas),

(f)section 31C (registering of agreement),

(g)section 41 (registers),

(h)section 42A (exclusion from registers of information affecting national security),

(i)section 42B (exclusion from registers of certain confidential information),

(j)section 43 (control of discharges into sewers),

(k)section 44 (provisions supplementary to section 43),

(l)section 45 (early variation of conditions of discharges),

(m)section 52 (charges in respect of certain discharges in England and Wales),

(n)section 57 (periodical inspections by local authorities),

(o)sections 63 to 67 (noise abatement zones),

(p)section 69 (execution of works by local authority),

(q)in section 87 (miscellaneous provisions relating to legal proceedings), subsection (3),

(r)section 88 (civil liability for contravention of section 3(3)),

(s)section 90 (establishment charges and interest in respect of certain expenses of authorities),

(t)section 101 (disposal of waste etc. by Atomic Energy Authority),

(u)Schedule 1 (noise abatement zones), and

(v)Schedule 1A (orders designating nitrate sensitive areas: Scotland).

(3)In section 30Y (introductory), in subsection (1) (meaning of “abandonment” in relation to a mine), in paragraph (b)—

(a)the word “or” immediately following sub-paragraph (i) is repealed,

(b)after sub-paragraph (ii) insert “or 

(iii)any disclaimer by notice signed by the Queen's and Lord Treasurer's Remembrancer under section 1013 of the Companies Act 2006                           (Crown disclaimer of property vesting as *bona vacantia*).”.                  

(4)In section 51 (codes of good agricultural practice), in subsection (2), the words from “but” to the end of the subsection                        are repealed.

(5)In section 55A (regulations under Part 2), the words “and sections 43 to 45” are repealed.

(6)In section 56 (interpretation etc. of Part 2)—

(a)in subsection (1)—

(i)in the definition of “coastal waters”, “controlled waters”, “ground waters”, “inland waters” and “relevant territorial waters”,                        for the words from the beginning to “meanings” substitute “ “controlled waters” has the meaning ”,

(ii)the definitions of “effluent”, “micro-organism”, “operations”, “sewage effluent”, “substance” and “trade effluent” are repealed,

(b)subsections (3), (5) and (6) are repealed.

(7)In section 73 (interpretation and other supplementary provisions)—

(a)in subsection (1), the definitions of the following expression are repealed—

(i)“noise abatement order” and “noise abatement zone”,

(ii)“noise level register”,

(iii)“noise reduction notice”, and

(iv)“person responsible”,

(b)in subsection (2), for the words “sections 62 to 67” in both places where they occur, substitute “ section 62 ”.

(8)In section 74 (penalties)—

(a)in subsection (1), in paragraph (a), the words “in the case of a first offence against this Part of this Act,” are repealed,

(b)the words from “; and” immediately following that paragraph to the end of the section are repealed.

(9)In section 104 (orders and regulations)—

(a)in subsection (1), the following words are repealed—

(i)“(except sections 63 and 65(6))”, and

(ii)“regulations made by virtue of section 18 of this Act or”,

(b)in subsection (2), the following words are repealed—

(i)“regulations shall be made by virtue of section 18 of this Act and no”, and

(ii)“regulations or”.

(10)In section 105 (interpretation etc. – general), in subsection (1), the definition of “trade effluent” is repealed.

### **PART 5**SMISCELLANEOUS ENACTMENTS

#### Scottish Board of Health Act 1919S

17SIn the Scottish Board of Health Act 1919, in section 4 (transfer of powers and duties to and from the Board), paragraph (d)                        of subsection (1) is repealed.

#### Local Government (Scotland) Act 1973S

18SIn the Local Government (Scotland) Act 1973, in Schedule 27 (adaptation and amendment of enactments), paragraphs 146 to 148                        are repealed.

