UK Act of Parliament 2014 Scotland

Regulatory Reform (Scotland) Act 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 …

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
WICS, SEPA
Status
In Force
Penalty ceiling
Prosecution 4 of 12 obligations carry a criminal penalty. 4 carry different penalties and 4 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person8

Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

REGULATORY FUNCTIONS

2 of 7 sections shown
s.003 Regulations under section 1: compliance and enforcement (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must comply with consistency regulationsStatutory regulator
s.006 Code of practice: procedure (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Follow procedure for issuing or revising code of practiceCrown / Minister / Government department
5 other sections in this Part — procedural and definitional
s.001 Power as respects consistency in regulatory functions (opens in a new tab)
s.002 Regulations under section 1: further provision (opens in a new tab)
s.004 Regulators' duty in respect of sustainable economic growth (opens in a new tab)
s.005 Code of practice (opens in a new tab)
s.007 Power to modify schedule 1 (opens in a new tab)
Part 2

PRIMARY AUTHORITIES

1 of 8 sections shown
s.012 Primary authorities: power to make further provision (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consult before making primary authority ordersCrown / Minister / Government department
7 other sections in this Part — procedural and definitional
s.008 Scope of Part 2 (opens in a new tab)
s.009 Meaning of “relevant function” (opens in a new tab)
s.010 Nomination of primary authorities (opens in a new tab)
s.011 Nomination of primary authorities: conditions and registers (opens in a new tab)
s.013 Advice and guidance (opens in a new tab)
s.014 Power to charge (opens in a new tab)
s.015 Guidance (opens in a new tab)
Part 3

ENVIRONMENTAL REGULATION

8 of 38 sections shown
s.031 Guidance as to use of enforcement measures (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must publish and follow guidance on how it enforces offencesStatutory regulator
s.036 Power to order conviction etc. for offence to be publicised (opens in a new tab) Prosecution
  • Fail to comply with publicity orderAny Person

Unlimited fine

s.038 Vicarious liability for certain offences by employees and agents (opens in a new tab) Regulated
  • Be liable for offences committed by employees or agentsAny Person
s.039 Liability where activity carried out by arrangement with another (opens in a new tab) Regulated
  • Be liable for offences by another person carrying on your regulated activityAny Person
s.040 Significant environmental harm: offence (opens in a new tab) Prosecution
  • Cause or permit significant environmental harmAny Person

Unlimited fine

s.041 Power of court to order offence to be remedied (opens in a new tab) Prosecution
  • Fail to comply with a court remediation orderAny Person

Unlimited fine

s.047 Carriers of controlled waste: offences by partnerships affecting registration (opens in a new tab) Regulated
  • Fail to comply with waste carrier registration requirementsAny Person
s.048 Waste management licences: offences by partnerships (opens in a new tab) Regulated
  • Offences by partnerships re waste management licencesAny Person
30 other sections in this Part — procedural and definitional
s.016 General purpose: protecting and improving the environment (opens in a new tab)
s.017 Meaning of expressions used in section 16 and schedule 2 (opens in a new tab)
s.018 Regulations relating to protecting and improving the environment (opens in a new tab)
s.019 Regulations relating to protecting and improving the environment: consultation (opens in a new tab)
s.020 Fixed monetary penalties (opens in a new tab)
s.021 Fixed monetary penalties: procedure (opens in a new tab)
s.022 Fixed monetary penalties: effect on criminal proceedings (opens in a new tab)
s.023 Variable monetary penalties (opens in a new tab)
s.024 Variable monetary penalties: procedure (opens in a new tab)
s.025 Variable monetary penalties: effect on criminal proceedings etc. (opens in a new tab)
s.026 Undertakings under section 24: non-compliance penalties (opens in a new tab)
s.027 Enforcement undertakings (opens in a new tab)
s.028 Combination of sanctions (opens in a new tab)
s.029 Monetary penalties (opens in a new tab)
s.030 Costs recovery (opens in a new tab)
s.032 Publication of enforcement action (opens in a new tab)
s.033 Interpretation of Chapter 2 (opens in a new tab)
s.034 Compensation orders against persons convicted of relevant offences (opens in a new tab)
s.035 Fines for relevant offences: court to consider financial benefits (opens in a new tab)
s.037 Corporate offending (opens in a new tab)
s.042 Corporate offending (opens in a new tab)
s.043 Offences relating to supply of carrier bags: fixed penalty notices (opens in a new tab)
s.044 Orders under sections 36 and 41: prosecutor's right of appeal (opens in a new tab)
s.045 Contaminated land and special sites (opens in a new tab)
s.046 Amendment of powers under section 108 of Environment Act 1995 (opens in a new tab)
s.049 Duty of local authorities in relation to air quality assessments etc. (opens in a new tab)
s.050 Smoke control areas: authorised fuels and exempt fireplaces (opens in a new tab)
s.051 General purpose of SEPA (opens in a new tab)
s.052 Annual report on operation of Part 3 (opens in a new tab)
s.053 Meaning of “relevant offence” and “SEPA” in Part 3 (opens in a new tab)
Part 4