#### Local Government, Planning and Land Act 1980S

19SIn the Local Government, Planning and Land Act 1980, in Schedule 2 (relaxation of controls over functions relating to clean                        air and pollution), paragraphs 10, 14 and 18 are repealed.

#### Litter Act 1983S

20SIn the Litter Act 1983—

(a)in section 4 (consultation and proposals for abatement of litter), subsections (4), (4ZA), (4A) and (5) are repealed,

(b)in section 9 (orders), subsection (3) is repealed,

(c)in section 13 (short title, commencement and extent), in subsection (4), the words “4(4),” are repealed.

#### Water Act 1989S

21SIn the Water Act 1989, in Schedule 23 (control of water pollution in Scotland), paragraphs 2 and 3 are repealed.

#### Planning (Consequential Provisions) Act 1990S

22SIn the Planning (Consequential Provisions) Act 1990, in Schedule 2 (consequential amendments), paragraph 31(1) is repealed.

#### Environmental Protection Act 1990S

23SIn the Environmental Protection Act 1990—

(a)in section 79 (statutory nuisances and inspections therefor), in subsection (10), the words from “Part I” to “under”, where                        it third occurs, are repealed,

(b)in section 80 (summary proceedings for statutory nuisances)—

(i)in paragraph (a) of subsection (9), the words “or 65” are repealed,

(ii)paragraph (b) of that subsection, and the word “or” immediately preceding it, are repealed,

(iii)paragraph (c) of that subsection, and the word “or” immediately preceding it, are repealed,

(iv)subsection (10) is repealed,

(c)section 84 (termination of Public Health Act controls over offensive trades, etc.) is repealed,

(d)section 145 (penalties for offences of polluting controlled waters, etc.) is repealed,

(e)in Schedule 15 (consequential and minor amendments of enactments)—

(i)paragraph 2 is repealed,

(ii)in paragraph 15, sub-paragraphs (2) and (4) are repealed,

(iii)paragraph 17 is repealed,

(f)in Schedule 16 (repeals), in Part 1 (enactments relating to processes), the entry relating to 1990 c.43 (Environmental Protection                        Act 1990) is repealed.

Prospective

#### Natural Heritage (Scotland) Act 1991S

24(1)Section 24 of the Natural Heritage (Scotland) Act 1991 (rights of entry and inspection under Parts 2 and 3) is amended as                           follows.S

(2)In subsection (1)—

(a)in the opening words, the words “SEPA or” are repealed,

(b)in paragraph (a)—

(i)the words “SEPA or” are repealed,

(ii)the words “II or” are repealed,

(c)in paragraph (c)—

(i)for the words “either of these Parts” substitute “ Part III ”,

(ii)for the words “one of these Parts” substitute “ that Part ”.

(3)In subsection (9), the words “SEPA or”, in both places where they occur, are repealed.

(4)In the title to section 24, for the words “Parts II and III” substitute “ Part III ”.

#### Agricultural Holdings (Scotland) Act 1991S

25SIn section 26 of the Agricultural Holdings (Scotland) Act 1991 (certificates of bad husbandry), subsection (2) is repealed.

#### Clean Air Act 1993S

26SIn the Clean Air Act 1993, in section 42 (colliery spoilbanks)—

(a)in subsection (2), for the words “or quarry” substitute “ , or the operator of a quarry, ”,

(b)in subsection (6), for the words from “mine” to the end substitute—

““mine” is to be construed in accordance with section 180 of the Mines and Quarries Act 1954;                  

“operator”, in relation to a quarry, has the meaning given by regulation 2(1) of the Quarries Regulations 1999 (S.I. 1999/2024);                  

“owner”, in relation to a mine, is to be construed in accordance with section 181(1) and (4) of the Mines and Quarries Act 1954;                  

“quarry” is to be construed in accordance with regulation 3 of the Quarries Regulations 1999.”.                  

#### Radioactive Substances Act 1993S

27S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Local Government etc. (Scotland) Act 1994S

28SIn the Local Government etc. (Scotland) Act 1994, in Schedule 13 (minor and consequential amendments), sub-paragraphs (3),                        (5) and (10) of paragraph 95 are repealed.

#### Environment Act 1995S

29(1)The Environment Act 1995 is amended as follows.S

(2)In section 21 (transfer of functions to SEPA)—

(a)in subsection (1)—

(i)paragraph (a)(i), (iii) and (iv) are repealed,

(ii)in paragraph (a)(ii), the words from “Part III” to “and” are repealed,

(iii)paragraphs (c), (d), (f) and (h) are repealed,

(b)in subsection (2), paragraph (b) is repealed.

(3)Section 23 (functions of the staff commission established under section 12 of the Local Government etc. (Scotland) Act 1994)                        is repealed.

(4)In section 56 (interpretation of Part 1), in subsection (1), in the definition of “disposal authority”, paragraph (b) is repealed.

(5)In section 91 (interpretation of Part 4), in subsection (1), in the definition of “action plan”, for “84(2)(b)” substitute                        “ 84(2) ”.

(6)In section 110 (offences)—

(a)in subsection (1), after “to” insert “ assault, hinder or ”,

(b)in subsection (4)—

(i)in paragraph (a), after “of” where it second occurs insert “ assaulting, hindering or ”,

(ii)in sub-paragraph (i) of that paragraph, after “maximum” insert “ or to imprisonment for a term not exceeding 12 months, or to both ”,

(iii)in paragraph (b), for the words “level 5 on the standard scale” substitute “ the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 or to imprisonment                           for a term not exceeding 12 months, or to both ”,

(c)after subsection (5) insert—

“(5A)A person may be convicted of the offence under subsection (1) above of hindering or obstructing even though it is—                  

(a)effected by means other than physical means, or                  

(b)effected by action directed only at any vehicle, apparatus, equipment or other thing used or to be used by an authorised person.                  

(5B)Subsection (5C) applies where, in the trial of a person (“the accused”) charged in summary proceedings with an offence under                           subsection (1) above, the court—                  

(a)is not satisfied that the accused committed the offence, but                  

(b)is satisfied that the accused committed an offence under subsection (2) above.                  

(5C)The court may acquit the accused of the charge and, instead, find the accused guilty of an offence under subsection (2) above.”.                  

(7)In section 114 (power of the Scottish Ministers to delegate functions relating to appeals), subsections (2)(a)(i) and (3)(b)                        are repealed.

(8)In Schedule 11 (air quality: supplemental provisions)—

(a)in paragraph 1(1)(b), the words “or 84” are repealed,

(b)in paragraph 4(2)(b), the words “or 84” are repealed.

(9)In schedule 20 (delegation of appellate functions of the Scottish Ministers), paragraph 4(3)(a) is repealed.

(10)In Schedule 22 (minor and consequential amendments)—

(a)paragraph 1 is repealed,

(b)in paragraph 29—

(i)in sub-paragraph (2), for the words from “section 30C(1)” to the end of that sub-paragraph, substitute “ section 51 ”,

(ii)sub-paragraphs (4)(b) to (e), (5), (6), (8), (9)(a) and (b), (10) to (15), (17) to (22), (25), (26), (29) and (30) are repealed,

(c)paragraph 93 is repealed,

(d)in paragraph 96, sub-paragraphs (2) to (5), (7) and (8) are repealed.

(11)In Schedule 23 (transitional and transitory provisions and savings), the following paragraphs are repealed—

(a)paragraph 4,

(b)paragraph 6,

(c)paragraph 8, and

(d)paragraph 18.

30SThe amendments made by paragraph 29 to subsection (4) of section 110 of the Environment Act 1995 do not affect the penalty                        for an offence under that section committed before the coming into force of those amendments.