MISCELLANEOUS

0 of 3 sections shown
3 other sections in this Part — procedural and definitional
s.054 Marine licence applications etc.: proceedings to question validity of decisions (opens in a new tab)
s.055 Planning authorities' functions: charges and fees (opens in a new tab)
s.056 Application for street trader's licence: food businesses (opens in a new tab)
Part 5

GENERAL

0 of 6 sections shown
6 other sections in this Part — procedural and definitional
s.057 Consequential modifications and repeals (opens in a new tab)
s.058 Subordinate legislation (opens in a new tab)
s.059 Ancillary provision (opens in a new tab)
s.060 Crown application (opens in a new tab)
s.061 Commencement (opens in a new tab)
s.062 Short title (opens in a new tab)
Schedules

Schedules

1 of 80 shown
s.sch003 (1) The Environmental Protection Act 1990 is amended as follows.... Prosecution
  • Fail to provide name and address after environmental fixed penalty noticeAny Person

Fine up to £1,000

79 other schedules
s.sch001 Accountant in Bankruptcy ... Food Standards Scotland Healthcare Improvement Scotland...
s.sch002 (1) Further defining environmental activities. (2) Modifying the definition of...
s.sch002 (1) Prescribing the form and content of—
s.sch002 (1) Enabling the granting of permits, or the registration of...
s.sch002 (1) Prescribing the form and content of notifications and otherwise...
s.sch002 (1) Authorising, or authorising regulators to make, vary and revoke...
s.sch002 Enabling persons of any specified description (whether or not they...
s.sch002 Imposing duties on persons of any specified description (whether or...
s.sch002 Securing that— (a) publicity is given to specified matters,
s.sch002 Requiring or authorising regulators to carry out consultation in connection...
s.sch002 (1) Conferring functions on regulators with respect to compliance with,...
s.sch002 (1) Authorising regulators to serve on any persons carrying on...
s.sch002 Creating offences and dealing with matters relating to such offences,...
s.sch002 (1) Establishing standards, objectives or requirements in relation to emissions....
s.sch002 Enabling, where a person has been convicted of an offence...
s.sch002 (1) Conferring rights of appeal in respect of decisions made,...
s.sch002 (1) Making provision which, subject to any modifications that the...
s.sch002 The regulations may provide for specified provisions of the regulations...
s.sch002 (1) The regulations may authorise the inclusion in a trading...
s.sch002 (1) General binding rules may— (a) impose conditions or requirements,...
s.sch002 The regulations may make provision for anything which, by virtue...
s.sch002 The regulations may provide— (a) for regulators to have regard...
s.sch002 The regulations may— (a) require any such scheme as is...
s.sch002 The regulations may make provision that the conditions subject to...
s.sch002 (1) Determining the authorities (whether SEPA or any other public...
s.sch002 The Scottish Ministers may, for the purposes of paragraph 22(1)(b),...
s.sch002 (1) The regulations may provide for any such offence as...
s.sch002 The regulations may make provision for or in connection with...
s.sch002 The regulations may— (a) modify any enactment, instrument or document,...
s.sch002 In this schedule— “authorise”, in relation to regulated activities, means...
s.sch002 (1) Prohibiting persons from carrying on, or from causing or...
s.sch002 (1) Prescribing the form and content of applications for permits....
s.sch002 (1) Prescribing the form and content of permits.
s.sch002 (1) Requiring permits, or the conditions to which permits are...
s.sch002 (1) Regulating the transfer and surrender of permits.