#### Criminal Procedure (Scotland) Act 1995S

31(1)The Criminal Procedure (Scotland) Act 1995 is amended as follows.S

(2)In section 277 (transcript of police interview sufficient evidence)—

(a)in subsection (1)—

(i)the word “or” immediately following paragraph (a) is repealed, and

(ii)after paragraph (b) insert “; or 

(c)a person authorised by the Scottish Environment Protection Agency under section 108 of the Environment Protection Act 1995                           and an accused person.”,                  

(b)after subsection (4) add—

“(5)Subsection (1) is without prejudice to section 108(12) of the Environment Act 1995.”.                  

(3)In section 280 (routine evidence)—

(a)after subsection (3), insert—

“(3A)For the purposes of any criminal proceedings, a report purporting to be signed by a person authorised by the Scottish Environment                           Protection Agency for the purpose of this subsection is sufficient evidence of any fact or conclusion as to fact contained                           in the report and of the authority of the signatory.”,                  

(b)in subsection (6)—

(i)after “(1)”, where it first occurs, insert “ , (3A) ”, and

(ii)in paragraph (b), after “subsection”, where it second occurs, insert “ (3A) or ”.

(4)In Schedule 9 (certificates as to proof of certain routine matters)—

(a)in the table, omit the entry relating to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 Regulation                        40,

(b)at the end of the table insert the following entries—

#### Town and Country Planning (Scotland) Act 1997S

32SIn the Town and Country Planning (Scotland) Act 1997, in section 275 (regulations and orders), the subsection numbered “(2A)”                        inserted by section 54(16)(a) of the Planning etc. (Scotland) Act 2006 is renumbered as “(2B)”.

#### Planning (Consequential Provisions) (Scotland) Act 1997S

33SIn the Planning (Consequential Provisions) (Scotland) Act 1997, in Schedule 2 (consequential amendments), paragraph 23(1)                        is repealed.

#### Crime and Punishment (Scotland) Act 1997S

34SIn the Crime and Punishment (Scotland) Act 1997, in section 30 (routine evidence)—

(a)in subsection (1), for the words “subsections (2) and (3)” substitute “ subsection (3) ”,

(b)subsection (2) is repealed.

#### City of Edinburgh (Guided Busways) Order Confirmation Act 1998S

35SIn the City of Edinburgh (Guided Busways) Order Confirmation Act 1998, in section 29 (connection of drains, etc, with streams, etc.) of the Order contained in the Schedule confirmed by section 1 of that Act, subsection (4) is repealed.

#### Pollution Prevention and Control Act 1999S

36SIn the Pollution Prevention and Control Act 1999, in Schedule 3 (repeals), in the third column of the entry relating to the                        Environmental Protection Act 1990, the words “In section 79(10), the words “under Part I or”” are repealed.

#### Antisocial Behaviour etc. (Scotland) Act 2004S

37SIn the Antisocial Behaviour etc. (Scotland) Act 2004, in schedule 2 (penalties for certain environmental offences), paragraph                        2 is repealed.

#### Forth Crossing Act 2011S

38SIn section 70 of the Forth Crossing Act 2011 (control of noise: Control of Pollution Act 1974), subsection (3) is repealed.

### **PART 6**SMODIFICATIONS OF REFERENCES TO “ENACTMENT” ETC.

#### Control of Pollution Act 1974S

39(1)The Control of Pollution Act 1974 is amended as follows.S

(2)In section 73 (interpretation and other supplementary provisions), after subsection (3) insert—

“(3A)In the definition of “statutory undertakers” in subsection (1), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(3)In section 85 (appeals to Crown Court or Court of Session against decisions of magistrates' court or sheriff), after subsection                        (3) add—

“(4)In subsection (2), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(4)In section 105 (interpretation etc. – general), in subsection (2)(b), after “private” add “ or by or under any Act of the Scottish Parliament ”.

#### Environmental Protection Act 1990S

40(1)The Environmental Protection Act 1990 is amended as follows.S

(2)In section 33 (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste), after subsection (10)                        add—

“(11)In subsection (4)(c) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(3)In section 57 (powers of the Scottish Ministers to require waste to be accepted, treated, disposed of or delivered), after                        subsection (7) insert—

“(7A)In subsection (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(4)In section 63 (waste other than controlled waste), after subsection (4) add—

“(5)In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(5)In section 73 (appeals and other provisions relating to legal proceedings and civil liability), after subsection (9) add—

“(10)In subsection (2) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(6)In section 78X (supplementary provisions), after subsection (4) insert—

“(4A)In subsection (4)(f)(i) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(7)In section 79 (statutory nuisances and inspections therefor), after subsection (6A) insert—

“(6B)In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(8)In section 98 (definitions for Part 6), after subsection (6), insert—

“(6A)In subsection (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(9)In section 140 (power to prohibit or restrict the importation, use, supply or storage of injurious substances or articles),                        in subsection (11), before the definition of “the environment” insert—

““enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;”.                  

(10)In Schedule 4 (abandoned shopping and luggage trolleys), after paragraph 1(2) add—

“(3)In sub-paragraph (2)(d) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

#### Natural Heritage (Scotland) Act 1991S

41(1)The Natural Heritage (Scotland) Act 1991 is amended as follows.S

(2)In section 7 (powers of entry), after subsection (11) add—

“(12)In subsection (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(3)In Schedule 1 (constitution and proceedings of Scottish Natural Heritage), after paragraph 17(2) add—

“(3)In sub-paragraph (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

#### Radioactive Substances Act 1993S

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

#### Environment Act 1995S

43(1)The Environment Act 1995 is amended as follows.S

(2)In section 27 (power of SEPA to obtain information about land), after subsection (3) add—

“(4)In subsection (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(3)In section 30 (records held by SEPA), after subsection (3) add—

“(4)In subsection (3) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(4)In section 37 (incidental general functions), after subsection (8) insert—

“(8A)In subsection (8) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(5)In section 38 (delegation of functions by Ministers etc. to new Agencies), in subsection (10) after the definition of “eligible                        function” insert—

““enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;”.                  

(6)In section 40 (ministerial directions to the new Agencies), after subsection (8) add—

“(9)In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(7)In section 43 (incidental power of the new Agencies to impose charges)—

(a)the existing text becomes subsection (1) of that section,

(b)after that subsection add—

“(2)In subsection (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(8)In section 53 (inquiries and other hearings), after subsection (3) add—

“(4)In subsections (1) and (3) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(9)In section 87 (regulations for the purposes of Part 4), after subsection (9) add—

“(10)In subsection (5)(c) above, “enactment” includes an enactment comprised in an Act of the Scottish Parliament.”.                  

(10)In section 108 (powers of enforcing authorities and persons authorised by them), in subsection (15)—

(a)in the definition of “pollution control enactments” at the end add “ (including any enactmentscomprised in, or in instruments made under, an Act of the Scottish Parliament relating to those                           functions). ”,

(b)in the definition of “pollution control functions” in relation to the Scottish Ministers, after “instrument” insert “ (includingany enactmentcomprised in, or in an instrument made under, an Act of the Scottish Parliament) ”.

(11)In section 113 (disclosure of information), in subsection (5), after the definition of “new Agency” insert—

““enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(12)In section 122 (directions), after subsection (5) insert—

“(6)In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(13)In Schedule 6 (the Scottish Environment Protection Agency), in paragraph 15, after sub-paragraph (2) add—

“(3)In sub-paragraph (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

(14)In Schedule 11 (air quality: supplemental provisions), in paragraph 5, after sub-paragraph (6) add—

“(7)In the definition of “fixed penalty offence” in sub-paragraph (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.                  

#### Flood Risk Management (Scotland) Act 2009S

44SSection 78 of the Flood Risk Management (Scotland) Act 2009 (SEPA's power to obtain information about land) is repealed.