s.sch002 (1) Authorising, or authorising the Scottish Ministers to make schemes...
s.sch003 (1) The Sewerage (Scotland) Act 1968 is amended as follows....
s.sch003 (1) The Water Resources (Scotland) Act 2013 is amended as...
s.sch003 In section 249 of the Criminal Procedure (Scotland) Act 1995...
s.sch003 (1) The Reservoirs (Scotland) Act 2011 is amended as follows....
s.sch003 (1) The Environment Act 1995 is amended as follows.
s.sch003 In schedule 7 to the Water Industry (Scotland) Act 2002...
s.sch003 (1) The Control of Pollution Act 1974 is amended as...
s.sch003 In the Scottish Board of Health Act 1919, in section...
s.sch003 In the Local Government (Scotland) Act 1973, in Schedule 27...
s.sch003 In the Local Government, Planning and Land Act 1980, in...
s.sch003 In section 11A of the Prevention of Oil Pollution Act...
s.sch003 In the Litter Act 1983— (a) in section 4 (consultation...
s.sch003 In the Water Act 1989, in Schedule 23 (control of...
s.sch003 In the Planning (Consequential Provisions) Act 1990, in Schedule 2...
s.sch003 In the Environmental Protection Act 1990— (a) in section 79...
s.sch003 (1) Section 24 of the Natural Heritage (Scotland) Act 1991...
s.sch003 In section 26 of the Agricultural Holdings (Scotland) Act 1991...
s.sch003 In the Clean Air Act 1993, in section 42 (colliery...
s.sch003 In the Radioactive Substances Act 1993, in Schedule 3 (enactments...
s.sch003 In the Local Government etc. (Scotland) Act 1994, in Schedule...
s.sch003 (1) The Environment Act 1995 is amended as follows.
s.sch003 (1) The Environmental Protection Act 1990 is amended as follows....
s.sch003 The amendments made by paragraph 29 to subsection (4) of...
s.sch003 (1) The Criminal Procedure (Scotland) Act 1995 is amended as...
s.sch003 In the Town and Country Planning (Scotland) Act 1997, in...
s.sch003 In the Planning (Consequential Provisions) (Scotland) Act 1997, in Schedule...
s.sch003 In the Crime and Punishment (Scotland) Act 1997, in section...
s.sch003 In the City of Edinburgh (Guided Busways) Order Confirmation Act...
s.sch003 In the Pollution Prevention and Control Act 1999, in Schedule...
s.sch003 In the Antisocial Behaviour etc. (Scotland) Act 2004, in schedule...
s.sch003 In section 70 of the Forth Crossing Act 2011 (control...
s.sch003 (1) The Control of Pollution Act 1974 is amended as...
s.sch003 (1) The Clean Air Act 1993 is amended as follows....
s.sch003 (1) The Environmental Protection Act 1990 is amended as follows....
s.sch003 (1) The Natural Heritage (Scotland) Act 1991 is amended as...
s.sch003 (1) The Radioactive Substances Act 1993 is amended as follows....
s.sch003 (1) The Environment Act 1995 is amended as follows.
s.sch003 Section 78 of the Flood Risk Management (Scotland) Act 2009...
s.sch003 (1) The Environment Act 1995 is amended as follows.
s.sch003 In section 136A of the Merchant Shipping Act 1995 (discharges...
s.sch003 In the Pollution Prevention and Control Act 1999, in section...
s.sch003 (1) The Water Environment and Water Services (Scotland) Act 2003...
s.sch003 In section 25 of the Water Services etc. (Scotland) Act...

Help complying

Guvnor’s practical routes through this instrument.

Water Framework Directive compliance for businesses

Complete compliance pathway for businesses whose activities may affect water body status — from understanding the WFD framework through identifying which licences, …

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How to get authorisation for any activity affecting surface water or groundwater in Scotland — abstraction, impoundment, engineering in or near a …

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.